Because We Can't Wait For "Story To Come"

All three of Donald Trump's attorneys who have entered the case so far are present for the hearing:

· John Lauro
· Todd Blanche
· Gregory Singer

The government is represented by Thomas Windom and Molly Gaston, both senior assistant special counsels.

— Jordan Fischer (@JordanOnRecord) August 11, 2023

The biggest difference between the parties, Judge Chutkan says, is that the government wants the protective order to cover ALL discovery and Trump wants it to cover only SENSITIVE discovery.

— Jordan Fischer (@JordanOnRecord) August 11, 2023

Windom says he thinks the "vast majority" of discovery material in the case would be considered sensitive under the DOJ's definition — although that's in dispute too.

— Jordan Fischer (@JordanOnRecord) August 11, 2023

Windom says DOJ is focused on getting this case to trial in a timely fashion.

"Oh, I agree," Judge Chutkan says.

— Jordan Fischer (@JordanOnRecord) August 11, 2023

JOHN LAURO: “We have to face the fact that we are in uncharted waters here where we have a candidate running for office and his opponent has the Justice Department bringing criminal charges against him.”

— Jordan Fischer (@JordanOnRecord) August 11, 2023

LAURO points out one witness Trump is definitely going to want to talk about publicly: his former VP and now competitor for the Republican presidential nomination, Mike Pence.

— Jordan Fischer (@JordanOnRecord) August 11, 2023

JUDGE CHUTKAN: “Mr. Lauro, your client hasn’t seemed to have any trouble talking about this case and the prosecution for some time.”

LAURO: “And we have no problem if he can continue speaking as he’s done.”

— Jordan Fischer (@JordanOnRecord) August 11, 2023

LAURO: “We will obey your honor’s order 100%...”

JUDGE CHUTKAN: “Happy to hear that.”

— Jordan Fischer (@JordanOnRecord) August 11, 2023

Judge Chutkan is moving on to the request from the defense to be able to share discovery materials with "volunteer lawyers" and others who are not attorneys who've entered the case.

Chutkan says she thinks the request is too broad, could apply to "almost anyone."

— Jordan Fischer (@JordanOnRecord) August 11, 2023

LAURO: “To basically disable us from having consultants or volunteer lawyers working on the case would hamper us in an incredible way.”

CHUTKAN: "Volunteers? You're asking for such a broad definition and it makes me concerned."

— Jordan Fischer (@JordanOnRecord) August 11, 2023

JUDGE CHUTKAN isn't granting the DOJ's request for a blanket protective order. It will cover sensitive materials as requested by the defense.

However as to what gets designated as sensitive, she's less persuaded by the defense (which says witness transcripts shouldn't be).

— Jordan Fischer (@JordanOnRecord) August 11, 2023

JUDGE CHUTKAN says she's concerned members of the public not bound by the protective order might use sensitive information to intimidate witnesses or otherwise threaten the case, so recordings, reports and transcripts of witness interviews will be designated sensitive.

— Jordan Fischer (@JordanOnRecord) August 11, 2023

JUDGE CHUTKAN is going through the proposed protective order line-by-line. Currently on paragraph 10, which under the DOJ's version would require Trump's lawyers to be in the room with him when he reviews witness transcripts or other materials. Defense wants solo review. pic.twitter.com/V89JD7bBsE

— Jordan Fischer (@JordanOnRecord) August 11, 2023

WINDOM says requiring a lawyer to be in the room with Trump would reduce the risk of him photocopying or taking a picture of sensitive materials.

WINDOM: “He has shown a tendency to desire to hold on to material which he should not.”

— Jordan Fischer (@JordanOnRecord) August 11, 2023

LAURO: “In 40 years of practice I’ve never seen in a white collar case where counsel has to sit next to a client and literally babysit to make sure they don’t violate a protective order.”

— Jordan Fischer (@JordanOnRecord) August 11, 2023

JUDGE CHUTKAN is giving the defense some of what it wants. Trump will be allowed to review sensitive materials alone without a lawyer present. However, a member of the defense team will have to review any notes he takes and Trump cannot "carry the materials around with him."

— Jordan Fischer (@JordanOnRecord) August 11, 2023

JUDGE CHUTKAN is now explaining why she denied the government's motion for a sealed, ex parte filing last night: “I intend to proceed with this case in the public record as much as possible.”

Says any future motions to file under seal will need to lay out basis for doing so.

— Jordan Fischer (@JordanOnRecord) August 11, 2023

JUDGE CHUTKAN, to the defense: "You heard Mr. Windom. I can just imagine your motion for a trial date now."

— Jordan Fischer (@JordanOnRecord) August 11, 2023

JUDGE CHUTKAN also says the more public statements are made that threaten to taint a potential jury, the "greater the urgency will be that we should proceed to trial quickly."

— Jordan Fischer (@JordanOnRecord) August 11, 2023

And that's about how it's supposed to go.  You can see why they never show this stuff on TeeVee, but it's the bread 'n' butter of trial work.  Recall that calendar proposed by the DOJ; most of it is pre-trial motion practice.  That's not "delaying tactics" (it will be when Trump's lawyers make their proposals for the trial date; or at least I expect it to be called that); that's how much work has to be done before opening arguments to the jury can begin.

Not like TeeVee at all.

I do appreciate the judge firing a warning shot across Trump's bow:  1) she doesn't care about the presidential campaign calendar.  2) if Trump keeps shooting his mouth off, he will get a trial next year.  And the further away if gets from January 2, the deeper into primary season it goes.  3) But the judge has made it clear she doesn't care about that.

I do want to underline this, from another source:

Defense lawyer John Lauro says of DOJ, there is a desire to interfere with Trump's campaign by overburdening him. But Judge Chutkan says she has not seen any evidence of improper political motivations.

— Carrie Johnson (@johnson_carrie) August 11, 2023

I can't believe Lauro tried to bring that Trumpy shit into the courtroom, but now we know it ain't gonna play.

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