HomeCrimeMar-a-Lago largely sides with Jack Smith in CIPA order

Mar-a-Lago largely sides with Jack Smith in CIPA order

Judge Aileen Cannon, special counsel Jack Smith

Judge Aileen Cannon (left) during a Senate Judiciary Committee oversight nomination hearing on July 29, 2020 (U.S. Senate via AP), Special counsel Jack Smith (right) speaks about an indictment of former President Donald Trump, Aug. 1, 2023, at a Department of Justice office in Washington. (AP Photo/Jacquelyn Martin)

The special counsel can “redact, substitute, or delete” two categories of classified information and “most” of a third category from shareable discovery, the judge in former President Donald Trump’s Espionage Act prosecution ruled Friday.

U.S. District Judge Aileen Cannon wrote that Jack Smith’s motions prevailed as far as categories 3 and 4 are concerned — the first dealing with “documents relating to a potential government witness” and the second with “classified information which the Special Counsel seeks to delete from discovery in its entirety.”

Cannon also granted “most of the Category 2 requests,” but not all.

“Category 2 contains a subset of After-Action Reports (‘AARs’) and related emails from which the Special Counsel seeks to redact limited words and phrases,” she wrote. “The vast majority of the requests are not topically related to the charged documents and thus neither relevant nor helpful to the defense. A very limited number of redaction requests, however, cannot be resolved at this stage.”

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