Judge Aileen Cannon handed Department of Justice (DOJ) special counsel Jack Smith a win in former President Donald Trump's classified documents case on Wednesday.
Cannon, the federal judge overseeing the trial in Smith's case charging the former president with mishandling classified documents, granted a motion filed by Smith in March that was related to an upcoming filing from Trump co-defendant Walt Nauta. Smith had asked for parts of the filing to have "extensive redactions" before being made public.
Smith's 40-count case accuses Trump of illegally hoarding classified documents at his Mar-a-Lago resort in Florida and resisting federal efforts to get them returned.
Trump, the presumptive Republican presidential nominee, has pleaded not guilty to all charges. He maintains his innocence and has accused the Justice Department of targeting him for political purposes.
Cannon, a Trump appointee, responded to Smith's request on Wednesday, agreeing that at least some of the portions he requested should be redacted.
"PAPERLESS ORDER granting in part the Special Counsel's Third Motion for Redactions [423] in accordance with the Court's prior Orders [474] [492]. The Court expresses no opinion on any other requests contained in the Special Counsel's Motion. Signed by Judge Aileen M. Cannon on 4/30/2024," Cannon's order reads
In Smith's order, he listed several parts of the filing he believed should be redacted before being made public.
For instance, he wrote that one part of the filing referenced documents that are currently sealed. Another referenced "a sealed grand jury proceeding in the District of Columbia that involved a third client of his counsel, but that was unrelated to this case," while a separate portion allegedly named potential government witnesses.
"As the Government has argued in its prior motions for redactions and/or sealing (ECF Nos. 348 and 384), witness safety and privacy are paramount pretrial. The limited redactions of the names satisfy the good cause standard established in Chicago Tribune Co. v. Bridgestone/Firestone, Inc...as well as the higher standard requiring a compelling interest for the redactions and the redactions being narrowly tailored," he wrote.
Newsweek reached out to Nauta's attorney for comment via email.
Cannon at times has drawn criticism from some legal scholars over her rulings perceived to be favorable to Trump.
Last month, Smith filed a motion raising concerns about Cannon's proposed jury instructions suggesting that Trump may have had a legal right under the Presidential Records Act (PRA) to declare presidential records as personal property after leaving office.
Smith wrote those directions "rest on an unstated and fundamentally flawed legal premise." Some legal experts viewed his filing as a sign that he could eventually move to have her removed from the case.
She also issued a ruling last month giving Trump a May 9 deadline to reveal which of the files he plans to use in his defense; this would leave only seven weeks between that deadline and Smith's proposed trial state date of July 8.
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Andrew Stanton is a Newsweek weekend reporter based in Maine. His role is reporting on U.S. politics and social issues. ... Read more
