Judge in Trump classified docs case slammed for "clear error" as Jack Smith goes on offensive

Washington DC - Special Counsel Jack Smith filed a rebuke against the judge overseeing Donald Trump's classified documents trial, arguing a recent ruling in the case contained a "clear error."

Special counsel Jack Smith (l.) asked the judge in Donald Trump's classified documents case to reconsider a recent ruling that he says contained a "clear error."
Special counsel Jack Smith (l.) asked the judge in Donald Trump's classified documents case to reconsider a recent ruling that he says contained a "clear error."  © Collage: Nicholas Kamm / AFP & CHIP SOMODEVILLA / GETTY IMAGES NORTH AMERICA / Getty Images via AFP

On Thursday, Smith's team filed a 24-page request to Judge Aileen Cannon, asking her to reconsider her recent ruling, which forces the prosecution to share the identity of certain witnesses with Trump's attorneys.

The filing argues that the decision poses "significant and immediate risks of threats, intimidation, and harassment."

It insists that "reconsideration is warranted to correct clear error and prevent manifest injustice," because the court "applied the wrong legal standard and issued orders that, in practice, will expose witnesses and others to intolerable and needless risks."

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Smith goes on to claim that Trump's legal team only wants to delay the trial "as long as possible."

The filing comes after Smith revealed in a separate filing on Wednesday that threats have been made to prosecutors, witnesses, and others involved in the case, including Judge Cannon herself.

Judge Aileen Cannon under the spotlight

Last June, Trump was indicted on 37 federal charges related to the removal of classified documents from the White House, as well as alleged obstruction of attempts to recover them from his Mar-a-Lago property.

Cannon, who was appointed by Trump in 2020, has faced calls to recuse herself from the case as critics have argued she may be biased, pointing to her most recent ruling as proof.

If she upholds her decision, it would further delay the trial, which was expected to begin in May.

Cover photo: Collage: Nicholas Kamm / AFP & CHIP SOMODEVILLA / GETTY IMAGES NORTH AMERICA / Getty Images via AFP

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