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 classified documents, while Mr. Trump’s legal team urged another federal judge in Washington to limit the prosecutor’s bid to muzzle him.
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 classified documents, while Mr. Trump’s legal team urged another federal judge in Washington to limit the prosecutor’s bid to muzzle him.
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.
Mr. Trump is seeking a change of venue from Washington in the broader criminal case brought by Mr. Smith on charges that the former president tried to overturn the results of the 2020 presidential election. Mr. Trump says he will not receive a fair trial in the Democrat-dominated District.
In that case, lawyers for Mr. Trump asked a federal judge Monday to limit Mr. Smith’s bid to prevent the former president from publicly discussing evidence before a trial. The Trump team said Mr. Smith’s request to muzzle the former president is “overbroad” and would violate Mr. Trump’s First Amendment rights.
The legal brief said the Justice Department’s prosecution is taking place amid the campaign for the presidency in 2024, in which Mr. Trump is the GOP frontrunner.
The brief also noted that President Biden himself has made veiled references to the prosecution of his likeliest rival.
“In a trial about First Amendment rights, the government seeks to restrict First Amendment rights,” Mr. Trump’s lawyers wrote. “Worse, it does so against its administration’s primary political opponent, during an election season in which the administration, prominent party members, and media allies have campaigned on the indictment and proliferated its false allegations.
