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Mar-a-Lago Judge Unseals Docs Jack Smith Warned Would Reveal Govt’s Plans

via Fox News
This article was originally published at StateOfUnion.org. Publications approved for syndication have permission to republish this article, such as Microsoft News, Yahoo News, Newsbreak, UltimateNewswire and others. To learn more about syndication opportunities, visit About Us.

The U.S. district judge overseeing Donald Trump’s Mar-a-Lago prosecution ordered the unsealing of documents, despite concerns from Special Counsel Jack Smith regarding the revelation of classified information.

Smith requested to file motions under seal and to exceed page limits due to the sensitive nature of the information.

Judge Aileen Cannon, found that Smith had not provided enough evidence to support filing the motions on an ex parte basis. (Trending: Biden Impeachment Vote Comes To House Floor)

Smith expressed concerns about revealing the extent of the government’s classified information.

Prosecutors claimed the government’s “upcoming CIPA Section 4 motion, which will include highly sensitive classified information,” and that it “provides sensitive information about the contents of the CIPA Section 4 motion,” were the subjects of his motion to exceed page limits.

To “protect four separate categories of classified information from disclosure” to criminal defense teams, he suggested filing one sizable motion in the interest of judicial economy rather than multiple motions.

Prosecutors argued in favor of his request, citing concerns that “even disclosing” the “number of categories of classified information that the government seeks to delete from discovery would reveal the contours and extent of the government’s CIPA Section 4 motion.”

According to the Classified Information Procedure Act, or CIPA, a judge “may authorize the United States to delete specified items of classified information from documents to be made available to the defendant through discovery under the Federal Rules of Criminal Procedure, to substitute a summary of the information for such classified documents, or to substitute a statement admitting relevant facts that the classified information would tend to prove,” Cannon found on November 28 that Smith had not given enough evidence to support filing either of the motions on an ex parte basis because they were not §4 motions in and of themselves and did not “contain or otherwise reveal classified information.”

“Although the Special Counsel suggests that the mere filing of its motion for additional pages might ‘reveal the contours and extent of the Government’s CIPA Section 4 motion,’ because it indicates that ‘four categories of especially sensitive classified information’ will be addressed in the Section 4 motion, that bare reference, without more, is not a basis to deviate from the presumption against ex parte filings in our adversarial system of justice,” ruled the judge.

The defendants did not oppose the government’s request but reserved the right to challenge them later.

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