Special Counsel Jack Smith has requested Judge Aileen Cannon, who was appointed by former President Trump and is overseeing his case involving classified documents, to address what he perceives as a significant error that could jeopardize the safety of witnesses by exposing them to threats and intimidation from individuals associated with “Trump world.”
In a detailed 22-page court filing submitted on Thursday, Smith pointed out several instances where he believes Cannon made incorrect decisions in releasing unredacted discovery documents at the request of Trump and media organizations.
Smith emphasized that the unredacted material, if publicly docketed as ordered by the Court, could potentially reveal the identities of numerous potential witnesses and disclose the substance of their statements to law enforcement agencies or the grand jury. This exposure, he argued, could subject them to substantial risks of threats, intimidation, and harassment, citing previous incidents involving witnesses, law enforcement officers, judicial officials, and Department of Justice employees in cases involving Trump.
There have been reported instances of threats directed at court officials involved in Trump’s election interference cases in Washington, D.C., and Georgia, as well as his civil fraud trial in New York.
In addition to disputing Cannon’s decision, Smith also challenged her assertion that the government must demonstrate a compelling interest in keeping the documents private. He argued that this standard does not apply to discovery documents, citing relevant legal precedents.
Smith highlighted a ruling by the Eleventh Circuit, which stated that the compelling-interest standard does not apply to documents filed in connection with motions to compel discovery. Instead, such documents may be sealed or redacted upon a showing of good cause.
Given these legal arguments and precedents, Smith requested reconsideration of the decision to release the unredacted documents to “correct clear error.”
According to reports, the documents in question contain the names of potential witnesses, details of uncharged conduct by specific individuals, and the FBI codename for a separate investigation.
The case brought by the Justice Department against Trump revolves around allegations of his mishandling of classified materials after leaving office. Trump faces 40 federal charges related to accusations that he unlawfully retained the documents following his departure from the White House.
Despite the legal challenges, Trump remains a prominent figure in the Republican Party and a leading contender for the party’s presidential nomination in 2024. He has maintained his innocence and vehemently denied any wrongdoing in relation to the charges against him.
