Special counsel prosecutors have provided Donald Trump with a sealed exhibit detailing threats against a potential trial witness in the Mar-a-Lago case, following a federal judge's order despite prosecutors' objections, according to sources familiar with the matter.
The exhibit became a point of contention as it outlined threats against a potential witness who could testify against the former president. The federal judge, Aileen Cannon, ordered the exhibit, submitted "ex parte" by the office of special counsel Jack Smith, to be handed over to Trump's lawyers after reviewing its contents and determining it didn't warrant protection.
Despite objections from prosecutors who wanted to withhold the exhibit, they complied with the order before a Saturday deadline. Legal experts note that the Justice Department would typically be hesitant to disclose details of an ongoing investigation, particularly involving the primary defendant.
The justice department's decision not to appeal the order may be linked to the exhibit being part of a motion from prosecutors requesting the judge to reconsider two previous rulings. These rulings could potentially make public the identities of numerous witnesses against Trump.
The legal battle, initiated in January when Trump filed a motion to compel discovery, involves a request for additional information from prosecutors to aid in fighting the charges. The motion was partially redacted, accompanied by 70 sealed exhibits. Trump's lawyers sought to make these exhibits public, arguing that the names were already known in connection to the documents investigation.
Prosecutors argued against unsealing the exhibits, citing potential witness identity exposure and sensitive information related to "Signals" intelligence and an FBI probe. The judge ruled in February, allowing the release of certain information while keeping witness identities and "Signals" intelligence details under seal.
The unexpected rulings have prompted prosecutors to seek reconsideration, a move significant enough to potentially lead to an injunctive appeal at the US Court of Appeals for the 11th Circuit. This comes after Judge Cannon had drawn scrutiny from the 11th Circuit for her previous rulings that impacted the criminal investigation before Trump's indictment.
As part of the reconsideration, prosecutors asked to submit a third set of exhibits under seal and ex parte. After reviewing the contents, Judge Cannon ruled on Friday that these exhibits should not be ex parte and must be turned over to Trump as well.