Judge Aileen Cannon denied the special counsel's request to hide the names of 84 potential witnesses in the Trump classified documents case
News organizations, led by The Times and CNN, have also opposed Smith's efforts to shield the names.
Senate Judiciary Committee
- Judge Aileen Cannon ruled federal prosecutors can't keep a list of potential Trump witnesses secret.
- Cannon reject special counsel Jack Smith's efforts to file the list of 84 possible witnesses under seal.
- News organizations, led by The Times and CNN, have also opposed Smith's efforts to shield the names.
US District Judge Aileen Cannon ruled on Monday that special counsel Jack Smith cannot file under seal the names of 84 potential witnesses who may offer incriminating testimony after former President Donald Trump's handling of classified documents.
Cannon in a brief order wrote that she was not convinced that federal prosecutors did not have other means at their disposal to justify shielding the list of potential witnesses from public view.
"The Government's Motion does not explain why filing the list with the Court is necessary; it does not offer a particularized basis to justify sealing the list from public view; it does not explain why partial sealing, redaction, or means other than sealing are unavailable or unsatisfactory; and it does not specify the duration of any proposed seal," Cannon wrote.
The Trump-appointed judge noted that a bevy of news organizations, including The New York Times, CNN, The Washington Post, The Wall Street Journal, and Insider, have also opposed keeping the potential witnesses' names private. The news organizations previously wrote to the court that sealing would deprive Americans from learning about "a highly significant initial step in this extraordinary prosecution."
As part of the conditions of Trump's release, the former president isn' t allowed to contact the potential witnesses about the case except through his counsel. The federal government was then instructed to provide a list of names to Trump and the court, setting off the current episode.
The former president's own lawyers have strongly indicated that the potential witnesses could include senior officials and people who are still around Trump. Waltine Nauta, who was charged alongside Trump, continues to be the former president's "body man" and was seen working for him outside the Miami courthouse on the morning of Trump's arraignment.
Cannon has faced scrutiny in the past in previous cases related to Trump. It remains to be seen how Smith's team will proceed.