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U.S. Judge Aileen Cannon, who has been tasked with overseeing President Donald Trump’s ongoing classified documents case in Florida, has highlighted a potential problem with special prosecutor Jack Smith’s use of a D.C. grand jury in the federal probe.
She issued an order on Monday that struck down the DOJ’s request that filings remain sealed in the ongoing case, writing that there was a failure to “satisfy the burden of establishing a sufficient legal or factual basis to warrant sealing the motion and supplement.”
Further, Cannon raised a concern with the DOJ’s use of an out-of-state grand jury in the case, asking for a response from prosecutors on this matter.
She explained, “…the response shall address the legal propriety of using an out-of-district grand jury proceeding to continue to investigate and/or to seek post-indictment hearings on matters pertinent to the instant indicted matter in this district.”
The special counsel may reply no later than Aug. 22, according to Cannon’s order.
In the classified documents case, President Trump was arraigned earlier this summer in Miami on 37 charges related to alleged “mishandling” of so-called “classified documents” that were taken from his home in a raid carried out by the FBI last year.
Trump noted last month, “FOR THE FIRST TIME IN THE HISTORY OF THE USA, LAWYERS, AND THE LEGAL SYSTEM ITSELF, ARE UNDER SIEGE…ALL A GIFT FROM CROOKED JOE BIDEN, MERRICK GARLAND, AND DERANGED PROSECUTOR, JACK SMITH!!!”
Judge Cannon’s concern surrounding the DOJ’s use of a D.C.-based grand jury in this case is a good sign for the Trump team. President Trump has often said that is “impossible” to get a fair trial in Washington, D.C.
Last week, he was arraigned on four federal charges in a separate case related to the events of Jan. 6, 2021. He wrote on Truth Social, “UNFAIR VENUE, UNFAIR JUDGE. We are a Nation in Decline. MAGA!!!”
