Judge Aileen Cannon in the Southern District for Florida federal court struck down two of Special Counsel Jack Smith’s sealed filings in her ruling today. Kyle Cheney, a senior legal correspondent for POLITICO, reported the developments Monday, writing, “Judge CANNON comes out swinging at special counsel this morning, striking two of prosecutors’ sealed filings and demanding an explanation of “the legal propriety of using an out-of-district grand jury proceeding to continue to investigate” the docs case.”
Judge CANNON comes out swinging at special counsel this morning, striking two of prosecutors' sealed filings and demanding an explanation of "the legal propriety of using an out-of-district grand jury proceeding to continue to investigate" the docs case https://t.co/jawTpEvPWq pic.twitter.com/OciEt2vJql
— Kyle Cheney (@kyledcheney) August 7, 2023
Julie Kelly, a journalist, similarly wrote on X, “I told you Judge Cannon is legit. She is not going to tolerate Jack Smith’s bullsh*t. This is gold–she asks defense to raise possible grand jury abuse by DOJ for conducting nearly all of the investigation in DC then switching to FLA at last minute for indictment.”
BREAKING: I told you Judge Cannon is legit. She is not going to tolerate Jack Smith's bullsh*t.
This is gold–she asks defense to raise possible grand jury abuse by DOJ for conducting nearly all of the investigation in DC then switching to FLA at last minute for indictment. pic.twitter.com/uu58SJc7PO
— Julie Kelly 🇺🇸 (@julie_kelly2) August 7, 2023
Kelly added that “Cannon also won’t tolerate DOJs nonstop requests for secrecy. She already denied a govt motion asking to keep names of 80+ witnesses under seal.”
Judge Cannon’s, a Trump appointee, verdict observed that “The Special Counsel states in conclusory terms that the supplement should be sealed from public view “to comport with grand jury secrecy,” but the motion for leave and the supplement plainly fail to satisfy the burden of establishing a sufficient legal or factual basis to warrant sealing the motion and supplement.” She then denied the motion by the prosecution.
She then wrote in her verdict that “Among other topics as raised in the Motion, 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.” She ordered the prosecution to respond to these and other items by August 22nd.
Responses on X (formerly known as Twitter) to this news were largely positive toward Trump. Darrell Dunn observed about what the prosecution was asking for “Secret Witnesses, Secret Charges, Secret Trials. Where have we seen this before??”
Secret Witnesses, Secret Charges, Secret Trials. Where have we seen this before??
— darrell dunn (@darrell44618853) August 7, 2023
Johnny Law wrote, “This is the correct ruling. DOJ could not satisfy burden of showing that revealing 80+ witnesses will either be prejudicial or harmful.”
This is the correct ruling. DOJ could not satisfy burden of showing that revealing 80+ witnesses will either be prejudicial or harmful.
— Johnny Law (@BossHook) August 7, 2023
Patricia wrote “The grand jury should be within the court’s jurisdiction. Give them hell judge.”
The grand jury should be within the court’s jurisdiction. Give them hell judge.
— Patricia (@triciamap) August 7, 2023
They keep indicting me, an X user, rightly observed that “The DC GJ [grand jury] is the one that pierced A/C [attorney-client] Privilege. Then they switched to FL GJ but the damage was done.”
The DC GJ is the one that pierced A/C Privilege. Then they switched to FL GJ but the damage was done.
— They keep indicting me (@Brandonstheguy) August 7, 2023
Not all replies were sympathetic to Trump. One user posted that “The special counsel should call for recusal. She is a MAGA cultist cosplaying as a Judge. She has no business with this case in the first place”
The special counsel should call for recusal. She is a MAGA cultist cosplaying as a Judge. She has no business with this case in the first place
— 𝐂𝐡𝐢𝐝𝐢 (@ChidiNwatu) August 7, 2023
Being nominated by one over another president is not adequate legal grounds for recusal for a judge.