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The judge in Donald Trump's classified documents case has refused to allow two members of the public to testify on Trump's behalf.
The pair, who have no connection to the case, wanted to testify about the alleged unfairness and waste of money in the case. They sought to enter as "friends of the court," a legal position normally reserved for expert opinion that is given for either side in a case.
The former president is facing 40 federal charges over his handling of sensitive materials retrieved from his Mar-a-Lago estate in Palm Beach, Florida, after leaving the White House in January 2021. He is accused of obstructing efforts by federal authorities to make him return them. Trump has pleaded not guilty to all charges.
Newsweek contacted Trump's attorney via email for comment on Monday.
Judge Aileen Cannon, a Trump appointee, issued a brief order on Friday denying their right to testify, just a few hours after they made their request.
There has been significant tension between Cannon and the chief prosecutor, Jack Smith, over allegations that Cannon has unduly sided with Trump and granted too many of the former president's requests. Cannon has delayed evidence in the case until at least July while she considers a series of defense motions.
The request to testify was made by Jessica Nan Berk and Hilda Tobias Kennedy, who described themselves in a court briefing as "indigent, private citizens," who are "renowned activists for progressive issues and disabled rights."
They claimed that Trump's prosecution was disproportionate to the alleged crime.
"We would want the Court to respectfully see that the funding the state has used, legal or not, to prosecute the defendant is disproportionate to the acts for which others in his same category and class have gone unpunished for the same crime as explained by the Defendant filings without the semantics by the opposition," their court briefing states.
"Furthermore, our interest is in the misuse of government funds that do not support the people's interest of justice but are more political in nature," they add.
They also claimed that the millions spent on prosecuting Trump could be used in a better way.
"In contrast, funding is greatly needed for crime against seniors and the disabled, veterans, the elderly, abused children/adults, etc, and the Department of Justice is grossly failing to use the people's money where it matters," their briefing states.
They claim that the prosecution of Trump could be resolved with "a fine and community service."
"We can not, in good conscience, see such a waste of money and miscarriage of justice go without words spoken, as we have suffered greatly from our miscarriage of justice ourselves," their brief says.
They accept in their briefing that they missed the June 3 deadline for filing a friend of the court brief, but sought an extension under the Americans with Disabilities Act, which allows a judge discretion to give extra time for court filings to people with disabilities.
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About the writer
Sean O'Driscoll is a Newsweek Senior Crime and Courts Reporter based in Ireland. His focus is reporting on U.S. law. ... Read more