The federal judge presiding over Donald Trump’s classified documents case has ruled against special counsel Jack Smith again following a U.S. court of appeals ruling in Washington, D.C., determining that the former president is not completely immune from criminal prosecution.
In her ruling, U.S. District Judge Aileen Cannon, whom Trump appointed, ruled in favor of his legal team to reveal specific discovery materials that Smith desired to conceal, emphasizing the “robust presumption of public access in criminal proceedings.”
“Following an independent review of the motion and the full record, the Court determines, with limited exceptions as detailed below, that the Special Counsel has not set forth a sufficient factual or legal basis warranting deviation from the strong presumption in favor of public access to the records at issue,” wrote Cannon in her decision.
Smith argued against revealing the identity or personal identifying information of potential witnesses over concerns about witness safety and intimidation.
“Although substantiated witness safety and intimidation concerns can form a valid basis for overriding the strong presumption in favor of public access, the Special Counsel’s sparse and undifferentiated response fails to provide the Court with the necessary factual basis to justify sealing,” Cannon wrote.
“Notwithstanding the conventional filing procedure outlined in Local Rule 5.4(c), there shall be no filing under seal of any unclassified material in this case unless the party seeking to make a filing under full or partial seal first has sought and obtained permission from the Court through a motion for leave to file under seal,” the ruling continued.
“The motion for leave shall be filed publicly except in clear and supported cases of risk to personal safety or national security,” she added.
HOLD THE CHAMPAGNE JACK SMITH:
Judge Cannon, as expected, just threw cold water on DOJ’s win in DC appellate court today.
She grants in part Trump’s request to unseal some discovery that Jack Smith wants to keep under wraps: pic.twitter.com/ROiUc8Hm5a
— Julie Kelly 🇺🇸 (@julie_kelly2) February 7, 2024
This relates to Trump’s request to unredact some information the defense obtained thru discovery productions and FOIA responses. Jack Smith basically opposed unsealing anything.
THIS SHOULD BE INTERESTING: pic.twitter.com/Oz0gIsP27f
— Julie Kelly 🇺🇸 (@julie_kelly2) February 7, 2024
