Afternoon hearing in classified docs case in FLA ended around 3pm. As expected, both sides clashed over unsealing redacted information--Trump wants swath of discovery unsealed, Jack Smith does not--with Judge Cannon pressing both sides for clarity.
Cannon is no nonsense, very low key, only got animated once or twice.
The biggest dispute was over the release of names of witnesses and their statements. Jack Smith's team wants names and statements kept secret--prosecutor David Harbach claimed that witnesses are harassed, intimidated, and threatened "in any case where Donald Trump is a defendant."
Cannon pushed back on that claim, arguing that it would be "unprecedented" to keep names of witnesses and their substantive statements under seal in court motions--particularly names and statements of government officials.
Cannon said she understood the need to protect the safety of witnesses but that it is "not possible to shield everyone from the internet." She had asked for proof of legitimate threats to potential witnesses; Smith's team came back with one example (they also tried to keep under seal) of a potential witness who received social media "threats" after the indictment was announced.
Useful to note Judge Cannon is the only official involved in any of the Trump cases that received death threats legit enough to land one woman in prison:
Cannon is no nonsense, very low key, only got animated once or twice.
The biggest dispute was over the release of names of witnesses and their statements. Jack Smith's team wants names and statements kept secret--prosecutor David Harbach claimed that witnesses are harassed, intimidated, and threatened "in any case where Donald Trump is a defendant."
Cannon pushed back on that claim, arguing that it would be "unprecedented" to keep names of witnesses and their substantive statements under seal in court motions--particularly names and statements of government officials.
Cannon said she understood the need to protect the safety of witnesses but that it is "not possible to shield everyone from the internet." She had asked for proof of legitimate threats to potential witnesses; Smith's team came back with one example (they also tried to keep under seal) of a potential witness who received social media "threats" after the indictment was announced.
Useful to note Judge Cannon is the only official involved in any of the Trump cases that received death threats legit enough to land one woman in prison:
Witness lists are made public before trial--even Smith's team acknowledged that reality. DOJ just resists making the list and statements public now.
At first, DOJ said it had 87 potential government witnesses (they also asked to file that list under seal months ago, Cannon said no.)
Now Smith's team says it will call 40 witnesses and wants the names of 25 witnesses redacted.
Defense also wants Mar-a-Lago application and search warrant fully redacted.
Also some thornier and as Judge Cannon and Smith's team acknowledged "complicated" 1A considerations in releasing discovery materials. There is a protective order in place as well (common practice) but Smith's team sort of apologized at the beginning for over-relying on the protective order to keep filings under seal. "We could have done a better job. We are owning that," Harbach said.
declassified.live/p/showdown-in-…
At first, DOJ said it had 87 potential government witnesses (they also asked to file that list under seal months ago, Cannon said no.)
Now Smith's team says it will call 40 witnesses and wants the names of 25 witnesses redacted.
Defense also wants Mar-a-Lago application and search warrant fully redacted.
Also some thornier and as Judge Cannon and Smith's team acknowledged "complicated" 1A considerations in releasing discovery materials. There is a protective order in place as well (common practice) but Smith's team sort of apologized at the beginning for over-relying on the protective order to keep filings under seal. "We could have done a better job. We are owning that," Harbach said.
declassified.live/p/showdown-in-…
Recall that Jack Smith used the "witness intimidation" claim to seek a gag order preventing Trump from making public statements about "prospective witnesses" in the DC J6 case. Chutkan agreed but the DC appellate court tweaked that part of her gag order to only prevent Trump from making derogatory public comments about potential witnesses about the case.
My guess is Cannon agrees to redact a good chunk of the motion to compel and limits release of witness names/statements to government officials, past or present. Then we will really see Jack Smith's head explode bc that is EXACTLY what he wants to conceal.
declassified.live/p/disturbing-c…
My guess is Cannon agrees to redact a good chunk of the motion to compel and limits release of witness names/statements to government officials, past or present. Then we will really see Jack Smith's head explode bc that is EXACTLY what he wants to conceal.
declassified.live/p/disturbing-c…
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