The federal judge presiding over former President Donald Trump’s classified documents case rejected the government’s request to keep the list of witnesses that he has been forbidden to speak with secret.
Federal prosecutors had asked U.S. District Judge Aileen Cannon to keep the list of 84 witnesses who may testify during the trial under seal. Trump was indicted on 37 criminal counts earlier this month related to his handling of classified documents after leaving the White House. Special counsel Jack Smith gave the former president’s attorneys a list of potential witnesses last week as both sides gear up for trial, asking the judge at the time to keep the names secret.
Smith’s team noted Trump’s attorneys hadn’t taken any stance on the matter, but Cannon wrote Monday that prosecutors did “not offer a particularized basis to justify sealing the list from public view.“
“It does not explain why partial sealing, redaction or means other than sealing are unavailable or unsatisfactory, and it does not specify the duration of any proposed seal,” she added in her brief order.
A federal magistrate prohibited Trump from speaking about his indictment with a list of witnesses in the case during his arraignment earlier this month. The full list is not public, but it reportedly includes aides and advisers to the former president, as well as current or former employees of his Mar-a-Lago private club in Florida, where the documents were found.
Trump has also been barred from speaking about the case with Walt Nauta, his personal aide who was also charged in the indictment.
A coalition of news outlets had asked Cannon to release the list of witnesses on Monday, citing the case as one of the “most consequential … in the nation’s history.”
“The American public’s interest in this matter, and need to monitor its progress every step of the way, cannot be overstated,” the media outlets, including The New York Times, wrote.
The Times added that it’s unclear if Smith’s office would post the witness list or if the former president’s attorneys would.