General Discussion
In reply to the discussion: Does anyone know if Jack Smith appealed Cannon's new order? [View all]onenote
(46,172 posts)There are two orders in play. The first involves a request to "un-redact" certain information, including witness names and witness statements, that previously were provided to Trump and his lawyers in discovery. They are subject to a protective order that prevents their disclosure to the public unless the Special Counsel consents or the court approves. Trump submitted a discovery-related filing in which, consistent with the protective order, he redacted certain information, but he asked the court to allow it to be made public. It is information that Trump already has access to. Smith opposed un-redacting the information because, among other things, it could lead to attempts to harass or intimidate witnesses or to witness coordination. Cannon initially granted Trump's request, in part because, to be honest, the Special Counsel did a surprisingly bad job in its opposition (among other things, failing to discuss the appropriate legal standard for deciding whether to allow public disclosure). Smith then filed a motion for reconsideration which does a much better job of making the legal and factual case for not un-redacting. Cannon then suspended her order pending a decision on the motion for reconsideration, so for now, nothing is being unredacted.
The second order is related to the first, but is separate. As part of the Special Counsel's motion for reconsideration, Smith attached an exhibit with information about a specific example of threats being made against witnesses. He filed that exhibit both under seal (not available to the public) and ex parte (not available to Trump or his attorneys). After reviewing the exhibit, Cannon decided to keep it under seal, but to order Smith to provide a copy to Trump so that his attorneys can review it in connection with preparing their response to the motion for reconsideration. It is this exhibit that, barring some further intervention from the courts, Smith was required to provide to Trump and his attorneys by the end of the day yesterday. I haven't seen any indication Smith decided to challenge this order and I wouldn't be surprised if he complied ( notwithstanding certain "experts" confidently predicting he would fight it, largely because these experts themselves seem to be confused about the two different orders. )