Former U.S. President Donald Trump, a Republican presidential candidate, made an appearance at the Faith and Freedom Road to Majority conference at the Washington Hilton on June 24, 2023, in Washington, DC.
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A federal judge on Monday denied prosecutors’ request to submit a sealed list of 84 witnesses whom former President Donald Trump is prohibited from contacting regarding the facts of his criminal classified documents case.
Judge Aileen Cannon, appointed by Trump, issued a follow-up order granting the government’s request for a pretrial hearing to discuss procedures for handling classified information in the case and appointing a “Classified Information Security Officer.” The hearing, which defendants are not required to attend, is scheduled for July 14 at 10 a.m. ET.
These orders from Judge Cannon, issued in U.S. District Court in West Palm Beach, Florida, came three days after special counsel Jack Smith moved to file the witness list under seal with the court.
Trump, the first former president to face federal charges, entered a plea of not guilty to 37 counts, including willful retention of national defense information and conspiracy to obstruct justice, earlier this month. His co-defendant and aide, Walt Nauta, also pleaded not guilty to six charges at the arraignment hearing.
As a condition of their release, a magistrate judge prohibited Trump and Nauta from discussing the case’s facts with certain witnesses, except through their attorneys.
Special counsel Smith requested that the witness list be filed under seal to comply with the magistrate judge’s release condition. According to a footnote in Smith’s court filing, the list allegedly contains 84 names.
Smith noted that the Department of Justice has shared the list with Trump and Nauta’s lawyers, who reserved the right to object to the release condition but took no position on the DOJ’s motion to file the list under seal.
Despite this, Judge Cannon denied the government’s request to implement the condition.
“The Government’s Motion does not provide a sufficient explanation for why filing the list with the Court is necessary,” stated Cannon in her order.
“It fails to offer a specific justification for sealing the list from public view, it does not explain why other methods, such as partial sealing or redaction, are inadequate, and it does not outline the intended duration of any proposed seal,” added the judge.
The DOJ’s motion was denied without prejudice, allowing the prosecutors to make another attempt.
Earlier on Monday, approximately thirty-six press outlets formed a coalition and sought to intervene in the case, urging the unsealing of the witness list. Attorneys for the coalition emphasized the importance of full transparency and the principles of an open judicial system, citing the First Amendment and common law. They also noted that the list potentially includes individuals close to Trump and his staff.
However, Judge Cannon deemed their motion moot and instructed the court clerk to return fees to the attorneys representing the news outlets.
It is common for news organizations to intervene in lawsuits to advocate for transparency and access to information. In a separate prominent criminal case, a press coalition successfully pushed for the public release of the identities of the individuals who guaranteed a $500,000 bond for Representative George Santos, a Republican from New York. The bond guarantors, whose names had been concealed, were revealed to be Santos’ father and aunt last Thursday.
Smith has requested the court to postpone Trump’s trial to mid-December, arguing that additional time is necessary for the defense lawyers to obtain security clearances and review evidence. Although initially scheduled to begin in mid-August, legal experts anticipate that the trial will commence at a later date.
Despite facing criminal charges in two separate cases while on the campaign trail, Trump is currently the frontrunner for the 2024 Republican presidential nomination.
An NBC News poll published on Sunday revealed that Trump’s lead among Republican primary voters has increased since his most recent indictment. He remains committed to participating in the race, even if convicted.
Disclosure: NBCUniversal, the parent company of CNBC and NBC News.
Correction: In a previous version, the amount misstated that a press coalition successfully pushed for the public release of the identities of the individuals who guaranteed a $500,000 bond for Representative George Santos.
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