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Judge Aileen Cannon (inset left) (U.S. Senate via AP), Brian Butler, “Trump Employee 5,” appears on CNN on March 11, 2024 (CNN/screengrab)
The government witness previously known only as “Trump Employee 5,” a longtime Mar-a-Lago staffer who has known the former president since 2002, went on CNN Tuesday and revealed himself to be Brian Butler because, he said, the judge in the case appears inclined to out witnesses anyway.
Recall that ABC’s Katherine Faulders was in U.S. District Judge Aileen Cannon’s courtroom on March 1 as special counsel Jack Smith repeated his argument that Judge Cannon made a “clear error” when she ruled Smith had not, under a heightened First Amendment standard, “set forth a sufficient factual or legal basis warranting deviation from the strong presumption in favor of public access to the records at issue.” Faulders said Smith appeared to be “visibly shocked” that the judge appeared to be leaning towards naming dozens of government witnesses, even in the face of potential threats to witness safety or a possible appeal from the Special Counsel’s Office.
At one point Judge Cannon asked the special counsel when they would be willing to publish the witness list. Jack Smith looked visibly shocked by the prospect of that list becoming public. Harbach said now is not the time for witness identities to be public
— Katherine Faulders (@KFaulders) March 1, 2024
It seems Smith was not alone in his shock.