Suddenly, Donald Trump cares about witness safety and privacy in his court cases, but only when it comes to his January 6 case.
On Tuesday, Trump’s legal team filed a motion demanding Judge Tanya Chutkan redact even more of Jack Smith’s dossier against him in the federal election interference case. As Smith has compiled and submitted new evidence of the former president’s work to overthrow the 2020 election, Trump’s lawyers have asked the special counsel for redactions of “identity-related information” and “sensitive witness statements” before it is released to the public.
In their court filing, Trump’s lawyers accuse Smith’s office of politicizing the trial with disregard to witness safety and anonymity. “The Office believes President Trump’s Constitutional rights to impartial jurors and fair proceedings—to say nothing of witness privacy and even safety—all take a back seat to the Office’s political goals.”
This motion comes after Smith submitted a new, still-sealed brief on Trump’s actions in 2020, following the Supreme Court’s controversial presidential immunity ruling. The brief, with previously unseen evidence, is designed to convince Chutkan, and any higher courts, that the former president should still face justice for attempting to overturn the election.
Smith asked Chutkan to allow the public to see a redacted version of the brief. To be clear, Smith is not asking for the witnesses be named outright but rather is asking that the public be able to see the broad strokes of his brief. As expected, Trump’s team is yelling election interference.
“The Office wants their politically motivated manifesto to be public, contrary to the Justice Manual and longstanding DOJ norms in cases not involving President Trump, in the final weeks of the 2024 Presidential election while early voting has already begun throughout the United States,” Trump’s lawyers wrote in their filing.
Interestingly, Trump didn’t seem to care about safety when he unleashed his followers on witnesses and courtroom staff in his New York fraud case. Earlier this year, he also asked Judge Aileen M. Cannon if he could out some of the witnesses in his classified documents case. The threat of being identified caused one witness to preemptively come forward for their own safety.
It’s fair to say from Trump’s response, his team does not want these statements and evidence to see the light of day.