U.S. District Judge Aileen Cannon, the presiding judge overseeing the case involving former President Donald Trump's classified documents, has issued a strong rebuke to the Justice Department. In a Monday order, Judge Cannon has demanded an explanation regarding the utilization of an "out-of-district grand jury," prompting further scrutiny into the proceedings.
The order, which denied special counsel Jack Smith's request to file two supplements under seal, aims to maintain transparency in grand jury secrecy. Judge Cannon's order also necessitates an explanation from Smith on the legal justification behind employing an out-of-district grand jury to continue investigating and/or pursue post-indictment hearings in the current district.
As we have discussed on the show, there is no justification for what Jack Smith is doing with the grand jury in D.C, when Dept of Justice own protocol says that a grand jury should be brought in the district where the alleged violations took place.
Notably, Judge Cannon has also set an August 17 deadline for Trump's co-defendant, Walt Nauta, to respond to a Justice Department motion filed on August 2. The motion informed Nauta that his attorney, Stanley Woodward, has represented at least seven other individuals who were questioned in connection with the investigation. The government seeks a Garcia hearing with Woodward's client to discuss potential risks and explore possible waivers.
Looking ahead, Trump and his co-defendants have been offered the opportunity to file their own briefs on the grand jury matter by August 17. However, Judge Cannon has specified that this is optional. The prosecution is required to submit its response by August 22.
The exact location where the grand jury mentioned by Judge Cannon is being convened remains unclear. Nonetheless, the government's motion for the Garcia hearing on August 2 referred to both a grand jury in the District of Columbia and ongoing proceedings in the Southern District of Florida pertaining to the Mar-a-Lago case.
Highlighting the context for the government's request, the background section of the August 2 motion indicates that the grand jury in the Southern District of Florida, as well as the grand jury in the District of Columbia, continue to investigate further potential obstructive activity.
As the legal battle ensues, Trump faces a 38-count indictment, which accuses him of willfully withholding classified documents, including top-secret records, at his Mar-a-Lago estate in Palm Beach. Furthermore, Trump is alleged to have conspired with his valet, Walt Nauta, to conceal these documents from investigators who demanded their return.