The judge overseeing former President Trump's classified documents case, Florida District Judge Aileen Cannon, rebuked federal prosecutors on Monday while striking down two of their filings.
DOJ special counsel Jack Smith has been directed by the court to unseal two filings and to provide a comprehensive legal rationale for a Washington, D.C. grand jury's involvement in the investigation. Specifically, Cannon, a Trump appointee, has ordered Smith to explain "the legal propriety" of using a DC Grand Jury in a Florida matter.
"The Special Counsel states in conclusory terms that the supplement should be sealed from public view ‘to comport with grand jury secrecy,’ but the motion for leave and the supplement plainly fail to satisfy the burden of establishing a sufficient legal or factual basis to warrant sealing the motion and supplement," the order reads.
"Among other topics as raised in the Motion, the response shall address the legal propriety of using an out-of-district grand jury proceeding to continue to investigate and/or to seek post-indictment hearings on matters pertinent to the instant indicted matter in this district," the order adds.
Canon was responding to the special counsel's motion for a "Garcia" hearing, where Smith's team addressed a potential conflict of interest posed by Stanley Woodward representing defendant Walt Nauta and individuals who could be called to testify in the classified documents case, the Daily Caller reports.
Trump and Nauta are scheduled to be arraigned Aug. 10 for the classified documents case. Smith issued a superseding indictment July 27 with additional charges for Trump and new charges for Mar-a-Lago employee Carlos De Oliveira who allegedly moved boxes around Trump’s Florida estate.
Smith indicted Trump Tuesday for allegedly contesting the 2020 presidential election results and for his alleged role in the Jan. 6, 2021 Capitol riot. The former president pleaded not guilty at an arraignment in Washington, D.C. Thursday and accused Smith of “persecution” for his latest charges. -Daily Caller
Separately, a grand jury in Washington DC indicted Trump last week on four counts over alleged efforts to overturn the 2020 election.
Read Monday's order below: