Judge Expresses Disappointment in Jack Smith Over Trump Documents Case

U.S. District Judge Aileen Cannon, in charge of the criminal trial of former President Donald Trump for mishandling classified documents at his Mar-a-Lago estate, criticized special counsel Jack Smith for his inconsistent positions on sealing evidence in the case.

In a five-page order released on Sunday, Cannon, appointed by Trump, expressed disappointment that Smith wanted to keep information from the public to protect grand jury secrecy and witness safety while ignoring similar concerns at other times during the case.

Trump faces 40 felony charges related to document handling, including classified information, after leaving office. He has pleaded not guilty and denied any wrongdoing. Co-defendants Walt Nauta and Carlos De Oliveira were also mentioned in the order released on Sunday.

“In two separate filings related to sealing, the special counsel unequivocally stated that he had no objection to unsealing previously sealed docket entries related to allegations of prosecutorial misconduct,” Cannon wrote. “In light of this, and with no defense objection, the court unsealed those materials following the presumption of public access.”

However, the unsealed materials contained grand jury details that Smith insisted should remain sealed in all other filings. Cannon noted that the special counsel requested unsealing to address defense allegations of prosecutorial misconduct and maintained that certain details should remain sealed.

Rule 6(e) is the federal statute governing grand jury proceedings recording and disclosure.

Cannon expressed disappointment in the inconsistent application of sealing and redaction rules and the undermining of prior positions without full disclosure to the court. She denied proposed redactions by Trump’s legal team but granted a hearing on the redactions for another motion.

The trial, initially set to begin on Monday, was indefinitely suspended by Cannon earlier this month pending resolution of legal disputes. Smith has also indicted Trump on four criminal charges in Washington, D.C., related to alleged election interference attempts. The start of that trial has also been delayed as the Supreme Court considers Trump’s defense of presidential immunity.