Judge in Trump documents case denies special counsel request over witness list

A federal judge on Monday rejected prosecutors' request to submit a sealed list of 84 witnesses whom former President Donald Trump is prohibited from speaking with about the facts of his criminal classified documents case.

In a follow-up order, Judge Aileen Cannon, a Trump appointee, granted a request from the government to hold a pretrial hearing to discuss how classified information will be handled in the case, and to appoint a "Classified Information Security Officer." The hearing, which defendants are not required to attend, is set for 10 a.m. ET on July 14.

The judge's orders in U.S. District Court in West Palm Beach, Florida, came three days after special counsel Jack Smith moved to file the witness list under seal with the court.

Trump, the first-ever former president to face federal charges, pleaded not guilty this month to 37 counts including willful retention of national defense information and conspiracy to obstruct justice. His aide and co-defendant, Walt Nauta, pleaded not guilty to six charges at the same arraignment hearing.

As a condition of their release, a magistrate judge barred Trump and Nauta from speaking with certain witnesses about the facts of the case except through their lawyers.

Smith, who led the probe into Trump's alleged mishandling of classified documents, asked the court Friday to file the witness list under seal "in order to implement" the magistrate judge's release condition. A footnote in Smith's court filing suggested that there are 84 names on the list.

The special counsel noted that the Department of Justice has shared the list with lawyers for Trump and Nauta, who reserved the right to object to the release condition but were taking no position on the DOJ's motion to file the list under seal.

Cannon nevertheless denied the government's request to implement the condition.

"The Government's Motion does not explain why filing the list with the Court is necessary," Cannon wrote in her order.

"It does not offer a particularized basis to justify sealing the list from public view; it does not explain why partial sealing, redaction, or means other than sealing are unavailable or unsatisfactory; and it does not specify the duration of any proposed seal," the judge wrote

The DOJ's motion was denied without prejudice, meaning the prosecutors can try again.

Earlier Monday, a coalition of roughly three dozen press outlets asked to intervene in the case in order to urge that the witness list be unsealed. "Full transparency — at every step of this historic case — is essential," attorneys for the coalition wrote.

They pointed to the First Amendment, common law and the principles of an open judicial system in their appeal to see the witnesses. Trump's counsel has indicated that the list includes the ex-president's longtime acquaintances and staffers, the news outlets noted.

"The American public's interest in this matter, and need to monitor its progress every step of the way, cannot be overstated," they argued.

Cannon's order denied their motion as moot. She directed a court clerk to return fees to the attorneys who had filed to appear in the case on behalf of the news outlets.

It is not unusual for news organizations to intervene in lawsuits to argue for more transparency and information. In another high-profile pending criminal case, a press coalition successfully pushed for the public release of the identities of the people who guaranteed a $500,000 bond for embattled Rep. George Santos, R-N.Y. Those bail backers, whose names had been hidden, were revealed Thursday to be Santos' father and aunt.

Smith has asked the court to push back Trump's trial date to mid-December, arguing in part that more time was needed to let defense lawyers obtain security clearances and review evidence. The trial has initially been scheduled to start in mid-August, but legal experts expect it will begin later.

Despite being criminally charged in two separate cases while on the campaign trail, Trump is currently the leading candidate for the 2024 Republican presidential nomination.

An NBC News poll released Sunday found that Trump's lead has grown among Republican primary voters since his latest indictment. He has vowed to stay in the race even if he is convicted.

Disclosure: NBCUniversal is the parent company of CNBC and NBC News.

Correction: A press coalition successfully pushed for the public release of the identities of the people who guaranteed a $500,000 bond for Rep. George Santos. An earlier version misstated the amount.