Lawfare's Roger Parloff explained Wednesday how U.S. District Judge Aileen Cannon could issue a "highly unusual" ruling in the classified documents case against Donald Trump and two of his employees, Carlos De Oliveira and Walt Nauta.
According to Parloff, Cannon held recent hearings in secret because the government did not want to share classified documents with Trump's co-defendants.
"So it proposes to redact or summarize those docs. Each side then meets with [the] judge under seal & ex parte (other side not present). Govt says what it wants to do; defense gives its theory of the defense; judge decides if govt's proposal is fair," Parloff explained on X.
"This concerns a dispute over the 32 classified documents that Trump allegedly willfully retained. Since Nauta & De Oliveira aren't charged in those counts — only with obstruction — govt sees no point in showing them those."
"The remaining questions are these: (1) Trump's counsel wants to see the ultra-sensitive docs involved in Monday's proceeding, so they can have adversarial argument about the redactions," he continued.
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But Parloff said it would be "highly unusual" for Cannon to rule in Trump's favor. And special counsel Jack Smith would have a chance to appeal.
"What happens if Cannon wants to let Nauta & [De Oliveira] see the docs involved in counts 1-32?" the Lawfare reporter added. "That would be extremely odd and, again, govt could take an interlocutory appeal."
Parloff, however, said there was a more significant issue at play.
"At the moment, the higher stakes issue for govt may involve *nonclassified* info. Govt is asking Cannon to reconsider her plan to unseal identities of > 24 FBI agents or witnesses, plus witness statements risking, per govt, "significant & immediate risks," he wrote.
