Donald Trump's lawyers on Wednesday made a filing in the Florida classified documents case in which the former president's legal team encourages Judge Cannon to reject Jack Smith's proposed handling of materials.
Cannon, who has been accused of trying to disrupt the multiple trials of Donald Trump, has to decide whether to accept Smith's team's bid to delete certain classified items without giving Trump or his lawyers access to them. Trump's team is requesting access for the lawyers, but not Trump himself.
Trump's team used his former office to bolster their case against the special counsel's request.
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"Given the security clearances that have been extended to President Trump and counsel, and the volume of classified discovery produced to date, there is no case-specific reason for ex parte proceedings," according to the court filing. "The Court should be skeptical of boilerplate invocations of vague national security concerns and citations to factually distinguishable cases by the Special Counsel’s Office, particularly in light of the post-CIPA development of bodies of law under the Freedom of Information Act ('FOIA'), in habeas proceedings, and in motions to suppress Foreign Intelligence Surveillance Act ('FISA') evidence, where parties are granted greater access to filings that summarize sensitive and classified information."
The filing was also flagged by national security attorney Bradley Moss.
"Trump’s team has filed their motion seeking attorneys-only access to DOJ’s CIPA section 4 filing," Moss said on social media Wednesday. "This concerns classified details DOJ wants deleted."
Now, he added, it's up to the court.
"Now we see where Cannon takes this," Moss said.
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