The judge in Donald Trump's classified documents case made a "clear error" that could expose many witnesses to threats from Trump supporters, special prosecutor Jack Smith has written in a court filing.
He was reacting to Judge Aileen Cannon's decision to release unredacted discovery documents in the case at the request of Trump and media groups.
"That discovery material, if publicly docketed in unredacted form as the Court has ordered, would disclose the identities of numerous potential witnesses, along with the substance of the statements they made to the FBI or the grand jury, exposing them to significant and immediate risks of threats, intimidation, and harassment, as has already happened to witnesses, law enforcement agents, judicial officers, and Department of Justice employees whose identities have been disclosed in cases in which defendant Trump is involved," Smith wrote in a filing to Cannon.
There have been significant threats to court officials in both Trump's election inference cases in Washington and Atlanta, and in his civil fraud trial in New York, all of which were discussed in open court in those cases.
Smith filed a written request to Judge Cannon on February 8, asking her to reconsider her position.
Donald Trump dances before speaking at his caucus night watch party at the Treasure Island Hotel & Casino on February 08, 2024 in Las Vegas, Nevada. Trump is seeking the public release of documents in... Donald Trump dances before speaking at his caucus night watch party at the Treasure Island Hotel & Casino on February 08, 2024 in Las Vegas, Nevada. Trump is seeking the public release of documents in his classified documents trial in Florida. More Mario Tama/Getty Images
He said her decision to release the documents to the public was wrong and that Cannon wrongly stated that the government must show a compelling interest in keeping documents private.
Smith wrote that this standard does not apply to discovery documents.
"The Eleventh Circuit has held that the compelling-interest standard applied by the Court does not apply to "documents filed in connection with motions to compel discovery," which instead may be sealed or redacted simply upon a showing of "good cause," he wrote, citing the 2020 case of United States v. Nickens.
"Because the Court applied the wrong legal standard... reconsideration is warranted to "correct clear error" he wrote, citing the 2021 case of United States v. Grobman.
The documents include the names of certain potential witnesses, the uncharged conduct of certain individuals, and the FBI codename for a separate investigation. The Department of Justice's criminal case against Trump concerns his alleged mishandling of classified documents at his Mar-a-Lago estate after the end of his presidency. Trump is currently awaiting trial on charges that he was illegally hoarding the documents after he left the White House.
Smith has strongly opposed the unsealing of certain information in the documents.
Newsweek sought email comment from Trump's attorney on Friday. Trump remains the frontrunner to take the Republican nomination for the 2024 presidential election.
He is facing 40 federal charges over allegations he retained classified papers after leaving the White House in January 2021 and then obstructed efforts by the relevant authorities to have them returned.
In August 2022, Trump's Mar-a-Lago private members club was raided by federal agents who recovered several classified papers. Trump has pleaded not guilty to all charges and strongly denies any wrongdoing.
Smith has strongly opposed this latest request by Trump's team on the grounds it could impede ongoing investigations.
On Tuesday, Cannon ruled in favor of Trump, stating the filing from the special counsel "fails to identify the information at issue, provide any explanation about the nature of the investigation, or explain how disclosure of the code name would prejudice or jeopardize the integrity of the separate investigation (assuming it remains ongoing)."
Cannon, a Republican, was appointed to the U.S. District Court for the Southern District of Florida by Trump and assumed office in November 2020. She had already sparked anger, and talk of removal, by delaying the case's pre-trial schedule in a move that could significantly slow down the case.