Federal prosecutors overseeing the case against former President Donald J. Trump for retaining classified documents have filed court papers that indicate the evidence they plan to present to the defense contains information about ongoing investigations. These investigations may involve uncharged individuals, although no details were provided about the nature of these inquiries or the identities of those involved. This is the first explicit mention that other criminal cases could arise from the special counsel’s work in bringing charges against Mr. Trump.
The special counsel, Jack Smith, is also overseeing the investigation into Mr. Trump’s attempts to overturn the 2020 election and the subsequent attack on the Capitol by his supporters on January 6, 2021. Witnesses close to Mr. Trump have been questioned in connection with both the classified documents and election interference inquiries.
The government’s motion for a protective order, which Mr. Trump’s lawyers did not oppose, stated that prosecutors were prepared to share a wealth of nonclassified evidence they had gathered during the documents investigation. This includes information about investigative techniques, potential witnesses, as well as grand jury transcripts, exhibits, and recordings of witness interviews. The motion sought to limit access to the evidence to Mr. Trump’s legal team, interviewed witnesses and their lawyers, and any other individuals specifically authorized by the court.
At some point, Mr. Smith’s team will need to establish a process for sharing the 31 highly sensitive documents central to the prosecution with Mr. Trump’s lawyers. These documents involve matters related to nuclear and military capabilities. Judge Aileen M. Cannon, a Trump appointee presiding over the case, advised the lawyers to begin the process of obtaining security clearances to review the classified documents.
On Friday, Mr. Trump’s lawyers notified Judge Cannon that they had expedited the process of obtaining security clearances from the Justice Department, which typically takes approximately a month.
Following the government’s request for a protective order, Judge Cannon asked federal magistrate judge Bruce E. Reinhart, who is assisting her with the case, to address whether it should be imposed. It is customary in the Southern District of Florida for magistrate judges to handle pretrial motions. Judge Reinhart previously issued a warrant for the FBI to search Mar-a-Lago, suggesting his belief in the existence of probable cause to find evidence of a crime at the compound.
Moving forward, it could be a significant development if Judge Reinhart handles the more substantial legal motions filed by Mr. Trump’s lawyers, considering Judge Cannon faced criticism for issuing rulings that favored Mr. Trump earlier in the investigation.
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