A federal judge has denied special counsel Jack Smith’s request to keep some documents hidden in former President Donald Trump’s classified documents case.
Judge Aileen Cannon, who’s overseeing the trial in former President Donald Trump’s classified documents case, has rejected a motion by special counsel Jack Smith to keep some documents hidden from President Trump’s defense.
In an order signed on Dec. 4, Judge Cannon directed a court clerk to unseal multiple documents that Mr. Smith’s team sought to keep sealed in the case that accuses the former president of retaining sensitive government materials, including some that were marked top secret, at his Mar-a-Lago home.
President Trump has said he used presidential powers to declassify the materials, insisting that he isn’t guilty and calling the case an attempt by his political foes to hamper his 2024 presidential run.
The former president’s longtime aide Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira have been named as co-defendants in the case; both also have pleaded not guilty.
President Trump’s defense team and Mr. Smith’s prosecutors have been litigating over what portion of classified materials the defendants are allowed to view, with the judge’s latest decision delivering a win of sorts for the co-defendants.
“In light of the Special Counsel’s Response to Defendants Motion to Unseal 230, and mindful of the strong presumption in favor of public access to judicial documents, the Clerk is directed to unseal docket entries 223, 224, and 230,” Judge Cannon’s Dec. 4 order reads.
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The newly unsealed docket entry 230, a response by prosecutors to a Dec. 1 court order, shows that Mr. Smith’s team agreed to unseal the documents, as requested by the defense, although prosecutors insisted on some redactions.
“The defendants did not oppose the Government’s request, but reserved the right to challenge the redactions later,” the document reads.
Mr. Smith’s team also revealed in the newly unsealed court filing that prosecutors initially opposed unsealing 223 and 224 because it “would have revealed to defense counsel information, albeit unclassified, about the contours of the Government’s planned CIPA Section 4 motion,” meaning that it risked giving President Trump’s legal team an opportunity to more effectively counter Mr. Smith’s moves.
By Tom Ozimek
