Legal AF by MeidasTouch

FED UP Jack Smith DOESN’T GIVE AN INCH to Trump’s Efforts

6 snips
Feb 17, 2024
The discussion kicks off with Jack Smith's refusal to let Trump expose government witnesses. They delve into 'graymail,' a tactic allegedly used by Trump to reveal sensitive information. Legal standards for sealing witness identities are debated, emphasizing the importance of privacy over public interest. Listeners learn about specific materials Smith aims to keep confidential, including grand jury transcripts and sensitive emails. Lastly, the risks of publishing these materials highlight the ongoing legal battle and Smith’s commitment to protecting witnesses.
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INSIGHT

Graymail And The Proper Legal Standard

  • Jack Smith argues defendants are engaging in 'graymail' by trying to publicize sensitive discovery to coerce the government.
  • Protecting witness identities needs only a showing of good cause, not a higher compelling-interest standard.
INSIGHT

Judge Cannon's Standard Under Fire

  • Smith told Judge Cannon she applied the wrong legal standard by requiring a 'compelling need' to keep names sealed.
  • The correct standard is a showing of good cause to keep witness identities and sensitive discovery under seal.
ADVICE

Limit Filings To Narrow Necessary Excerpts

  • Jack Smith urges targeted redactions: produce only the narrow portions needed and redact names and sensitive material.
  • He warns against wholesale public filing that would jeopardize witness safety and national security.
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