Trump gets access to sealed documents on witness threats in Mar-a-Lago case

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36. Couple of responses

First there was no bait and switch. cannon only granted the request to accept the exhibit on a “temporary “ basis until she had a chance to review it, which she did pretty quickly.

Second, if Smith did wanted to avoid disclosure of the exhibit he could have withdrawn it. Presumably he felt having it as part of the record was more important — particularly if he needed to appeal an adverse decision on his motion. For cannon to strike it would have been prejudicial to Smith’s motion. The appropriate thing was to order its disclosure and give smith the opportunity to fight her order, comply with it or withdraw the exhibit and let consideration of the reconsideration motion proceed