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U.S. District Judge Tanya Chutkan is responding strongly to remarks and claims an attorney for Donald Trump is making in court Monday morning as she hears arguments on Special Counsel Jack Smith’s motion to place a gag order on the ex-president in the case charging him with election interference and fraud.
“Mr. Trump is a criminal defendant,” Judge Chutkan told Trump attorney John Lauro, according to Politico’s Kyle Cheney. “He is facing four felony charges. He is under the supervision of the criminal justice sytem and he must comply with the conditions of release. He does not have the right to say and do exactly as he pleases.”
Lauro told Judge Chutkan that his client, Donald Trump, has complied with pre-trial conditions.
“I’m going to take issue with that,” Judge Chutkan replied.
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Trump’s attorneys told the judge the trial should be delayed until after the election.
“This trial will not yield to the election cycle and we will not revisit the trial date,” Chutkan declared.
Bloomberg News’ Zoe Tillman reports: “Lauro keeps calling this ‘censorship,’ and Chutkan stops him: There is no question that a court is entitled to draw restrictions on a def’s behavior and a def’s speech pending trial. You keep taking about censorship like the def has unfettered First Amendment rights. He doesn’t.”
At one point Judge Chutkan appeared to quote England’s King Henry II.
Tillman writes: “Judge says, ‘would no one rid me of this troublesome priest’ comes to mind re: Trump’s repeated attacks on Jack Smith, calling him a ‘thug’ — she asks, doesn’t that suggest someone should get him off the street? Lauro disputes there’s proof of any imminent risk.”
Deadline’s Ted Johnson reports after Judge Chutkan read “Trump’s post on Mark Milley, suggesting that he should be executed,” Lauro “insist[ed] that Trump was not suggesting that Milley should be executed.”
Johnson adds Chutkan’s response: “Chutkan: What he’s not entitled to say that that punishment in days gone by ‘would be punishable by death.’ She does not appear to be buying Lauro’s argument that he was not suggesting that.”
“Chutkan: ‘To write in all caps DEATH about a potential witness in this case? Doesn’t that go too far,’” she appeared to ask.
Lawfare senior editor Roger Parloff, via social media adds that Lauro told Judge Chutkan (not a direct quote) “we’re in a campaign, dealing with content-based political speech. biden adm is attempting to silence his primary opponent.”
Parloff also writes:
“Judge: let me stop you there. mr. trump is a criminal defendant and he’s [subject to rules everyone else is]
Lauro: …everyone’s complying …
Judge: (skeptical): everyone’s complying?”
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Parloff also offers this short-hand transcript (again, not direct quotes):
“Lauro: what we object to is Biden Adm attempt to censor his political opponent. Mr. Trump is entitled to speak truth to oppression. he’s entitled to criticize these prosecutors. here we have situation where Biden Adm–
Judge: i know you have a message you want to get out”
“judge: i dont want to hear campaign rhetoric.
Lauro: it’s not campaign rhetoric …thse prosecutors decided to bring this case in middle of a campaign. chose to have it inextricably intertwined with a political campaign. … trump entitled to say these proceedings are unfair”
Trump’s attorney John Lauro also objected to a gag order because President Joe Biden is not subject to one, Parloff reports. Judge Chutkan was forced to remind Lauro that President Biden is not before the court.
Lauro also pledged to appeal enforcement of a gag order, and claimed Trump has made “no threats, nothing that amounts to intimidation.”
“Judge: laughs out loud. … Politics stops at this courthouse door …” Parloff writes.
Parloff also offered this exchange between Judge Chutkan and John Lauro:
Judge: in what kind of case is it appropriate for criminal defendant to call prosecutor a ‘thug’ and stay on the streets.
L: whether it’s language i would use–
J: i’m asking in normal prosecution would def be allowed to call prosecutor a thug?
L: this is not a normal case
/21— Roger Parloff (@rparloff) October 16, 2023
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