The federal judge assigned to former President Trump’s 2020 election case has largely sided with Trump’s defense attorneys on a protective order over evidence, but handed prosecutors a win by broadening which material is considered “sensitive” and should be protected. 

Trump’s lawyers returned to federal court in Washington, D.C., on Friday morning for their first hearing before U.S. District Judge Tanya Chutkan, who is overseeing special counsel Jack Smith’s 2020 election meddling case against Trump.

Chutkan heard arguments about the restrictions on evidence in the case. In court filings, prosecutors had argued for broad rules baring Trump’s lawyers from sharing “sensitive” materials with the former president, including witness testimony to the grand jury and recordings and transcripts of Trump associates who spoke to prosecutors. Trump’s attorneys countered that the government’s request was too broad and infringed on Trump’s First Amendment rights. 

In a “close” decision, Chutkan said she was not persuaded that the government has shown all information gathered in the case would fall under the protective order. She ruled that only information designated as “sensitive” should be protected — however, she agreed with the government that every single person interviewed by prosecutors is a potential witness and is sensitive. 

“The defendant has the right to free speech, but that right is not absolute,” Chutkan said at the onset of the hearing. “Without a protective order, a party could release that info to the jury pool.” 

Federal prosecutor Thomas Windom said Friday the restrictions were necessary to prevent the “improper dissemination of materials … including to the public.” 

“The defendant has set forth an intention to set forth any information that they deem informative,” Windom told the judge. 

“Defense has broadcast their strategy, and that is not to try this case in this courtroom, and your honor should address that,” he said.