Your friday night. You too, buddy. All right. Today, the federal judge overseeing Special Counsel jack smiths case into Donald Trumps attempt to overturn the 2020 election and shoot a Protective Order. Judge Tanya Chutkan establish limits on what evidence in the case trump cant discuss publicly. Judge chutkan ordered that donald trump cannot disclose sensitive materials, including recordings, transcripts, interview reports, and related exhibits of witness interviews and materials obtained from other governmental entities. Donald trumps legal team can show him the sensitive materials in the case, but trump cannot take notes on any information that would identify witnesses and, according to the Protective Order, quote, during any time that the defendant reviews sensitive materials outside of Defense Councils presents, the defendant must not have access to any device capable of photocopying, recording, or otherwise replicating the sensitive materials, including a smart cellular device. This Protective Order was a partial win for jack smiths team, who originally sought to prevent the public release of all evidence given to donald trump. Lets not forget these rules for sensitive materials are being enforced on the twice impeached former president who was comfortable with leaving classified documents in a bathroom at his florida residence. Donald trumps legal team has stuck to a very obvious strategy in this case. We naked about First Amendment rights, delay, and then make it some more and then try the case in the media. Before issuing the Protective Order, judge chutkan addressed all of trumps defense tactics. Just this week, donald trump said this. She sure would like to talk to you about your case, im sorry, im not allowed to talk about. It somehow that is not good for we say i cant talk, i will talk about, it i will, then they take it away, my First Amendment right. Judge chutkan today said, quote, mr. Trump, like every american, has the First Amendment right to free speech. But that right is not absolute. That right is not absolute. Donald trump does not have the right to bully or intimidate witnesses, or use his Social Media Platform to send posts like this. If you go after me, i am coming after you, all caps. On Donald Trumps social media use, judge chutkan said, quote, your clients defense is supposed to happen in this courtroom, not on the internet. And to the extent your client wants to mix statements on the internet, they have to yield to witness security, witness safety. That is what i am concerned about. Judge chutkan was also concerned about the defenses request to allow more trump aides to review evidence in the case. The definition you have currently is simply too broad. It allows just about anybody you know, i live in washington, everyone is a consultants. Trump attorney john laura argued the Protective Order would put a, quote, shill over trumps ability to defend himself in the 2024 president ial campaign. Judge chutkan side, quote, he is a criminal defendant. He is going to have restrictions like every single other defendant. And the fact that the defendant is engaged in a Political Campaign is not going to allow him any greater or letter lesser latitude than any defendant in a criminal case. That means that he cant say exactly what he wants to say about people who may be witnesses in this case. That is how its going to have to be. Meanwhile, after more than two years of demanding the Justice Department appoint a Special Counsel to investigate hunter biden, republicans and congress got their wish. Today, Attorney GeneralMerrick Garland announced the appointment of u. S. Attorney david weiss as Special Counsel in the investigation. On tuesday of this week, mr. Weiss advised me that, in his judgment, this investigation had reached the stage at which he should continue his work as a Special Counsel. And he asked to be so appointed. Upon considering his request, as well as the extraordinary circumstances relating to this matter, i have concluded that it is in the Public Interest to appoint him as Special Counsel. The white house was not given advance notice of the advance announcement and did not comment. David weiss, a trump appointee, has been investigating hunter biden since 2018. Today, prosecutors said in a court filing that Plea Negotiations with hunter biden s team on tax charges brought by weisss office had fallen apart. The case is now expected to go to trial. Leading off our discussion tonight, hugo lowell, who covers donald trump and the Justice Department for the guardian. He was at the courthouse here in d. C. For todays hearing. Hugo, great to see you. What was your impression of judge chutkans first hearing in this case . I think that theme was no nonsense and no politics, and the judge made that very clear throughout the course of the hearing. The one thing she kept returning to was, you know, trump is now a criminal defendant. Just because he is choosing to run a campaign does not mean that supersedes his requirement that he abide by a Protective Order or abide by his Release Conditions so that he wont be engaging my chill will rise to the level of witness intimidation. You saw this reflected in the order she handed down. She did grant and the Trump Lawyers request to have sensitive material kind of support in a kind of bucket as opposed to non sensitive material, which he cant disclose. He could disclosed to such an extent that its difficult to really see it as a win for trump at all, in fact i think most points the Special Counsel wanted, they won. Hugo, judge chutkan said this to Donald Trumps defense team, i caution all of you and your client, therefore, to take special care in your public statements about this case. I will take whatever measures are necessary to safeguard the integrity of these proceedings. Did judge chutkan stress this throughout the hearing . You could see it kind of themes, but it was a real warning that came at the end of the hearing today. They had wrapped up most of the proceedings, they had wrapped up discussion of the Protective Order. At the very end she sat everyone down inside, look, this is how this is going to work. This is my courtroom, and there is not going to be any of these politics, this split game going on in my courtroom. Trials are not elections, and she sounded this morning that was pretty aimed at trump to say any inflammatory rhetoric is going to push me to schedule a trial sooner, which is obviously not what trump wants, because he wants to delay. That is because i want to protect the integrity of the proceedings and i will ensure that we have a jury pool that has not been tainted. All, right hugo lowell at the guardian, thank you for coming to the last word tonight. Joining us, now to former federal prosecutors and msnbc legal analyst. Paul butler and cynthia talks any. Paulette, me start with you. Is this Protective Order a victory for jack smith . Its mainly a victory for jack smith. So the judge signaled that she is going to be very fair to trump in the way that she has to every defendant, but that she is not putting up with his typical nonsense. And, so she went along with the defense requests that if the Protective Order needed to be limited. She limited it to sensitive materials, but she has a very broad definition of what sensitive materials me. And the most revealing aspect of the order is a requirement that trumps lawyers review his notes when he is looking at the material to make sure he is not secretly writing down stuff that he could make public later. She said he cant even take his phone in the room when he is looking at this evidence. Jonathan, i think she was persuaded by some shade that the prosecutors have thrown. One of the lawyers of the trump house has shown a tendency to hold on to material he should not. An obvious solution to trumps other federal cases. I read that particular order, and i was, like how are they going to guarantee this given past practice . Cynthia, as we are talking, about donald trump has a habit of taking documents he shouldnt take. What are some of the guidelines for Donald Trumps legal team regarding who can see the sensitive material . Only the legal team can see it. His lawyer tried to expand that to include volunteers and people who were helping. The judge said, no, you cant do that. Everybody is a consultant in washington and we all know thats true in washington. Its going to be limited, really, to the core legal team, they can only see it, and anybody who participates and looking at it has to sign that they had read the judges order so that they too may be held in contempt if they violate the order. Let me say, even though and there are restrictions on trump, who are we getting . Its going to take the guy a to violate this order. Wait until he reads the secret, there is this tease in the hearing, and they have secret Service Emails and communications, which he probably has not seen yet. When he sees that, when he sees exactly what pence said, when he was interviewed, when he sees exactly what meadows said when he was interviewed, when he finds out who has flipped against him, there is just no chance and that donald trump can control himself and not comment about that. Its only a matter of time until we are back in court really great relitigating this exact order. It said its going to take a pair of seconds. What happens if donald trump doesnt adhere to this Protective Order . Coach judge chutkan issue a gag order . So it is when not if, jonathan. Everyone in that courtroom knows at some Point Donald Trump is going to violate. Judge chutkan actually said she sees the potential for lots of problems. She said witnesses dont have secret Service Details to protect them. So if, when trump violates the Protective Order, could judge chutkan find him or even lock him up for contempt. But jonathan, her genius move today was to suggest another sanction moving up the trial date. If anything Motivates Trump to follow the rules, it might be that. As we all know, he wants the trial to happen as late as possible. Right, right. Cynthia, jack smiths prosecutors are prepared to hand over 11. 6 million pages of discovery to Donald Trumps defense team. What does that mean for setting a trial date . Well, it means january 2nd is probably not a realistic trial date. The judge threatened today that she would move the trial date up. It is of course, pauls right, that is a brilliant carrot for the trump team. But she can only move it up so far, with that much discovery, and maintain a level of fairness. You do get a sense today she is very serious about this being a fair proceeding, for trump, and making sure that the jurors are properly not only protected but not they dont have any evidence or information before the trial starts and the witnesses are protected. But she is such a fair person. Shes not going to move it up too far. Thats a lot of discovery. What happens in cases like this is the prosecutors organize it and they say these are the important pieces and this is what you need to look at in an attempt to try to speed things along. But in truth, a good defense attorney doesnt follow that. A good defense attorney goes through all the evidence themselves and makes a decision. I dont think its possible they can do that by january. Its a lot of discovery and its going to take a lot of time to be ready for trial. Im hoping it can be done in march or april, but january does not seem realistic to me. Lets turn to the hunter biden investigation. Now the Special Counsel in that case has been appointed, whats next . First, let me say the appointment of the Special Counsel was unnecessary. It is Merrick Garland giving a performative Virtue Signaling with an infusion of when pianists. He is the most powerful Law Enforcement official in the country and he really doesnt have to hand off his most important difficult decisions to Special Counsels, even if that means people are going to be happy with his decision. So it wasnt necessary, but its not a gamechanger. Its the same republican appointed prosecutor who stays on the case, the plea bargain broke down, but it could still happen. 90 of federal criminal cases are resolved with plea bargains. Garland didnt say why he wants wise to be Special Counsel, but one theory is he will have the power to bring cases in various jurisdictions. But it weiss couldve worked that out without being the Special Counsel. The main difference that it makes is that at the end of the investigation, david weiss will be required to write a report about his conclusions. And garland says he will release as much of that report as possible. Paul butler, Cynthia Alksne thank you both very much for coming to the last word tonight. And, coming up, all signs are pointing to a Charging Decision in georgia from Fulton CountyDistrict Attorney fani willis, coming next week with new reporting about who could be charged and for what crimes. We will have more defendant trump news coming up next. Ing up next. Omatically adjusts to earn you more cash back in your top eligible spend category. Hi. You dont have to keep tabs on rotating categories. This is the only rotating i care about. Or activate anything to earn. Your cash back automatically adjusts for you. Can i get a Cucumber Water . Earn 5 cash back that automatically adjusts to your top eligible spend category, up to 500 spent each Billing Cycle with the citi custom cash℠ card. I love it. [voice vibrating] vo ninetytwo percent of students in highneeds schools cant with the citi custom cash℠ card. Afford essential School Supplies. Subaru and our retailers are there to help by giving millions of dollars in funding along with School Supplies students need. We call it the Subaru Love Promise and we are proud to be the largest corporate supporter of adoptaclassroom. Org. Its just one of the reasons forbes ranked subaru the number one automotive brand for social impact. Subaru. More than a car company. I brought in ensure max protein with 30 grams of protein. Those who tried me felt more energy in just two weeks uuuhhhh. Here, ill take that woohoo ensure max protein, 30 grams of protein, 1 gram of sugar. Enter the 10,000 powered by protein max challenge. When moderate to Severe Ulcerative Colitis takes you off course. Put it in check with rinvoq, a oncedaily pill. When i wanted to see results fast, rinvoq delivered rapid Symptom Relief and helped Leave Bathroom urgency behind. Check. When uc tried to slow me down. I got lasting, steroidfree remission with rinvoq. Check. And when uc caused Damage Rinvoq came through by visibly repairing my colon lining. Check. Rapid Symptom Relief. Lasting steroidfree remission. And the chance to visibly repair the colon lining. Check, check, and check. Rinvoq can lower your ability to fight infections, including tb. Serious infections and blood clots, some fatal; cancers, including lymphoma and skin cancer; death, heart attack, stroke, and tears in the stomach or intestines occurred. People 50 and older with at least 1 Heart Disease risk factor have higher risks. Dont take if allergic to rinvoq as serious reactions can occur. Tell your doctor if you are or may become pregnant. Put uc in check and keep it there with rinvoq. Ask your gastroenterologist about rinvoq and learn how abbvie can help you save. More shopping . You should watch your spending honey. Im saving with liberty mutual, mom. They customize your Car Insurance so you only pay for what you need. Check it out, you could save 700 dollars just by switching. Ooooh, ill look into that. Let me put a reminder on my phone. Save 700 dollars. Pick up dad from airport . Ohhhhhh. Only pay for what you need. Liberty. Liberty. Liberty. Liberty. When people come, they say theyve tried only plots of diets,u need. Nothings worked or theyve lost the same 10, 20, 50 pounds over and over again. They need a real solution. Ive always fought with 510 pounds all the time. Eating all these Different Things and nothings ever working. Ive done the diets, all the diets. Before golo, i was barely eating but the weight wasnt going anywhere. The secret to losing weight and keepin