The judge overseeing the criminal case against former President Donald Trump over his handling of classified documents denied a government request to file under seal a list of dozens of potential witnesses who the former president has been barred from speaking to about the case.
Special Counsel Jack Smith hasn’t provided a detailed reason to file the list under seal or explained why such a move was necessary once he provides the names to Trump’s legal team, U.S. District Judge Aileen Cannon said in an order Monday in West Palm Beach, Florida. Still, it was unclear if the list would be made public.
The judge, a Trump appointee, said the government “does not explain why” partial sealing of the list isn’t sufficient or how long it would be necessary. She already has restricted Trump’s ability to contact prosecution witnesses in the case, except through his attorneys.
Cannon denied the special prosecutor’s motion without prejudice, meaning Smith can renew the request. The government’s list includes about 84 potential witnesses — many of them characterized by Trump’s lawyers as his long-time acquaintances and employees.
Trump has pleaded not guilty to 37 counts, including willful retention of national defense information, withholding a document or record and conspiring to obstruct justice. The special counsel has asked to move the current Aug. 14 trial date to Dec. 11 due to the sensitive nature of some evidence.
Earlier Monday, a group of media organizations urged Cannon to allow the list to be made public on the court docket. In her order, the judge denied the group’s motion to intervene in the case to fight for additional transparency, saying her ruling made the issue moot for now.
The list is vital because Trump, who denies wrongdoing, has already been “forbidden, on pain of contempt” from speaking to potential witnesses about the case, the coalition of media organizations said.
Filing the list “is a highly significant initial step in this extraordinary prosecution,” the group said. “It will mark the first time that the Court has instructed the Government to inform Trump of the identities of persons who may offer testimony that prosecutors believe will incriminate him.”
A representative for Smith declined to comment. Trump, who will be allowed to see the list regardless, hasn’t objected to the list being filed under seal, according to the media group’s filing.
The case is U.S. v. Trump, 23-cr-80101, U.S. District Court, Southern District of Florida (Miami).
