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5:38 PM

Donald Trump Published August 7, 2023 12:30pm EDT

Federal judge comes out swinging

against DOJ special counsel in Trump
classified docs case
Special Counsel Jack Smith's use of out-of-state grand jury to continue investigating case questioned

By Thomas Catenacci | Fox News

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Former President Trump's attorney, Alina Habba, joined "Fox & Friends" to discuss Trump's latest indictment, a potential additional indictment from Fulton
County, Georgia, and demands for the judge presiding over the Jan. 6 case to be recused.

The federal judge overseeing the classified documents case against former President
Donald Trump delivered multiple blows to Special Counsel Jack Smith's efforts in a brief
Monday.

Judge Aileen Cannon of the Southern District of Florida – who is presiding over the case
that stems from a Miami grand jury's June indictment of Trump – denied the Department
of Justice's (DOJ) request for sealed filings, striking two from the record. Cannon also
requested additional information from prosecutors about the continued use of an out-of-
grand jury to investigate the case.

"The Special Counsel states in conclusory terms that the supplement should be sealed
from public view ‘to comport with grand jury secrecy,’ but the motion for leave and the
supplement plainly fail to satisfy the burden of establishing a sufficient legal or factual
basis to warrant sealing the motion and supplement," Cannon wrote in the brief, denying
the DOJ's request.

"Among other topics as raised in the Motion, the response shall address the legal propriety
of using an out-of-district grand jury proceeding to continue to investigate and/or to seek
post-indictment hearings on matters pertinent to the instant indicted matter in this
district," she continued in the brief.

GEORGIA ON HIS MIND: TRUMP FACES 1 MORE LIKELY INDICTMENT SOON FOR A
TOTAL OF 4 CRIMINAL CASES

Aileen Cannon, the Florida federal judge overseeing former President Donald Trump's case, is pictured in an interview.
(Reuters)

The filing Monday came in response to the special counsel's request for a hearing to
examine defense attorney Stanley Woodward's potential conflicts of interest. Woodward –
who represents Waltine Nauta, a Trump aide listed as a co-defendant in the case – also
represents three individuals who may be called to testify in the case.

Cannon gave counsel for Nauta until Aug. 17 to file a response to the motion for a hearing.
She gave prosecutors until Aug. 22 to file a brief in support of the hearing.

LEGAL EXPERTS SLAM JACK SMITH FOR BRINGING 'LOUSY' CASE AGAINST TRUMP:
'DISINFORMATION INDICTMENT'

The latest action in the case comes about nine months before the scheduled trial. Cannon
previously set the case to go to trial on May 20, 2024, amid the Republican presidential
primaries.

Trump is facing 37 counts including willful retention of national defense information,

,

conspiracy to obstruct justice and making false statements. He pleaded not guilty to the
charges.

Special Counsel Jack Smith said on June 9 that "we have one set of laws in this country, and they apply to everyone." (Getty
Images)

Nauta, who is charged with six counts that include conspiracy to obstruct justice, also
pleaded not guilty. A third defendant, Carlos De Oliveira a property manager at Trump's
,

residence at Mar-a-Lago in Palm Beach, Florida, is accused by the special counsel of

working with Trump to hide security footage.

"Adherence to the rule of law is a bedrock principle of the Department of Justice. And our
nation’s commitment to the rule of law sets an example for the world," Smith said on June
9. "We have one set of laws in this country, and they apply to everyone. Applying those
laws, collecting facts, that’s what determines the outcome of an investigation, nothing
more, nothing less."

"The prosecutors in my office are among the most talented and experienced in the
Department of Justice," he continued. "They have investigated this case, hewing to the
highest ethical standards. And they will continue to do so as this case proceeds."

The Associated Press contributed to this report.

Thomas Catenacci is a politics writer for Fox News Digital.

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