On Monday, Judge Aileen Cannon, presiding over the case involving Donald Trump and classified documents, ordered the release of documents that had been filed by special counsel Jack Smith but kept sealed upon his request. This order aligns with the principle of public access to judicial documents, According to a report by Raw Story on Monday, December 4.
The case revolves around allegations that Trump retained classified documents at his Mar-a-Lago estate. Smith had sought to keep these filings confidential as they detailed the government’s strategy to exclude “highly sensitive classified information” from being shared during discovery.
However, Judge Cannon concluded that Smith’s motions did not contain any secrets that necessitated keeping them under seal. Smith had expressed concerns that revealing even the “number of categories of classified information” intended to be excluded from discovery could inadvertently disclose the scope and nature of the government’s approach under CIPA Section 4, told Law&Crime.
Despite these concerns, Judge Cannon found that Smith did not provide adequate justification for these motions to be filed on an ex parte basis, which would exclude the other party. She noted that the motions did not contain or reveal any classified information.
Further, Judge Cannon addressed Smith’s suggestion that the very act of filing for additional pages might hint at the depth and details of the government’s CIPA Section 4 motion. The judge pointed out that this mere reference to “four categories of especially sensitive classified information” in the motion does not justify deviation from the standard practice against ex parte filings in the U.S. justice system, which is inherently adversarial and typically requires openness.
