Judge in Jan. 6 hearing cautions Trump against 'inflammatory statements,' says free speech 'not absolute'

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Judge in Jan. 6 hearing cautions Trump against 'inflammatory statements,' says free speech 'not absolute'
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The judge overseeing a hearing in special counsel Jack Smith's Jan. 6 case against former Pres. Trump says Trump has a right to free speech—but it's not absolute.

Smith requested the protective order last Friday after Trump posted a message to his social media platform, Truth Social, saying, "IF YOU GO AFTER ME, I'M COMING AFTER YOU!"

The former president has denied all wrongdoing and denounced the charges as the "persecution of a political opponent." Prosecutors said the government's aim is to prevent any materials that are handed over in discovery from being used to taint an eventual jury."They have identified what they intend to do with it," special counsel attorney Tom Windom said of Trump and his team. "Even if it is non-sensitive material, it still has the potential to intimidate witnesses."

Trump's attorneys also sought latitude from the judge as Trump campaigns to regain the presidency in 2024. On the portion of the protective order that relates to how Trump himself should be supervised when reviewing discovery materials shared by the government, Lauro said he had concerns about requiring an attorney to sit with Trump at any time he wants to read through evidence -- but Windom countered that the government had ample reasons to request that.

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