Judge Aileen Cannon, who is presiding over DOJ special counsel Jack Smith’s prosecution of former President Donald Trump over allegations he mishandled classified documents, chided the Biden government attorney multiple times for failing to respond to arguments made by opposing parties in an April 9 court filing. While Judge Cannon agreed to Smith’s motion asking the names of witnesses in the trial be redacted, she accused the special counsel at least eight times in her ruling of having failed to respond to objections raised by a coalition of press organizations who weighed in against Smith’s motion.
“The Special Counsel had two opportunities to raise these arguments and failed to do so in both instances. The Special Counsel’s initial Seal Request failed to offer a governing legal framework or any factual support for the relief sought,” Cannon wrote in her ruling. She continued: “Later, in response to the Press Coalition’s Motion, the Special Counsel failed to engage with — let alone refute — the Press Coalition’s argument that the First Amendment attached to the subject materials.”
The judge also criticized Smith for failing to comply with the court’s rules regarding the sealing of sensitive filings. “And this is to say nothing of the Special Counsel’s failure to comply with this District’s Local Rules on sealing, which the Court has emphasized repeatedly throughout this proceeding,” Judge Cannon wrote.
Prior to this most recent ruling, the relationship between the special counsel and Judge Cannon had already been under strain. Last week, the two tangled over the judge’s order requesting both Smith and attorneys for former President Donald Trump submit draft jury instructions, including arguments about the potential applicability of the Presidential Records Act. This latest episode suggests that the judge’s opinion of Smith may have fallen even further.