3min chapter

The Lawfare Podcast cover image

Brian Greer on Silent Witnesses

The Lawfare Podcast

CHAPTER

The Importance of the Silent Witness Rule in a Trial

The key to a fair trial is showing beyond reasonable doubt that the documents were properly classified. Trump's lawyers are going to argue that removing sensitive information would be prejudicial, he says. "I could see those being redacted," But then his lawyers will argue it was prejudicial because you're telling the jury that that's sensitive without letting me do it" The judge should approve any redactions so they aren't prejudicial and don't prejudice Trump, O'Mara adds.

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