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Cannon’s Disapproval: Special Counsel’s Handling of Secrecy in Trump’s Mar-a-Lago Case

Kari DonovanbyKari Donovan
May 20, 2024
in Administrative State
Reading Time: 2 mins read
Home Government Administrative State

Monday’s news from New York revealed that Florida Judge Aileen Cannon expressed disappointment in Special Counsel Jack Smith’s handling of excessive secrecy in the case against former President Donald Trump regarding mishandling America’s secrets at Mar-a-Lago.

In a filing posted Sunday in the Southern District of Florida’s West Palm Beach Division, Judge Cannon, appointed by Trump in 2020, criticized Smith’s request to keep information from the public, citing concerns for grand jury secrecy and witness safety. She argued that Smith had previously disregarded similar concerns and expressed disappointment in his actions.

The five-page filing detailed Cannon’s decision to “grant in part and deny in part” Smith’s motions related to sealing and redacting defense filings in the trial. She emphasized that Smith could have defended the integrity of his office while also addressing witness safety concerns, which she had diligently tried to accommodate in previous orders.

Cannon expressed concern over Smith’s treatment of certain sealed materials in the case, highlighting a growing tension between them. She questioned Smith’s shifting stances on secrecy and inconsistency in handling evidence, which could pose challenges for the case and provide Trump with opportunities to challenge based on constitutional grounds.

Cannon stressed the need for consistent application of sealing and redaction rules and warned against actions that undermine prior representations. She also considered the public’s First Amendment right to a public trial in scrutinizing Smith’s demands for secrecy. Cannon’s disapproval and concerns complicate the confusing legal battle surrounding the Mar-a-Lago case.

Cannon postponed Trump’s trial indefinitely due to unresolved matters in the indictment against him and his co-defendants. However, she set an aggressive hearing schedule over the next few weeks, challenging the Department of Justice and putting Special Counsel Jack Smith somewhat on trial.

Defense motions accused the DOJ of selective prosecution and claimed collusion involving Joe Biden’s White House. The contentious relationship between Cannon and the DOJ stemmed from her appointment of a special master to vet evidence seized from Mar-a-Lago. Recent disclosures revealed evidence of mishandling and possible misrepresentation by Smith’s lead prosecutor to the court.

Cannon’s upcoming hearings will scrutinize these issues, potentially putting Smith and the DOJ in a difficult position, especially as other trials against Trump face setbacks. Allegations of political motives behind the case, with involvement from the Biden administration, National Archives, and DOJ officials, raise significant challenges for the prosecution.

Despite calls for her recusal, Cannon appears determined to assert her authority against the DOJ, setting the stage for intense legal battles and further revelations in the coming weeks.

For more details, check out Julie Kelly’s reporting, Declassified:

Today was supposed to be the 1st day of Trump’s trial in Florida for the “classified documents” case.

Instead, this week represents the start of Judge Aileen Cannon’s stealth trial of DOJ/Special Counsel Jack Smith. https://t.co/8LAZGrk1cc

— Julie Kelly 🇺🇸 (@julie_kelly2) May 20, 2024

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