Judge in Trump case denies prosecution motion to keep witness list sealed

By 
 June 27, 2023

Special Counsel Jack Smith was dealt a blow this week after the judge overseeing former President Donald Trump's case turned down his request to keep a list of potential witnesses secret. 

According to The Hill, United States District Court Judge Aileen Cannon issued an order in which she complained that the prosecution had failed to justify what it asked for.

News outlets oppose keeping witness list secret

"The government’s motion does not explain why filing the list with the court is necessary; it does not offer a particularized basis to justify sealing the list from public view," Cannon wrote.

Cannon went on to add that the motion "does not explain why partial sealing, redaction, or means other than sealing are unavailable or unsatisfactory; and it does not specify the duration of any proposed seal."

What's more, the judge also pointed to a motion that had been filed by a collection of news outlets in opposition to Smith's request.

Put forward by The New York Times, CNN, The Washington Post, and other media companies, it argued that keeping the witness list secret would be a disservice to the public.

Smith seeks to have trial start date pushed back

"The filing of the list of potential witnesses in this case is a highly significant initial step in this extraordinary prosecution," the motion read.

"It will mark the first time that the Court has instructed the Government to inform Trump of the identities of persons who may offer testimony that prosecutors believe will incriminate him," the motion went on to point out.

Along with seeking to have its list of witnesses sealed, The Hill reported that Smith also moved last week to push the start of Trump's trial to December 11 rather than its current start date of August 14.

The special counsel cited a need for Trump's attorneys to obtain security clearances so they can receive and review classified evidence.

Changing trial date may interfere with Trump's ability to campaign

The New York Times cited an unnamed source as saying that one of Trump's lawyers, Todd Blanche, previously held a security clearance while working as a federal prosecutor.

Newsweek pointed out in an article published this past Saturday that a delay in Trump's trial may prevent him from effectively campaigning in the Republican presidential primary.

If Smith's motion is accepted then it would mean that the former president will be going to trial just two months before voters in Iowa, New Hampshire, Nevada, and South Carolina cast their ballots.

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