Siding with special counsel, Cannon agrees to keep witness identities secret

Source: Politico | April 9, 2024 | Josh Gerstein and Kyle Cheney

Despite sharp words for prosecutors, the Trump-appointed judge in the classified documents case said they presented evidence to justify the sealing.

The judge handling the classified documents case against Donald Trump has granted prosecutors’ request to delete the names of potential witnesses from public court filings, but turned down a more sweeping request that even their statements be kept under wraps.

Special counsel Jack Smith argued that the witnesses were likely to face threats and harassment if their identities were revealed, and that even making their accounts public could lead to their public identification.

U.S. District Court Judge Aileen Cannon accepted the general thrust of the prosecutors’ argument, but her 24-page opinion is replete with criticism of Smith’s team for being slow to present their concerns in detail, for failing to comply with court policies and procedures and for not providing adequate justification for the the broad sealing of court records.

It’s the latest decision in which Cannon has sided with prosecutors in an opinion that is primarily critical of their tactics. And despite the result it’s yet another indication of tension between the Trump-appointed judge and Smith’s team, even as the decision will resolve a significant source of that tension: Cannon’s earlier ruling that appeared to permit defendants to reveal identifying information about potential trial witnesses.

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