What should have been a routine order to move the classified documents’ case along, it resulted in Judge Cannon striking two of the prosecutor’s filings. The Special Counsel’s team requested what is called a ‘Garcia Hearing‘ to address potential unwaivable conflicts of interest with Donald Trump’s political action committee paying for the same lawyer, Stanley Woodward, to represent co-defendant Waltine Nauta and at least three other fact witnesses who could give testimony against Trump and Nauta. Special Counsel Jack Smith’s team requested to file certain evidence about these conflicts of interests under seal (meaning confidential to the public, but not to the parties) because of grand jury secrecy.
A quick definition of Garcia hearing:
A Garcia hearing is a legal proceeding that ensures a defendant, who is one of two or more defendants represented by the same attorney, understands the risk of a conflict of interest. This type of hearing also informs the defendant that they have the right to an attorney who does not represent anyone else in their case. The hearing is held to protect the defendant’s rights and ensure fair representation in court.
In her ruling, Judge Cannon stated, “grand jury secrecy” alone was not sufficient basis for the filing to be under seal and in the process revealed that an “out-of-district grand jury” was still receiving evidence against the forever disgraced, former president post-indictment. She demanded an explanation of “the legal propriety of using an out-of-district grand jury proceeding to continue to investigate and/or to seek post-indictment hearings on matters pertinent to the instant indicted matter in this district.”
In the footnote of her ruling, Cannon reminded TFG that nothing in her order would waive his right to file a motion to dismiss the indictment at a later time pursuant to Federal Rule of Criminal Procedure Rule 12(b), seemingly inviting a motion to dismiss.
Based on previous court filings, it appears Special Counsel Jack Smith had already revealed his request for a Garcia Hearing and that the Grand Jury continues to investigate TFG’s numerous, alleged crimes. It’s not certain if Smith will appeal the judge’s ruling to 11th Circuit Court of Appeal, which in the past had admonished Judge Cannon and struck down her illegal attempt to assert jurisdiction over the Mar-a-Lago search warrant back in 2022. In one of the very few criminal cases Cannon presided over, she “failed to swear in a jury and violated the constitutional rights of a criminal defendant by locking the defendant’s family out of the courtroom, depriving the defendant of the right to a public trial.”
Read Juge Cannon’s Ruling:
