Trump's Lawyers Are Tryin' It With Judge Chutkan In Jan. 6 Case

Try that in a small town ... but don't try it in DC.

Donald Trump spent the weekend melting down on social media as his lawyer John Lauro did a “full Ginsburg” on the talk show circuit to explain that Trump merely engaged in an "aspirational coup,"and, really, if you think about it, doesn’t the Constitution guarantee us all life, liberty, and the pursuit of happiness?

What set Trump off, to the extent that he ever needs a reason, was a flurry of dueling briefs on Friday night in his DC case in which his lawyers’ blatantly dilatory arguments failed to win the day.

It started Friday afternoon when the government moved for a protective order so that it can begin disclosing evidence, including things like grand jury transcripts and sealed search warrant affidavits, which should remain secret. Prosecutors claim that Trump’s attorneys have dragged their feet, making unworkable counterproposals that do not protect sensitive materials — presumably because John Lauro and Todd Blanche don’t want to be on the hook with the court if their client posts grand jury information on Truth Social.

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Trump has a history of sending the mob after civil servants, such as Georgia poll workers Ruby Freeman and Shaye Moss, and indeed Rolling Stone reports that Trump is already fomenting plans to rain down vengeance on everyone associated with the prosecutions against him. And yes the government hinted obliquely at this on Friday, including in its motion a reference to his “IF YOU GO AFTER ME, I’M COMING AFTER YOU!” post, noting that “the defendant has previously issued public statements on social media regarding witnesses, judges, attorneys, and others associated with legal matters pending against him.”

The proposed order bans disclosure of all discovery documents, while including a provision for the protection of sensitive information. Or, as his lawyer John Lauro said twice on Fox yesterday “the government is trying to hide non-sensitive political information about what the case involves, in a political season.” That’s nonsense, of course, which is why Lauro didn’t say it on CNN, CBS, or ABC, where he might get called out on it.

While we have no idea what about the five-page proposed order particularly set him off, it’s a safe bet that it’s this paragraph here:

Sensitive Materials must be maintained in the custody and control of defense counsel. Defense counsel may show Sensitive Materials to the defendant as necessary to assist in preparation of the defense, but defense counsel may not provide a copy of Sensitive Materials to the defendant. Moreover, if defense counsel does show Sensitive Materials to the defendant, defense counsel may not allow the defendant to write down any personally identifying information as identified in Federal Rule of Criminal Procedure 49.1 that is contained in the Sensitive Materials. If the defendant takes notes regarding Sensitive Materials, defense counsel must inspect those notes to ensure that the defendant has not copied down personally identifying information as identified in Federal Rule of Criminal Procedure 49.1.

Or maybe Trump’s lawyers are just trying to waste time, gaining a few days here or there by being obstreperous. Whatever the reason, they were hopping mad when Judge Chutkan responded immediately with a minute order giving them until 5:00 p.m. Monday (that’s today!) to respond with a redline of the government’s proposed brief. So on Saturday they filed a motion asking the court to rescind that order and schedule the issue for oral argument, tut-tutting about “Friday evening ultimatums” and “improper tactics by the government.”

The government immediately responded that, when negotiations broke down, it had proposed an order “modeled after a protective order entered in a case before Judge Carl J. Nichols recently tried by one of the defendant’s attorneys present at his arraignment.” That’s an apparent reference to Evan Corcoran, who is not entered in this case, but who was present on Thursday at Trump’s arraignment. Corcoran represented Steve Bannon in his contempt of congress case, and indeed the protective order in that case is identical to the one proposed here.

Furthermore, prosecutors observe that, “Rather than spend time complying with the Court’s order, the defendant drafted a filing as to why he did not have time to review and consider the 5-page proposed protective order.” They did not point out that Lauro had time to appear on five television shows yesterday, but not to redline the order, as instructed by the court. But they did note that, in contrast to the defendant, “Government counsel is available at any time — evenings, weekends, or holidays.”

Goofus loafs around with his TV pals all weekend. Gallant studies and does extra-credit before class.

Guess who else works weekends?

That’s right, it’s Judge Tanya Chutkan, who immediately denied Trump’s order and told him to get to work on the proposed order.

Which is how we got this:

THERE IS NO WAY I CAN GET A FAIR TRIAL WITH THE JUDGE “ASSIGNED” TO THE RIDICULOUS FREEDOM OF SPEECH/FAIR ELECTIONS CASE. EVERYBODY KNOWS THIS, AND SO DOES SHE! WE WILL BE IMMEDIATELY ASKING FOR RECUSAL OF THIS JUDGE ON VERY POWERFUL GROUNDS, AND LIKEWISE FOR VENUE CHANGE, OUT IF D.C.

And this:

Deranged Jack Smith is going before his number one draft pick, the Judge of his “dreams” (WHO MUST BE RECUSED!), in an attempt to take away my FIRST AMENDMENT RIGHTS - This, despite the fact that he, the DOJ, and his many Thug prosecutors, are illegally leaking, everything and anything, to the Fake News Media!!!

And this:

No, I shouldn’t have a protective order placed on me because it would impinge upon my right to FREE SPEECH. Deranged Jack Smith and the Department of Injustice should, however, because they are illegally “leaking” all over the place!

NO LUNATIC! NO LUNATIC! YOU’RE THE RAGING LUNATIC DARING A FEDERAL JUDGE TO SLAP A GAG ORDER ON YOU!

[US v. Trump, Docket via Court Listener]

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