Republican presidential candidate Donald Trump speaks at the “Road to the Majority of Faith and Freedom” conference at the Washington Hilton on June 24, 2023 in Washington, DC.
Drew Angerer | Getty Images
A federal judge on Monday denied a prosecutor’s request for a sealed list of 84 witnesses who are barred from speaking about the facts of former President Donald Trump’s classified criminal documents case.
Trump-appointed Judge Eileen Cannon, in an additional order, said the government would hold pretrial hearings to discuss how classified information would be treated in the case and would appoint a “classified information security officer.” granted the request. Defendants are not required to attend the hearing, which is scheduled for July 14 at 10:00 a.m. Eastern time.
The judge’s order in federal district court in West Palm Beach, Fla., came three days after Special Counsel Jack Smith moved to seal the witness list before the court.
Trump, the first former president to face federal charges, this month pleaded not guilty to 37 counts, including willful retention of defense information and conspiracy to obstruct justice. His aide and co-defendant Walt Nauta pleaded not guilty to six charges at the same arraignment hearing.
As a condition of their release, the magistrate barred Trump and Nauta from speaking to certain witnesses about the facts of the case unless they had an attorney.
Smith, who led an investigation into President Trump’s mishandling of classified documents, asked the court on Friday to produce a sealed witness list “to enforce” the judge’s terms of release. A footnote in Smith’s court filings suggests there are 84 names on the list.
The special counsel said the Department of Justice shared the list with attorneys for Trump and Nauta, and although they reserve the right to object to the terms of their release, the Justice Department’s motion to seal and turn in the list has been filed. He said he took no position on the matter.
Nevertheless, Mr. Cannon refused the government’s request to honor this condition.
“The government’s motion does not explain why the list should be submitted to the court,” Cannon wrote in the order.
“No specific justification for the sealing of the list from public view is provided, nor is there an explanation as to why partial sealing, redaction, or means other than sealing are unavailable or inadequate. No, nor is the duration of the proposed seal specified,” the judge wrote.
The Justice Department’s motion was dismissed without prejudice, allowing prosecutors to retry the case.
Earlier Monday, a coalition of about 30 news outlets called for intervention in the case to demand the witness list be unsealed. “Complete transparency is essential at every stage of this historic case,” coalition lawyers wrote.
They pointed to the principles of the First Amendment, common law, and an open judicial system in their appeal for witness summons. Trump’s lawyers suggested the list also included longtime acquaintances and staff of the former president, according to the news agency.
“The interest of the American public in this issue is high, and progress must be monitored at every stage,” they argued.
Canon’s order dismissed their allegations as invalid. She instructed court clerks to reimburse attorneys’ fees for appearing in cases on behalf of the media.
It is not uncommon for the media to intervene in litigation seeking greater transparency and information. In another high-profile pending criminal case, a coalition of news outlets released the identity of the person who guaranteed a $500,000 bond to beleaguered Rep. George Santos, RN.Y. succeeded in asking for The unnamed bail aides were revealed Thursday to be Santos’ father and aunt.
Mr Smith asked the court to postpone Mr Trump’s trial date to mid-December, saying he needed more time to get his lawyers to get a clearance to review the evidence. The trial was originally scheduled to begin in mid-August, but legal experts expect it to start later.
Trump is now the frontrunner for the 2024 Republican presidential nomination, despite being charged with criminal charges in two separate cases during his campaign.
Ann NBC News poll Trump’s lead among Republican primary voters has widened since his latest indictment, according to a report released on Sunday.he vowed to stay in the race even so convicted.
Disclosure: NBCUniversal is the parent company of CNBC and NBC News.
Correction: The Press Coalition successfully sought the identities of those who pledged $500,000 bail to Rep. George Santos. Earlier versions listed the amounts incorrectly.