Jack Smith Demands Classified Docs Judge 'Correct Clear Error' and Protect Witnesses From Threats Made by Trump's Supporters: Filing
Jack Smith recently demanded that Judge Aileen Cannon “correct clear error” and reverse a series of rulings that could expose witnesses to threats from ex-President Donald Trump’s supporters.
Feb. 9 2024, Published 10:45 a.m. ET
Special Counsel Jack Smith recently demanded that Judge Aileen Cannon “correct clear error” and reverse a series of rulings that could expose witnesses to threats from ex-President Donald Trump’s supporters, RadarOnline.com can report.
The latest development comes after Smith filed another motion earlier this week to set the record straight regarding the classified documents investigation and federal indictment against ex-President Trump.
Smith slammed two proposed jury instruction scenarios from Judge Cannon as 'pure fiction.'
According to Smith’s 22-page motion filed on Thursday, Judge Cannon – who was appointed by Trump – committed “clear error” by allowing the identities of several witnesses in the federal classified documents case to be exposed.
“Because the Court applied the wrong legal standard – which, as explained below, the Government did not discuss in its prior filing – reconsideration is warranted to correct clear error,” Smith wrote.
“Second, in addition to ensuring that the correct legal standard is applied, reconsideration is warranted to prevent manifest injustice,” Smith continued.
The special counsel prosecuting ex-President Trump noted that “more than two dozen people” participated in the classified documents probe and that several witnesses could suffer “threats, intimidation, and harassment” if their identities are exposed once the proceedings go to trial.
Judge Cannon ruled that witnesses' identities could be exposed in the classified docs case against Trump.
“The Court’s Orders require the public identification of more than two dozen people who participated in the investigation,” Smith wrote in Thursday’s motion. “Some may never testify at trial and therefore would otherwise be able to retain their anonymity and privacy absent the Court’s Orders.”
“Others are expected to provide important trial testimony and will likely be subject to threats, intimidation, and harassment if their identities are revealed – a likelihood that is concrete and palpable in this case, as the record reveals and other judges have recognized,” he added.
Smith went on to name “Trump world” as a potential source of “threats, intimidation, and harassment” against witnesses should their identities be publicly revealed.
“Revelation of these witnesses’ identities, or the substance of their interviews with the FBI, dangerously risks exposing them to the same type of harassment and intimidation described above and experienced by the witness in the sealed ex parte exhibit,” the special counsel explained.
"Reconsideration is warranted to correct clear error,” Smith wrote.
“Indeed, the witness whose statement appears in Exhibit D declined to have his interview recorded, citing the associated risks to him in ‘Trump world’ of doing so,” Smith noted.
Smith then demanded that Judge Cannon “correct clear error” and “reconsider” her order that could expose the witnesses.
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He also demanded that Judge Cannon stay an order that would keep the witnesses’ identities redacted during the criminal proceedings against Trump.
“The Government therefore respectfully requests that the Court reconsider its recent Orders and permit the sealing or redaction of exhibits that identify any prospective Government witness, constitute Jencks Act material for the same, or contain certain sensitive information described below,” Smith wrote.
A Trump rally was brought to an abrupt halt due to protesters.
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“The Government further requests that the Court stay the Orders directing the parties to file newly redacted submissions on or before February 9, 2024, pending the resolution of this motion to reconsider.”
As RadarOnline.com previously reported, Smith’s 22-page motion filed on Thursday came just days after Smith filed another motion to set the record straight regarding the classified documents investigation and federal indictment against the 45th president.
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