After upholding Special Counsel Jack Smith’s motion to protect the names and personal information of witnesses identified in Trump co-defendant Walt Nauta’s FBI interview, Florida federal Judge Aileen Cannon ordered a redacted version of Nauta’s interview transcript.  Concerning the grand jury testimony, the judge says that “presumably” the transcript is protected under existing law–something the judge herself should state affirmatively, not “presume.”

With respect to the substantive statements contained in Defendant Nauta’s FBI interview, the Court reaches a different conclusion. For similar but even stronger reasons than those articulated in the Court’s recent Order applying Rule 16 438 –and after balancing the parties’ asserted interests in this case of significant public concern–the Court finds the Special Counsel’s sweeping request and generalized rationales inadequate to overcome the public’s common-law interest in access to these materials. [Citations removed.] Accordingly, Defendant Nauta may attach his FBI interview transcript but shall (for the reasons stated previously) redact the names of any potential government witnesses and ancillary names where referenced therein. The final item of redaction implicated in the Motions is the transcript of Defendant Nauta’s grand jury testimony taken on June 21, 2022. For now, Defendant Nauta shall file that transcript under seal in its entirety because presumably it remains subject to protection under Fed. R. Crim. P. 6(e). The parties shall be prepared, however, to present argument at the hearing on the need for continued sealing of that transcript given the Special Counsel’s partial use of that transcript in a public motion 381, and any other factors related to the need for continued secrecy under the circumstances.

In a separate order, Cannon set a May 9th date for the submission of lists of experts each side may use or call as witnesses, as well as the classified documents Trump may want to use as evidence.