The federal judge presiding over former President Donald Trump's Mar-a-Lago classified documents case met privately with special counsel Jack Smith's team of lawyers to determine which records are too sensitive to be used in their case.
Smith's team appeared before District Judge Aileen Cannon on Wednesday to evaluate classified briefings by the special counsel which are being requested by lawyers for Trump and his two co-defendants, Walt Nauta and Carlos De Oliveira.
"This hearing shall be conducted on a sealed, ex parte basis in a facility suitable for the discussion of classified information," Cannon said of the Wednesday hearing in a Jan. 11 paperless order, referring to a hearing that is outside the presence of attorneys for the defendants.
Appearing before Cannon were special counsel attorneys Jay I. Bratt, David Harbach, Julie A. Edelstein, and J.P. Cooney. Smith did not attend the roughly three-hour hearing, according to a paperless minute entry on the docket Wednesday afternoon.
The hearing came after Trump's lawyers filed a motion last month seeking "attorneys'-eyes-only access to these filings so that we can challenge [Smith's] assertions in adversarial proceedings."
Trump's counsel most recently presented allegations in a Jan. 16 motion to compel discovery evidence. The motion states that "The Special Counsel's Office has disregarded basic discovery obligations and DOJ policies in an effort to support the Biden Administration's egregious efforts to weaponize the criminal justice system in pursuit of an objective that President Biden cannot achieve on the campaign trail: slowing down President Trump's leading campaign in the 2024 presidential election."
Smith responded to the Trump team's motion two days later claiming the government "supports full transparency of the record" in part because that transparency will "expose the defendants' distortions of the factual and legal landscape in their motions to compel."
While the details of Cannon's discussion with prosecutors will not be made public, the hearing could have significant ramifications for the trial tentatively slated to begin on May 20, given that if Cannon rules even partially in favor of Trump, the Justice Department could seek to appeal.
Trump faces 32 counts of unlawful retention of national defense records and eight additional charges that include making false statements and a conspiracy to obstruct an investigation. On Aug. 8, 2022, the FBI executed a search warrant at Mar-a-Lago under the authorization of Attorney General Merrick Garland.
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