The federal judge presiding over Donald Trump's classified documents case ruled against the government on Monday, denying a request from federal prosecutors to file a list of potential witnesses against Trump under seal.
"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; it 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," Judge Aileen Cannon, a Trump-appointee, wrote.
Judge Cannon rejected the request made by special counsel Jack Smith to keep a list of 84 potential witnesses confidential. Last week, Smith's office submitted a motion to delay the trial and schedule a pretrial hearing about concerns related to the Classified Information Procedures Act (CIPA).
Under CIPA, the defense must disclose classified information they plan to use at trial beforehand. This allows the court to determine if any restrictions are necessary.
Judge Cannon also noted that a coalition of news organizations, including The New York Times, CNN, and The Washington Post, filed a motion on Monday opposing the government's request to keep the witness list under seal, citing the First Amendment.
"This case — the first prosecution of a former President of the United States — is one of the most consequential criminal cases in the Nation's history," they wrote in their filing. "The American public's interest in this matter, and need to monitor its progress every step of the way, cannot be overstated."
"The filing of the list of potential witnesses in this case is a highly significant initial step in this extraordinary prosecution. 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."
Trump has been accused of mishandling classified documents and trying to withhold them from the government. He was indicted on 37 federal counts.
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