In the classified documents case involving former President Donald Trump, Florida Judge Aileen Cannon delivered a firm response to Department of Justice (DOJ) special counsel Jack Smith and the prosecutors. She expressed her disapproval in a filing posted on Sunday.
In a filing from the West Palm Beach Division of the Southern District of Florida, Cannon, who was appointed by Trump in 2020, expressed her disappointment with Smith’s request to withhold information from the public in order to safeguard grand jury secrecy and protect the safety of witnesses. She argued that Smith had disregarded similar concerns in the past during the course of the case.
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In her Sunday order, Judge Cannon partially granted and partially denied Smith’s two motions regarding the sealing and redaction of defense filings in the trial investigating Trump’s alleged mishandling of classified documents. This trial focuses on the documents that Trump took with him to his Mar-a-Lago estate in Palm Beach, Florida, after his departure from the White House in January 2021.
According to Cannon, there is no indication in the explanation that the Special Counsel couldn’t have protected the integrity of his Office while also addressing the important concerns related to witness safety. These concerns have been consistently highlighted by the Special Counsel to the Court and the Court has made efforts to accommodate them through various sealing and redaction orders. The Court expresses disappointment in the current situation.
“The Court expresses concern over the Special Counsel’s treatment of certain sealed materials in this case,” the order stated.
I reached out to Smith’s office and the Trump campaign via email on Sunday afternoon, seeking their comments. I will update this story with any responses received.
The trial’s commencement has been put on hold by Cannon, as she seeks to resolve other legal disputes associated with the case. This move has faced significant criticism from legal experts, who argue that the judge has displayed favoritism towards the ex-president throughout the proceedings.
Cannon, in his latest order on Sunday, highlights Smith’s past stance on unsealing documents. Smith advocated for the public disclosure of these documents as a means to openly address defense claims of prosecutorial misconduct put forth in pretrial motions.
“The Special Counsel made it clear in two separate filings that he had no objection to fully unsealing the previously sealed docket entries that pertained to allegations of prosecutorial misconduct,” Cannon explained. “Based on this explicit statement and the lack of any defense objection, the Court proceeded to unseal those materials, as it generally favors public access.”
In Sunday’s filing, Cannon refutes the proposed redactions put forward by Trump’s legal team. However, the judge has allowed for a hearing on the redactions’ merits in response to another motion by the former president. The order also includes Trump’s co-defendants in the classified documents case, Walt Nauta and Carlos De Oliveira.
In June 2023, the classified documents indictment against Trump, the presumed Republican presidential nominee, was unsealed, revealing 40 federal felony counts. In August 2022, the Federal Bureau of Investigation (FBI) conducted a raid on his Mar-a-Lago estate.
