Special Counsel Jack Smith could be about to appeal a decision that the identities of potential witnesses in the classified documents trial against Donald Trump should be made public.
Smith has attempted to keep the identities of those who could give evidence in the federal trial under seal, but Judge Aileen Cannon, who is overseeing the case, ruled last month that the names should be released.
The former president has pleaded not guilty to 40 charges over allegations that he illegally retained classified documents after he left office and then obstructed the federal attempt to retrieve them.
In previous filings, Smith suggested to Cannon that disclosing the names of the potential witnesses in the high-profile case exposes them to "significant and immediate risks of threats, intimidation, and harassment." Smith's motion also states there is a "well-documented pattern" in which judges, agents, prosecutors, and witnesses involved in cases surrounding Trump "have been subject to threats, harassment, and intimidation."
Smith also indicated that he would appeal the ruling not to keep the witnesses' names under seal if Cannon, who was nominated to the bench by Trump and been criticized for multiple judgments that have favored the former president in the classified documents case, does not overturn it herself.
In a post on X, formerly Twitter, New York Times legal reporter Alan Feuer suggested that a recent legal filing suggests Smith could be about to appeal the witness ruling while noting the roles of the federal prosecutor's team.
"Two new Jack Smith prosecutors have filed notices in the classified docs case. James Pearce's name may show up Thursday on the government's opposition to Trump's motions to dismiss," Feuer wrote.
"But Cecil VanDevender has been handling appellate issues for Smith. Could an appeal be coming?"
In reply, legal analyst Allison Gill posted: "Might be in preparation for her ruling on unsealing the witness list and testimony. Jack Smith said he would appeal to the 11th circuit if she didn't overturn her own unsealing order."
Smith's office declined to comment when contacted by Newsweek.
Elsewhere, Cannon is set to confirm when Trump can appear in front of a jury to face the classified documents charges. She is expected to push the trial back from its current May 20 start date.
The former president's legal team previously called on Cannon to delay the federal trial until 2025 due to the Republican presidential hopeful's campaign schedule, while still suggesting a potential start date of August as per a court order.
Trump, who is set to be confirmed as the GOP's 2024 nominee after Nikki Haley dropped out of the primary race, has long faced accusations that he is hoping his classified documents trial will be delayed until after November's election at least.
If Trump beats President Joe Biden in November, the Republican could order the Department of Justice to drop the federal classified documents case once he takes office.
Smith's office has argued that the federal trial against Trump can begin in July.
Uncommon Knowledge
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
fairness meter
To Rate This Article
About the writer
Ewan Palmer is a Newsweek News Reporter based in London, U.K. His focus is reporting on US politics, domestic policy ... Read more
