U.S. District Court Judge Aileen Cannon, presiding over the Florida-based federal classified documents prosecution of former President Donald J. Trump, blasted Department of Justice (DOJ) special counsel Jack Smith‘s inconsistent positions on the need to seal evidence in the case. The federal judge’s criticism comes as Smith’s office stated they had no objection to unsealing docket entries related to alleged prosecutorial misconduct, yet continued to argue elsewhere for the need to keep such details confidential.
“In two separate filings related to sealing, the special counsel stated, without qualification, that he had no objection to full unsealing of previously sealed docket entries related to allegations of prosecutorial misconduct,” Judge Cannon wrote in an order issued on Sunday. She added: “In light of that repeated representation, and in the absence of any defense objection, the court unsealed those materials consistent with the general presumption in favor of public access.”
The unsealed materials contained details of grand jury testimony that had previously not been made public. Cannon noted that the special counsel‘s acquiescence to making the material public contradicted assertions made in other filings that the documents should remain sealed. The judge demanded an explanation from Smith and his legal team.
“In response to those inquiries, counsel explained that the special counsel took the position on unsealing in order to publicly and transparently refute defense allegations of prosecutorial misconduct raised in pretrial motions,” her order unsealing the documents read. Addressing Smith directly, Cannon wrote: “The sealing and redaction rules should be applied consistently and fairly upon a sufficient factual and legal showing. And parties should not make requests that undermine any prior representations or positions except upon full disclosure to the court and appropriate briefing.”