When last we left the proceedings in U.S. v. Trump, the federal case regarding former President Donald Trump's purported improper retention of classified documents, Special Counsel Jack Smith had moved for a continuance of the trial date from August 14, 2023, to December 11, 2023, and further disclosed the existence of 84 witnesses, the list of which the government sought leave to file under seal.
During the June 13 hearing, overseen by Magistrate Judge Jonathan Goodman, one of the Justice Department's prosecutors raised the issue that it's unclear who the order would apply to, given that there wasn't a witness list available.
The motion was to submit the witness list, under seal, that the DOJ provided to the defense on Thursday to satisfy the court's order.
Trump's lawyers do not oppose the witness list being submitted under seal but are reported to potentially hold objections to the special condition of his release imposed, which requires that he refrains from discussing the matter with those listed, and possible objections to the manner of the government's version of compliance with the order itself.
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.
As noted in the order, Judge Cannon denied the motions of multiple news organizations to intervene in the matter in order to oppose the government's motion to file the witness list under seal as moot.
WPLG, Inc. The Palm Beach Post and USA TODAY, publications operated by subsidiaries of Gannett Co., Inc. Judge Cannon granted the government's Motion for a Pre-Trial Conference "To consider matters relating to classified information that may arise in connection with the prosecution," as well as to appoint a Classified Information Security Officer "To assist the Court, Court personnel, and the defense in the handling of any motions and orders" pursuant to the Classified Information Procedures Act.
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