Judge Cannon's 'very surprising decision' could still put witnesses at risk: legal expert
Federal judge Aileen Cannon ruled against Donald Trump in his classified documents case and will keep the names of potential witnesses under seal, but a legal expert found one aspect of her decision "very surprising."
Cannon agreed with special counsel Jack Smith's office that releasing their names and other identifying information could jeopardize their safety, but she ruled that witness statements could be included in public filings, which MSNBC legal analyst Joyce Vance said would still put those individuals at risk.
"This is a very surprising decision," Vance told "Morning Joe." "Something that judges are typically very good about, it is not viewed as an issue that is pro-prosecution or pro-defense, is protecting witnesses in trials, people who come forward to do their duty. In many cases they didn't have a choice about doing it, they are under subpoena. So when there is any sort of a threat to their safety or security, even one that is not as serious of a threat as what we know exists here, because we've seen how Trump is able to rally his base."
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In previous cases, Trump has publicly attacked judges and their family members, prosecutors, witnesses, courthouse staffers and others, which has led to a deluge of threats against those individuals and resulted in gag orders against the former president, but Vance said releasing testimony in the Mar-a-Lago classified documents case would allow for the identification of some witnesses.
"Even in those more modest cases judges are very protective of witnesses when necessary, and here, even though their names may be redacted, the special counsel may have to fight that on a case-by-case basis," Vance said. "Some of the details of their testimony that will be released may make it possible to identify them, and so now we're in a moment where there is a game about the identity and safety of witnesses."
"It is something that no federal judge should permit to happen in her courtroom," Vance added.
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