Name: Judge Rejects Jack Smith’s Plea, Allowing Trump Co-Defendant to Submit FBI Transcript in Classified Docs Case
Uploaded: 2024-04-12T04:36:03.000Z
Description: A federal judge has allowed a Trump co-defendant in the classified documents case to file a redacted FBI interview transcript with his motion to dismiss, in a blow for special counsel Jack Smith.

NTD Newsroom comprises teams of reporters, editors, and producers assigned to cover breaking news and other stories.


NTD Newsroom

NTD Plus

News

News you can trust from the U.S. and around the world. Critical information and insight. We cover the stories that others don’t. NTD News Today airs Monday–Friday at 11 a.m. ET.

NTD News Today

Pentagon Scraps Deployment of 4,000 Troops to Poland

9/11 Memorial and Museum Adds 7th Moment of Silence

AT&T, T-Mobile, Verizon Launch Joint Venture to Tackle Dead Zones

Stefania Cox is an NTD News anchor and national correspondent based at the network's global headquarters in New York City. Stefania anchors "NTD Newsroom," and co-anchors "NTD News Today" weekdays at 10:00 am ET.

Stefania Cox

Trump Committed to US Defense, Prosperity, Amid China Talks: Expert

Jerome Powell Ends Tenure as Fed Chair

US Government Sues Chick-fil-A Over Religious Rights

California Gubernatorial Candidates Make Closing Pitches to Voters 

House Passes 1st Fiscal Year 2027 Appropriations Bill

Jason Blair is a national correspondent for NTD News based in California. 

Jason Blair

Federal Judge Partly Blocks Texas Immigration Law

Trump Announces National Garden of American Heroes Plans

NTD News Today Full Broadcast (May 15)

Paul Greaney is an NTD news anchor and producer. Since joining the company in 2018, he has anchored the station’s flagship Evening News broadcast, launched the NTD Business show, and produced documentary reports on pointed issues. 

The highlight of Paul’s time in the field was his coverage of the Hong Kong pro-democracy protests in 2019.

Paul Greaney

NTD News Today Full Broadcast (May 14)

Kevin Hogan is an NTD News data reporter and national correspondent based at the network's global headquarters in New York City. Kevin covers breaking news, as well as U.S. and global current events. He conveys the news through data visualizations and investigates pressing issues.

Kevin Hogan

NTD News Today Full Broadcast (May 13)

NTD News Today Full Broadcast (May 12)

NTD News Today Full Broadcast (May 11)

NTD News Today Full Broadcast (May 8)

NTD News Today Full Broadcast (May 7)

NTD News Today Full Broadcast (May 6)

NTD News Today Full Broadcast (May 5)

NTD News Today Full Broadcast (May 4)

Fast, compelling, first-hand news from China. China in Focus airs Monday–Friday at 8 p.m. ET.

China in Focus

China Sends Warships to Pacific Drill as Tensions With Japan Rise

Reuters is a news agency owned by Thomson Reuters. It employs around 2,500 journalists and 600 photojournalists in about 200 locations worldwide writing in 16 languages.

Reuters

We present news that is truthful and based on facts, outside of the political fog. Instead of focusing on the negative things happening around us, our mission is to give our viewers a good morning with empathetic and uplifting stories. Our aim is to provide an antidote to negativity by shining a light on the best side of people. We speak to inspiring people who positively impact communities, pursue topics that represent our common human values, and will never miss an opportunity to bring you heartwarming stories.

NTD Good Morning

2 US Embassy Personnel Assigned to Cartel Case Killed in Car Accident

The Associated Press is an American not-for-profit news agency headquartered in New York City. 

The Associated Press

US News

Gunman Kills 8 Children, Including 7 of His Own, in Louisiana Mass Shooting

Flora Hua is a reporter based at NTD's global headquarters in New York City, where she covers China news, U.S.-China relations, and human rights issues. Flora primarily contributes to NTD's "China in Focus."  

Flora Hua

Trump: Seized Iranian Ship May Have ‘A Gift From China’

Joseph Lord is a congressional reporter for The Epoch Times.


Joseph Lord

Aldgra Fredly is a freelance writer covering U.S. and Asia Pacific news for The Epoch Times.

Aldgra Fredly

Former NYC Mayor Rudy Giuliani Hospitalized in Critical Condition: Spokesman

Wildfires Across Georgia and Florida Have Destroyed Nearly 50 Homes and Are Forcing Evacuations

US Warns of China Hacks via Routers, Smart Devices

Juliet Song is an international correspondent exclusively covering China news for NTD. She primarily contributes to NTD's "China in Focus," covering U.S.-China relations, the Chinese regime's human rights abuses, and domestic unrest inside China.

Juliet Song

2 Americans Among Suspected Communist Rebels Killed in Clashes With Troops, Philippine Officials Say

Ryan Morgan is a reporter for The Epoch Times focusing on military and foreign affairs. He was previously a news writer for NTD. 


Ryan Morgan

Mari Otsu is NTD's White House correspondent based in Washington. 

Mari Otsu

World News

Middle East

Iran

3 US Warships Fend Off Iranian Attacks, Trump Says Ceasefire Still Holds

Health News

3 Dead in Suspected Hantavirus Outbreak on Cruise Ship in Atlantic Ocean: WHO

A federal judge has allowed a Trump co-defendant in the classified documents case to file a redacted FBI interview transcript with his motion to dismiss, in a blow for special counsel Jack Smith.

U.S. District Judge Aileen Cannon said in a paperless order on Wednesday there were “even stronger” reasons to deny Mr. Smith’s “sweeping” request to overcome the public’s “common-law interest in access to these materials.”

The material in question is the transcript of an FBI interview with Trump co-defendant Walt Nauta, who was charged for allegedly mishandling classified documents stored at the former president’s Mar-a-Lago estate in southern Florida.

Ahead of a hearing slated for Friday, Mr. Nauta has been ordered to file his motions for a bill of particulars or to dismiss by Thursday. A bill of particulars is a detailed statement of charges; the co-defendant has argued that the prosecution hasn’t made clear what laws he violated.

Mr. Nauta is expected to argue in motions to dismiss that the prosecution has failed to state an offense, that the law is too vague for the average citizen to understand, and that the law is too ambiguous, therefore the judge must apply the law in a manner favorable to the defendant, according to the order.

In her <a href="https://www.courtlistener.com/docket/67490070/440/united-states-v-trump/?redirect_or_modal=True">order</a>, Judge Cannon said that while Mr. Smith sufficiently argued to shield the names of potential government witnesses over safety concerns, she came to a “different conclusion” regarding Mr. Nauta’s motions and the attached FBI transcript.

“Given the undisputedly substantive nature of the Motions, the Court has applied the common-law right of access standard to this inquiry, deeming it sufficient to resolve the instant requests as briefed,” the judge wrote.

Judge Cannon found there were “similar but even stronger reasons” to allow the FBI transcript to be filed, albeit with redactions to witness names.

“With respect to the substantive statements contained in Defendant Nauta’s FBI interview, the Court reaches a different conclusion,” the judge wrote.

“For similar but even stronger reasons than those articulated in the Court’s recent Order applying Rule 16 438—and after balancing the parties’ asserted interests in this case of significant public concern—the Court finds the Special Counsel’s sweeping request and generalized rationales inadequate to overcome the public’s common-law interest in access to these materials.

“Accordingly, Defendant Nauta may attach his FBI interview transcript but shall (for the reasons stated previously) redact the names of any potential government witnesses and ancillary names where referenced therein,” the judge wrote.

Additionally, the judge ordered that Mr. Nauta’s grand jury testimony taken on June 21, 2022, be filed entirely under seal “for now.”

However, whether they remain under seal will depend on arguments made at the upcoming hearing on Friday.

“The parties shall be prepared, however, to present argument at the hearing on the need for continued sealing of that transcript given the Special Counsel’s partial use of that transcript in a public motion 381, and any other factors related to the need for continued secrecy under the circumstances,” Judge Cannon wrote.

Her order stated that no redactions should be made “beyond those authorized in this order.”

Judge Cannon <a href="https://www.theepochtimes.com/us/judge-slates-hearing-on-trump-codefendants-motions-to-dismiss-5624208">ordered a hearing</a> for Friday on motions to dismiss filed by Mr. Nauta and another co-defendant, Carlos de Oliveira.

Mr. Nauta was a valet to President Trump. In early June 2023, he was charged with six counts related to concealing classified documents.

Around a month later, Mr. de Oliveira, property manager for Mar-a-Lago, was added as a codefendant and accused of helping delete security footage of boxes of classified documents being moved.

Mr. de Oliveira’s motion to dismiss the indictment or for a bill of particulars to specify each charge, similar to Mr. Nauta, will also be covered at the hearing.

Prosecutors have argued that a bill of particulars is not necessary citing the detail in the indictment as sufficient. They have framed the motions as a “thinly veiled attempt to get the Government to disclose its trial strategy and detail the evidence it intends to present.”

“Extensive discovery” has already been provided, including surveillance footage from Mar-a-Lago, communications, grand jury transcripts, and photographs of alleged crimes, prosecutors have argued.

The upcoming hearing comes after Judge Canon recently denied two of four motions to dismiss filed by President Trump after hearing oral arguments. The denied motions were on the grounds of unconstitutional vagueness and under the Presidential Records Act.

However, to the ire of Mr. Smith, arguments using the Presidential Records Act could be made during the jury instruction stage, the judge determined.

Mr. Smith was outraged that the judge did not state outright whether she would accept those arguments in an order that he could appeal.

<em>Catherine Yang contributed to this report. </em>

<em>From <a href="https://www.theepochtimes.com/us/judge-allows-trump-classified-docs-codefendant-to-file-fbi-transcript-in-blow-to-jack-smith-5626583">The Epoch Times</a></em>

Latest

Videos

Politics

01_Lead Story

04_Top Stories

mar-a-lago

Premium Picks

Latest Clips

Management

Caden Pearson is a reporter covering U.S. and world news.

Caden Pearson

Arleen Richards is NTD's legal correspondent based at the network's global headquarters in New York City, where she covers all major legal stories. Arleen holds a Doctor of Law (J.D.).


Arleen Richards

02_Second Lead

Jack Smith

Donald Trump

Trump Indictments

Latest and breaking news, documentaries, movies, and lifestyle content on NTD+.
 
Empower your knowledge and elevate your spirit with NTD+, your go-to destination for truthful news, insightful documentaries, and captivating lifestyle content that enriches your life.