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Federal Judge Agrees to Keep Names of Potential Witnesses in Trump Case Secret

Published: 10 April 2024 at 03:09

Politics

A federal judge has ruled to keep potential witnesses' names secret in the classified documents case against Donald Trump to protect them from potential risks. Special counsel Jack Smith's office argued successfully for redactions, ensuring witness details remain confidential at this juncture. The judge's decision allows more case records to be made public, with witnesses referred to by pseudonyms. While witness statements may be included in public filings, revealing names is prohibited to prevent harassment. The potential witnesses include low-level workers from Trump's Mar-a-Lago estate in Florida.

DEEP DIVE


Federal prosecutors criticize judge over Trump's classified documents case in Florida


Federal prosecutors are expressing concerns about the judge presiding over former President Donald Trump's classified documents case in Florida, warning against potential jury instructions based on a flawed legal premise involving the Presidential Records Act. The judge's consideration of Trump's argument that he was entitled to retain sensitive documents under this act has raised alarms, with prosecutors emphasizing that the law does not apply to highly classified materials like those allegedly stored at Mar-a-Lago. Special counsel Jack Smith's team has indicated readiness to appeal if the judge allows Trump to invoke the PRA in his defense.

FBI search of Mar-a-Lago (Wikipedia)


On August 8, 2022, the Federal Bureau of Investigation (FBI) executed a search warrant at Mar-a-Lago, the residence of former U.S. president Donald Trump in Palm Beach, Florida.The search warrant application was authorized by U.S. Attorney General Merrick Garland and approved by Magistrate Judge Bruce Reinhart, following a criminal referral by the National Archives and Records Administration (NARA). The order, unsealed a few days after the search, showed that the FBI obtained the search warrant as part of an investigation into Trump relating to three federal criminal statutes:violations of the Espionage Act regarding unauthorized retention of national defense information;destroying or concealing records "with the intent to impede obstruct or influence" federal government activity;illegal removal or destruction of federal government records (without respect to cause).Later, courts released the affidavit with redactions, giving the public a window into the FBI's goals in this search and what the FBI seized. In 2021, NARA tried to recover material, and Trump went through the material in his possession at the end of that year. Surveillance footage subpoenaed by the Justice Department in June 2022 showed boxes were moved in and out of a storage room at some point. The Justice Department said the classified documents at Mar-a-Lago were likely "concealed and removed" to block investigation.Over 13,000 government documents were recovered. They included nuclear-related information and FBI, CIA, and NSA information about national security interests. Of these documents, 337 were classified: 197 handed over in January 2022, 38 turned over under subpoena in June 2022, and 102 seized in the August search of Mar-a-Lago. Months later, at least two more documents with classified markings were uncovered at Trump locations.On June 8, 2023, Trump was indicted on federal charges related to the documents. On June 13, 2023, Trump surrendered to federal custody and was arrested, booked, processed, and arraigned in the U.S. District Court of South Florida. Trump pleaded not guilty to all 37 charges. On July 27, a new version of the indictment (superseding the old) added three counts against Trump.

Analysis | Why Trump’s ‘hush money’ case is bigger than hush money


The fact that Donald Trump has been indicted four times means we all must use shorthand to differentiate between the cases. So one case is the classified documents case. Weve got the twin federal and Georgia election subversion or Jan. 6 cases. And then theres the first case charged: the Manhattan hush money case , which will also be the first to go to trial, next week, unless Trump succeeds in delaying it.

Former President Trump argues for immunity from prosecution for election subversion charges


Former President Trump filed a brief with the Supreme Court arguing that future presidents could be vulnerable to blackmail and extortion if the justices did not agree to his view of immunity against special counsel Jack Smith's election subversion charges. The brief highlights the potential consequences for all future presidents facing criminal prosecution for politically controversial decisions. Trump's arguments for immunity come ahead of the Supreme Court's scheduled arguments on April 25 to decide on his immunity from prosecution for overturning the 2020 election results.

Personal and business legal affairs of Donald Trump (Wikipedia)


From the 1970s until he was elected president in 2016, Donald Trump and his businesses were involved in over 4,000 legal cases in U.S. federal and state courts, including battles with casino patrons, million-dollar real estate lawsuits, personal defamation lawsuits, and over 100 business tax disputes. He has also been accused of sexual harassment and sexual assault, with one accusation resulting in Trump being held civilly liable.In 2015, his lawyer Alan Garten called this "a natural part of doing business" in the United States. While litigation is indeed common in the real estate industry, Trump has been involved in more legal cases than his fellow magnates Edward J. DeBartolo Jr., Donald Bren, Stephen M. Ross, Sam Zell, and Larry Silverstein combined.Numerous legal affairs persisted during Trump's presidency. Since he left office, multiple investigations focus on him:Between October 2021 and July 2022 alone, the Republican National Committee paid more than $2 million to attorneys representing Trump in his capacity as president and in his personal and business capacities. The New York Times published an overview of his legal involvements as of September 2022. In January 2023, a federal judge fined Trump and his attorney nearly $1 million, characterizing him as "a prolific and sophisticated litigant who is repeatedly using the courts to seek revenge on political adversaries."On December 6, 2022, Trump's company The Trump Organization was convicted on 17 criminal charges.On March 30, 2023, in People v. Trump, he was indicted on 34 felony counts by a grand jury in Manhattan, New York. He was arraigned on the charges on April 4, 2023, and pleaded not guilty to all counts.On March 25, 2024, Trump is scheduled to stand trial on state criminal charges of falsifying business records related to hush money payments to an adult film actress prior to his election to the presidency.On May 9, 2023, regarding E. Jean Carroll's claims of defamation and sexual assault, an anonymous jury found Trump liable for sexual abuse (but not rape) and defamation against Carroll and ordered Trump to pay her $5 million in damages.In June 2023, Trump was indicted on federal criminal charges relating to his handling of classified documents and was arraigned in the U.S. District Court for the Southern District of Florida in Miami. On May 14, 2024, there will be a pretrial hearing.On August 14, 2023, he was criminally indicted by a grand jury in Georgia on state election-related charges. Fulton County, Georgia, district attorney Fani Willis investigated his efforts to overturn that state's 2020 presidential election results.On September 26, 2023, in New York v. Trump, a judge issued a summary judgment finding Trump and his two adult sons liable for fraud regarding fraudulent overvaluation of The Trump Organization's assets and Trump's net worth. On February 16, 2024, following a three-month trial, Trump, The Trump Organization, his sons, and the former chief financial officer were fined a total of $364 million. A week later, the court finalized that Trump must also pay $100 million in interest. Trump appealed.On January 12, 2024, a case regarding an alleged pyramid scheme was dismissed from federal court, with plaintiffs recommended to file cases in state courts.On January 26, 2024, he was ordered to pay E. Jean Carroll an additional $83.3 million in damages.In 2024, he will face trial on federal charges related to the 2020 election.

Special counsel urges Supreme Court to reject Trump's claims of immunity


Special counsel Jack Smith urged the Supreme Court to deny Donald Trump sweeping immunity and the ability to delay a trial on charges of attempting to subvert the 2020 election. Smith argued that Trump's claims have no basis in the Constitution or American history, emphasizing that presidents are not above the law. The Supreme Court is set to hear arguments on April 25, with a decision expected by July. Trump and Smith have presented contrasting views on presidential immunity, with Smith asserting that accountability for alleged violations of federal law is a fundamental principle of the constitutional order.

FBI investigation into Donald Trump's handling of government documents (Wikipedia)


In 2022, the Federal Bureau of Investigation (FBI) began a criminal investigation into former President Donald Trump's handling of classified and national defense-related government documents, looking for possible violations of the Espionage Act and obstruction of justice.In November 2022, a special counsel investigation was launched to take over the FBI investigation, under the direction of Jack Smith, a special counsel appointed by United States Attorney General Merrick Garland.On June 8, 2023, Trump was indicted on charges related to the documents in the Federal District Court in Miami. It was the first time a former U.S. president had faced federal charges. Trump was arraigned at the federal courthouse in Miami on June 13, 2023, on 37 criminal charges, pleading not guilty to all charges.

Judge approves jury questionnaire for Donald Trump's hush money case in New York


State Judge Juan Merchan approved a 42-question jury questionnaire for the upcoming trial involving former President Donald Trump's hush money case in New York. The questionnaire does not inquire about party affiliation, political contributions, or voting history. Merchan emphasized that knowing prospective jurors' feelings towards Trump is irrelevant to jury selection, as the focus should be on their ability to remain impartial and base decisions on evidence and law. Trump's attorneys had argued for questions regarding political affiliations, but Merchan disagreed, stating such inquiries are not pertinent to jurors' qualifications.

Jack Smith (lawyer) (Wikipedia)


John Luman Smith (born June 5, 1969) is an American attorney who has served in the United States Department of Justice as an assistant U.S. attorney, acting U.S. attorney, and head of the department's Public Integrity Section. He was also the chief prosecutor at the Kosovo Specialist Chambers, an international tribunal at The Hague tasked with investigating and prosecuting war crimes in the Kosovo War.In November 2022, attorney general Merrick Garland appointed Smith an independent special counsel, responsible for overseeing two preexisting Justice Department criminal investigations into former president Donald Trump, three days after Trump announced his 2024 presidential campaign: one regarding Trump's role in the January 6 U.S. Capitol attack, and the other into alleged mishandling of government records, including classified documents. The documents case resulted in a 37-count indictment of Trump in June 2023 to which three counts were later added in July. In August, the January 6 case resulted in an indictment on four charges.

Aileen Cannon (Wikipedia)


Aileen Mercedes Cannon (born 1981) is a Colombian-born American lawyer who has served as a United States district judge of the United States District Court for the Southern District of Florida since 2020. Previously, Cannon worked for the corporate law firm Gibson Dunn from 2009 to 2012, and then as a federal prosecutor in the Southern District of Florida from 2013 to 2020. She was nominated by then President Donald Trump to become a district judge and was confirmed by the U.S. Senate in November 2020.From August to December 2022, Cannon presided over the case of Donald J. Trump v. United States of America. Cannon ordered the U.S. government to pause using materials seized from Mar-a-Lago, Trump's private club and residence, in its investigation and granted Trump's request for a special master to review the material. The U.S. Court of Appeals for the Eleventh Circuit reversed Cannon's order, finding that Cannon wrongly exercised jurisdiction over the case. Cannon then dismissed Trump's lawsuit per instructions from the Eleventh Circuit.Following an indictment in June 2023, Cannon has been overseeing a resulting federal criminal case against Trump. Some legal experts, citing her handling of the civil case against Trump, have been calling for her recusal from the case.

Donald Trump Jr. (Wikipedia)


Donald John Trump Jr. (born December 31, 1977) is an American businessman, former television presenter, political activist, and author. He is the eldest child of former U.S. President Donald Trump and his first wife Ivana Trump.Trump serves as a trustee and executive vice president of The Trump Organization, running the company alongside his younger brother Eric. During their father's presidency, the brothers continued to do deals and investments in foreign countries, as well as collect payments in their U.S. properties from foreign governments, despite a pledge that they would not do so. He served as a boardroom judge on the reality TV show featuring his father, The Apprentice. He authored Triggered in 2019 and Liberal Privilege in 2020.Trump was active in his father's 2016 presidential campaign. He cooperated with Russia in their interference in the 2016 United States elections and had a meeting with a Russian lawyer who promised damaging information about the campaign of Hillary Clinton in the 2016 presidential election. Trump campaigned for several Republicans during the 2018 midterm elections. He has promoted several conspiracy theories.Trump was also active in his father's 2020 presidential campaign, often being on the campaign trail and being featured in the news for making unfounded claims. During the election he called for "total war" as the results were counted and promoted the stolen election conspiracy theory. Following his father's defeat, he engaged in attempts to overturn the results. He spoke at the rally that led to the storming of the Capitol, where he threatened Trump's opponents that "we're coming for you." In January 2021, Attorney General for the District of Columbia Karl Racine said that he is looking at whether to charge Donald Trump Jr. with inciting the violent attack on the U.S. Capitol in the criminal investigation into the attack. CNN reported in April 2022 that two days after the election, Trump Jr. sent a text message to White House Chief of Staff Mark Meadows outlining paths to subvert the Electoral College process and ensure his father a second term.

Federal Judge Agrees to Keep Names of Potential Witnesses in Trump Case Secret Federal Judge Agrees to Keep Names of Potential Witnesses in Trump Case Secret Federal Judge Agrees to Keep Names of Potential Witnesses in Trump Case Secret Federal Judge Agrees to Keep Names of Potential Witnesses in Trump Case Secret Federal Judge Agrees to Keep Names of Potential Witnesses in Trump Case Secret

SOURCES

The Guardian

Trump lawyers told to redact witness information in classified documents case

https://www.theguardian.com/profile/hugo-lowell

Washington Post

After months, Judge Cannon agrees to shield Trump witness names

Washington Post

Yahoo! News

Witnesses in Trump classified documents case will remain secret, federal judge orders

Yahoo! News

Yahoo! News

Witnesses in Trump documents case can remain private, judge rules

Yahoo! News

NBC

Judge in Trump's classified docs case grants prosecutor's request to keep names of government witnesses secret

NBC

CNN

Witnesses in Trump classified documents case will remain secret, federal judge orders | CNN Politics

Katelyn Polantz , Hannah Rabinowitz

AP News

Judge in Trump's classified files case agrees to redact witness names, granting prosecution request

https://apnews.com/author/eric-tucker

ABC News

Judge in Trump's classified files case agrees to redact witness names, granting prosecution request

ABC News

The Huffington Post

Judge In Trump's Classified Documents Case Grants A Prosecution Request

The Huffington Post

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FBI search of Mar-a-Lago

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Former President Trump argues for immunity from prosecution for election subversion charges

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Donald Trump Jr.

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