Judge Eileen Cannon
Judge Eileen Cannon, a Trump appointee, blocked special counsel Jack Smith's attempt to keep the names of government witnesses and other revelations under seal in the classified documents case against Trump.
Last June, Jack Smith indicted Trump on 37 federal charges in Miami.
Trump was charged with 31 counts of willful retention of national defense information and 6 other procedural offenses stemming from his conversations with his attorney.
Jack Smith was fighting to keep the names of the government's witnesses secret. He also opposed the release of discovery materials because one of the documents confirms the existence of another FBI investigation.
Last month, President Trump's lawyers filed a motion asking Judge Cannon to force Jack Smith to turn over the documents.
The documents provided by the special counsel's office were heavily redacted.
A journalist coalition that includes the Associated Press, The New York Times, The Washington Post, CNN, Fox News, and other media outlets also requested disclosure of the discovered materials.
Jack Smith opposed Trump's proposal to release discovery materials in a 4-page filing reviewed by Critic portal.
The special counsel argued that the material discovered should remain confidential because one of the documents confirms the existence of another FBI investigation…presumably related to Trump.
It is not clear what FBI investigation Jack Smith was referring to, but it has been publicly reported that the FBI opened an investigation into “Trump's possible involvement on January 6” in April 2022.
Jack Smith requested that some documents remain completely sealed.
Judge Cannon on Tuesday denied Jack Smith's request to keep some of the findings under seal.
“After an independent review of the request and the full record, the court determined, with limited exceptions as detailed below, that the Special Counsel did not establish a sufficient factual or legal basis to justify deviating from the strong presumption in favor of public access to the information.” records in question,” Cannon wrote in the order, according to Law & Crime.
Cannon criticized Jack Smith and rejected his request to keep the names of the government's witnesses secret.
“Although asserted concerns about witness safety and intimidation could constitute a valid basis for overriding the strong presumption in favor of public access, the special counsel’s scattered and undifferentiated response failed to provide the court with the factual basis necessary to justify sealing,” Cannon wrote.
Jack Smith Champagne Contract:
Judge Cannon, as expected, threw cold water on the Justice Department's win at the D.C. Court of Appeals today.
She partially agreed to Trump's request to reveal some revelations that Jack Smith wants to keep secret: pic.twitter.com/ROiUc8Hm5a
– Julie Kelly (@julie_kelly2) February 7, 2024
The Secret Documents Trial is currently scheduled for May 20, 2024, however may be postponed due to the postponement of Jack Smith's January 6 trial in D.C., which was scheduled for March 4, 2024.
