Quick update on tense dispute between Judge Cannon & govt in USA v Trump (MaL): ln trying to persuade Cannon to reconsider her order last week to unseal identities of >24 “participants” in probe, including some witnesses & their statements ...
1/5
... the govt showed her, under seal & ex parte (not to defense), an FBI 302 report it said (below) showed threat/harassment of a witness in this case. Yesterday, over govt objection, Judge Cannon ordered it turned over to defense *today* tho leaving it sealed from public. ...
/2
... Govt claims the documents Cannon ordered unsealed last week “will expose witnesses and others to intolerable and needless risks.” Says the material includes statements of potential witnesses which, by statute, need not be turned over till witness testifies ...
/3
... Wanting to streamline case, govt turned them over early under protective order, not imagining they’d be made public before trial, if it all, it says. Defendants had taken “no position” on govt’s proposed redactions, but said govt hadn’t met “burden” to keep them sealed...
/4
Judge has given defense till 2/23 to respond to govt’s motion to reconsider. Govt must meet high standard to win a motion reconsider: either “clear error” or “manifest injustice.” Govt claiming both.
/5-end
To be clear, the documents ordered unsealed last week have not yet been unsealed. That's what the govt's motion to reconsider is trying to keep from happening.
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