Florida’s U.S. District Judge Aileen Cannon has ruled to release a third significant batch of documents in the classified documents case involving former President Donald Trump. Investigative reporter Julie Kelly reported the ruling, indicating it’s another setback for Special Counsel Jack Smith of the Biden Justice Department, who has sought to maintain redactions revealing coordination between his office, the White House, and the U.S. National Archives. Cannon’s decision will unveil two previously undisclosed defense motions: one accusing Smith of “Unlawful Piercing of Attorney-Client Privilege” and another seeking dismissal based on “Prosecutorial Misconduct and Due Process Violations.”
President Trump has claimed that Smith interfered with his legal strategy, alleging that 25 co-defendants cited confidentiality in refusing to provide documents related to January 6 cases. Trump argued that a prior ruling by D.C. District Judge Beryl Howell violated those privileges. Smith countered, asserting that Trump waived confidentiality by claiming actions related to the 2020 elections were advised by his lawyers.
Now, Trump’s defense team must propose “red box” redactions for public release. Other redactions obtained by Trump’s co-defendants indicate a prosecutor with Smith’s team threatened one attorney with the loss of a judgeship nomination if they didn’t step back from the case. There were also revelations of coordination between the White House and the National Archives to conceal evidence from Trump’s lawyers prior to a DOJ referral. Trump’s attorneys also cite Smith’s efforts to withhold “15 boxes” of classified documents containing national secrets.
Judge Cannon’s pretrial rulings arrive after she indefinitely suspended Trump’s classified documents trial due to delays from his ongoing hush money trial in Manhattan. This means Smith’s trial may not conclude before Election Day, as Trump faces delays due to Supreme Court hearings on claims of presidential immunity. Trump’s legal team continues to challenge Smith vigorously, with attorney Alina Habba alleging that the FBI obscured its Mar-a-Lago raid by shutting down security cameras. Habba has criticized Smith as a “Democrat activist,” highlighting concerns of prejudicial bias in the case, which Trump’s former attorneys claim have already influenced grand jury proceedings.
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