A federal judge pressed special counsel Jack Smith on Monday to explain why he used a D.C. grand jury to investigate the Florida-based case against former President Donald Trump for mishandling of classified documents.
U.S. District Judge Aileen Cannon is based in South Florida, where Mr. Smith filed an indictment against the former president and where the trial is expected. But the charges were brought based on the recommendation of a grand jury in Washington, causing Judge Cannon to question whether the move was constitutional.
In a brief order, Judge Cannon ordered prosecutors to “address the legal propriety of using an out-of-district grand jury proceeding to continue to investigate and/or seek post-indictment hearings on matters pertinent to the instant indicted matter in this district.”
Judge Cannon’s order was in response to the special counsel’s request for a hearing to examine a potential conflict of interest for an attorney for Walter Nauta, a Trump aide who has also been charged in the case.
Mr. Smith’s team must reply by Aug. 22.
Through a Washington-based grand jury, Mr. Smith has filed criminal charges against Mr. Trump, Mr. Nauta and Carlos De Oliveira, an employee at Mar-a-Lago, in Florida.
Judge Cannon also denied Mr. Smith’s request to keep two filings sealed, saying prosecutors “plainly fail to satisfy the burden of establishing a sufficient legal or factual basis to warrant sealing the motion and supplement.”
Mr. Trump is accused of 40 counts, including willful retention of national defense information, conspiracy to object to justice, and false statements. He has pleaded not guilty to the charges.
Mr. Nauta is charged with six counts, including conspiracy to obstruct justice, while Mr. De Oliveira is accused of hiding security footage of workers moving the classified documents.
• Jeff Mordock can be reached at jmordock@washingtontimes.com.
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