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Judge Aileen Cannon, special counsel Jack Smith

Judge Aileen Cannon (left) during a Senate Judiciary Committee oversight nomination hearing on July 29, 2020 (U.S. Senate via AP), Special counsel Jack Smith (right) speaks about an indictment of former President Donald Trump, Aug. 1, 2023, at a Department of Justice office in Washington. (AP Photo/Jacquelyn Martin)

In a late Wednesday filing supporting the reconsideration of a key ruling, the Special Counsel’s Office reiterated that attorneys for Donald Trump are playing a dangerous game by insisting on naming all witnesses in his Mar-a-Lago prosecution.

Special Counsel Jack Smith called on U.S. District Judge Aileen Cannon to correct her “clear error” and to prevent “a manifest injustice,” writing that there is an “acutely palpable” risk that “harassment and retaliation that would likely follow from the public dissemination” of government witness names and their testimony in the case.

According to Smith, Trump lawyers’ motion to compel discovery led Cannon astray in early February, when she ruled that the Special Counsel’s Office “has not set forth a sufficient factual or legal basis warranting deviation from the strong presumption in favor of public access to the records at issue.”

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