Jack Smith may be prevented from using evidence against President Trump included in files from a grand jury investigation, which were transferred to Trump’s classified documents case this week, a former prosecutor has explained.
In 2023, a Washington, D.C., grand jury listened to testimonies from various witnesses, among them Trump's attorney, Evan Corcoran. The jury was deliberating whether to pursue charges against the former president and others for the alleged accumulation of classified documents.
Following the grand jury proceedings, Trump and his co-defendants faced indictment in Florida. Pursuant to federal regulations, the grand jury records were subsequently transferred to the jurisdiction of Judge Aileen Cannon, who was appointed by Trump.
Special Counsel Smith announced on Monday that the grand jury files from the Washington, D.C., court had been transferred to Judge Cannon's jurisdiction.
According to Smith's court filing on Monday, the sealed Washington, D.C., order permits the resolution of public disclosure of certain pleadings and other materials arising out of a grand jury matter in the District of Columbia. This grants Judge Cannon the authority to release grand jury testimony if she deems it to be in the public interest.
Smith emailed his proposed redactions of the documents to the judge and the defense counsel on Monday. The fact that he is seeking only redactions, rather than the complete retention of the grand jury documents, indicates that they are likely to be released to the public.
Bill Shipley, a former prosecutor, noted that the transfer grants Judge Cannon control over the grand jury testimony. This move could potentially benefit Trump, as Cannon is not obligated to adhere to any decisions made by the Washington, D.C., court.
He wrote on X that because the case wasn't going to be prosecuted in D.C., the rulings made as part of the grand jury investigation are not binding on Cannon.
Shipley suggested that Judge Cannon could choose to exclude Corcoran's grand jury testimony if she deems it to have violated attorney-client privilege.
On March 24, 2023, Corcoran was compelled to testify before the grand jury investigating classified documents in Washington, D.C. This marked his second appearance before the panel.
Corcoran was summoned to provide testimony due to a letter he authored in June 2022, sent to the Department of Justice, affirming a “diligent search” for classified documents. Alongside the letter, he submitted over 30 documents bearing classified markings discovered on Trump property.
Shipley further noted that aside from potentially excluding Corcoran's testimony, Judge Cannon holds the authority to prevent prosecutors from utilizing “any evidence she deems was obtained in an improper manner.”
