The federal judge overseeing the Biden administration’s case against former President Donald Trump has approved special counsel Jack Smith’s request to keep witnesses hidden from the defense.
U.S. District Judge Aileen Cannon made the decision this week after Smith filed a request to redact witness names in the classified documents case against Trump.
The ruling follows intense discussions about the confidentiality of information in court documents. Cannon supported Smith’s concerns about endangering witness safety by revealing their identities and details.
Despite acknowledging the significant redaction request, she emphasized the need to protect witness information temporarily, as reported by the Daily Caller.
“The Court is satisfied that the Special Counsel has made an adequate showing on this issue under Rule 16, at least at this juncture pending final trial preparations,” according to the court filing. “The Court directs the Special Counsel … to file under seal an index containing the name of each potential government witness and a corresponding pseudonym/anonymization for use in the redactions of Defendants’ MTC.”
This decision allows for the public release of more case documents while safeguarding the anonymity of witnesses through the use of pseudonyms. Witness statements will be made available, with any identifying information redacted.
“The Special Counsel shall file under seal an index identifying each potential government witness identified in any of the discovery materials attached/referenced in the MTC, giving each a corresponding pseudonym/anonymization (e.g., “John Smith” – NARA Employee 1),” said the ruling.
Cannon observed that the special counsel’s office had not initially provided all arguments in favor of witness anonymity, prompting a reassessment of a previous decision to increase transparency.
“Although the record is clear that the Special Counsel could have, and should have, raised its current arguments previously, the Court elects, upon a full review of those newly raised arguments, to reconsider its prior Order,” she stated.
Smith expressed apprehensions about making the identities of witnesses public, highlighting concerns about possible harassment. CNN noted that the witness list might feature employees from Trump’s Mar-a-Lago property. Trump’s legal team supported disclosing potential witnesses, a common practice in criminal proceedings.
Nevertheless, the court decided against it due to worries about witness safety, as mentioned earlier. Trump and his co-defendants maintain their innocence against obstruction charges.
The ex-president also denies accusations related to mishandling classified information.
The case continues under Cannon’s supervision.
Earlier this week, Smith’s team lodged an appeal, insisting that Cannon should determine jury instructions regarding the President Records Act (PRA).
Trump has asserted that the PRA allows him to declassify any documents found at Mar-a-Lago, including those containing national security secrets.
Smith contends that Judge Cannon’s call for conflicting jury instructions is based on a “fundamentally flawed legal premise.”
Additionally, Smith argued that if Judge Cannon agrees with the former president that the PRA does not differentiate between official records and private property, he could appeal and request an immediate review. He further stated that such instructions would “pervert the trial” if it proceeds to court.
“The PRA’s distinction between personal and presidential records has no bearing on whether a former President’s possession of documents containing national defense information is authorized under the Espionage Act, and the PRA should play no role in the jury instructions,” Smith said in the filing. “Indeed, based on the current record, the PRA should not play any role at trial at all.”
“Furthermore, Trump’s entire effort to rely on the PRA is not based on any facts,” Smith continued. “Instead he has attempted to fashion out of whole cloth a legal presumption that would operate untethered to any facts — without regard to his actual decisions, his actual intent, the unambiguous definition of what continues personal records under the PRA, or the plainly non-personal content of the highly classified documents he retained.”
ICYMI: Judge Cannon Threatened With Removal From Trump Case For Delays
boing, boing, boing, again.
What the Fu** happened to The Accused MAY face his Accusers??
Now Jack Off Smith can coach the so called Witnesses on lies against President Trump without any repercussions.!!
How much did the Communist Son Of A Bitches pay you off Traitor Judge Cannon.??
With your decision, those Fuc**ng Communist Anti-American Hate Filled Fuc*’s can lie, cheat, and do just about anything they want to anyone for their money.
Fuc* You Bitch.!!!!
I agree with Michael Smith, you HAVE THE RIGHT to face your accuser. WHO ARE THESE SO CALLED “WITNESSES”?
ps: more voters for Trump.
You have it right Michael and it makes you wonder why this crap is allowed. They will be identified and appropriately taken care of.
Exactly! F U B!
The F#@kin Marxists now can invent more secret witnesses if they need them!
This judge was threatened and is afraid to do the right thing IMO.
She must have found a bloodly horsehead in her bed!
How the hell can he get a fair trial? NOT under these circumstances. Another part of the Left’s “witch hunt” for Trump. Sad they will give up the legal system and it’s foundation for self gain and power. Goodbye “Land of the Free” America!
2nd amendment time!
Courts are set up so that the accused can face the accusers. This should ALWAYS happen. Siding with Smith over Trump is wrong as the statements by the accusers cannot be validated. The accusers need to be in court for cross examination. Otherwise the process is unfair and one-sided
The “process” has been unfair and one-sided from the get-go. This is Demmunist LAWFARE at its MOST egregious! If they get away with their lawfare assault on President Trump, it is only a matter of time until they are engaging in Soviet-style attacks and “show trials” against ANYBODY who dares disagree with them–not just their political opponents! How long before they start, as Beria put it in the Soviet Union, “Give me the man, and I’ll find the crime.”
Has Mr. Smith been officially nominated and approved as a Special Council? Other than AG Garland saying that he was appointed, was he officially approved? The media, as usual, is covering the backside of the Administration in regard to appointments and placements. The American people would like to be officially told and shown the documents so.
Hard to impeach a witness/catch ’em committing perjury/etc. when ya don’t know who they are ! Guess they’ll speak behind a curtain – like the Wizard of Oz ?
That’s the whole idea George, and for that Traitorous Judge to side with Jack Off Smith proves she was a Rino from the git go.
President Trump elects them in high positions and they stab him in the back every time.
We need vigilantes and Snipers to take care of the Communist Judges, DA,s and criminal prosecuting Lawyers Period.!!
100%.
What happened to confront your accuser.
How come Smith has not been taken out and shot yet?
Somewhere Stalin is smiling!