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The chief prosecutor in Donald Trump's classified documents case is to file language-coded versions of his briefs so that the public will not be able to discover the names of witnesses.
It follows weeks of wrangling about public disclosure of the names of FBI agents and others involved in raiding Trump's Mar-a-Lago estate in Florida, as well as potential witnesses in the case.
Trump 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 return them. Trump has pleaded not guilty to all charges.
Newsweek reached out to Trump's attorney via email for comment on Wednesday.
Special Counsel Jack Smith previously told Judge Aileen Cannon that he opposes the public release of the names or job titles or of witnesses, fearing that they will be the subject of a hate campaign by Trump supporters.
In his latest filing on March 5, Smith's office told Cannon that they wanted to "email unredacted versions of the briefs and attachments, as well as red-box versions of the briefs and attachments showing proposed redactions, to the Court and defense counsel on March 7."
In political circles, "red box" refers to coded language used by U.S. political parties on their websites to circumvent campaign finance laws. By speaking in recognized codes, Democrats and Republicans can instruct Political Action Committees to spend money on political campaigns without the PACs illegally contributing to the political parties directly.
Smith wants to use similar coded language in publicly available court filings so that nobody can identify the FBI agents and witnesses who may be testifying against Trump.
At the same time, Smith's office will file "a motion for leave to redact and seal certain materials, setting forth the justifications for the proposed redactions and sealing and an explanation of how the Government has satisfied the standard for restricting public access to these materials."
The request was filed on Smith's behalf by attorneys Jay I. Bratt, counselor to the Special Counsel, Anne P. McNamara, and David V. Harbach II.
On February 27, Smith informed Cannon that he wants to censor FBI interviews with the former president's personal assistant so that Trump supporters cannot uncover the names of potential witnesses.
Smith also wants to censor a search warrant for phone and Apple iCloud contents before the warrants are released to the public.
He previously told Cannon that he fears witness intimidation from Trump supporters if the information becomes public.
On February 29, Trump's lawyers sought an August 12 trial start date in the criminal case—about one month after the date requested by prosecutors—citing Trump's schedule as the likely Republican candidate in November's presidential election. Aside from his campaign and GOP primaries, he also faces trials in Georgia, New York and Washington, D.C.
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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