Federal judges in two of former President Donald Trump’s ongoing court proceedings have issued orders governing his access to classified material used by Special Counsel Jack Smith’s team.
Both orders pertain to litigation surrounding the Classified Information Procedures Act (CIPA), which sets parameters for handling classified evidence in court cases.
“As an initial matter, the court finds that the classified information referenced in the motion implicates the government’s national security and classified information privilege,” she wrote in her Nov. 1 order. “Accordingly, the information is only discoverable to the extent that it is ’relevant and helpful' to the defense.”
She added that “based on its review of the withheld materials, and its discussion with defense counsel during a recent ex parte hearing, the court finds that the government’s proposed summary of the classified information for substitution adequately describes any content of the withheld materials that could be considered relevant and helpful to the defense.”
She also rejected the defense’s attempt to receive greater access to material and rejected one of its arguments surrounding the validity of one of the special counsel’s motions.
Meanwhile, Judge Aileen Cannon of the Southern District of Florida refused the special counsel’s request to block the defendants in President Trump’s Mar-a-Lago case from viewing classified material in discovery, while allowing his attorneys to do so. She had already imposed protective orders for classified evidence and was responding to the special counsel’s attempt to apply a specific interpretation of CIPA to restrictions.
Judge Cannon also indicated that the special counsel’s office could further restrict access to classified material but attempted to do so under the wrong section of CIPA.
“Nothing herein authorizes the disclosure of any classified information to any Defendant beyond the terms of the existing protective orders,” she said.
Judge Cannon previously rejected the special counsel’s request to set up a private facility in Washington, D.C., to hold classified documents he is required to turn over to the defendants in discovery.
“The parties are advised that production of classified discovery to defense counsel is deemed timely upon placement in an accredited facility in the Southern District of Florida, not in another federal district,” reads the brief order. “It is the responsibility of the Office of the Special Counsel to make and carry out arrangements to deposit such discovery to defense counsel in this District.”
The case involves a great number of documents, beyond the ones President Trump is accused of unlawfully retaining in his Mar-a-Lago residence.
President Trump’s legal team had previously noted that they already received 1.28 million pages and did not have sufficient time to properly examine them, requesting an extended timeline. The 1.28 million pages are unclassified documents, and would not need to be reviewed in a special location.
Classified information has played an intriguing role in both President Trump’s Florida and D.C. cases.
“The Indictment in this case adopts classified assessments by the Intelligence Community and others that minimized, and at times ignored, efforts by foreign actors to influence and interfere with the 2020 election,” reads an Oct. 26 filing from President Trump’s legal team.
“President Trump will offer classified information at trial relating to foreign influence activities that impacted the 2016 and 2020 elections, as well as efforts by his administration to combat those activities. President Trump will also present classified information relating to the biased and politicized nature of the intelligence assessments that he and others rejected during the events in question.”
