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Conflicting Rulings by Judges Regarding Access to Classified Material in Trump Cases

November 2, 2023
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Many argue that the divergent court rulings today, issued minutes apart by judges overseeing cases involving Donald Trump, highlight a lack of integrity in the judicial system.

Today, U.S. District Judge Tanya Chutkan rejected the former president’s motion to access documents and materials that the Justice Department plans to introduce as evidence.

Judge Chutkan stated that the standard request was denied because the Department of Justice had classified the material. Her order allows federal prosecutors to withhold “certain classified information” from Trump’s defense team, thereby rejecting Trump’s request for “attorneys’-eyes-only” access to the classified material.

An excerpt from Judge Chutkan’s ruling reads: “The government is authorized to withhold the classified information specified in its motion from discovery and to provide the unclassified summary substitution specified in its motion to the defense.”

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In sharp contrast, in a courtroom located hundreds of miles from Judge Chutkan, U.S. District Judge Aileen Cannon declined the Justice Department’s request for a “blanket restriction” on “classified information” related to the case, as reported by the New York Post.

An excerpt from Judge Cannon’s ruling states: “So again, we are left with [the special counsel’s] broad and unconvincing theory, which is that the Court must change the meaning of the word ‘defendant’ to essentially mean ‘defense attorney to the exclusion of defendant.’ The court refuses to do so.”

Judge Cannon’s order also mandates that classified information is to be submitted to her office before redaction or deletion.

Special Counsel Jack Smith is prosecuting the cases related to Mar-a-Lago confidential information and the January 6 insurrection and conspiracy to overturn the 2020 election in Washington D.C.

The New York Post pointed out that judges Chutkan and Cannon offered different interpretations of the Classified Information Procedures Act (CIPA).

Judge Chutkan wrote: “At the outset, it bears emphasis that the defense identifies no case in which any court has ordered the relief they seek here, and this court is aware of none.”

In contrast, Judge Cannon wrote: “Aside from the particular provisions of CIPA, it is understood that Congress in CIPA did not intend to weaken or broaden a criminal defendant’s rights or to alter preexisting standards related to the use or admissibility of information in such cases.”

Former President Donald Trump has pleaded not guilty to all charges and has requested the dismissal of charges and for Judge Chutkan to recuse herself due to political bias.

????????JUST IN: Another Trump loss.

Judge Chutkan has just denied Trump’s motion to recuse herself. pic.twitter.com/Te6nwUIWMy

— Republicans against Trump (@RpsAgainstTrump) September 27, 2023

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