(CN) — Special counsel Jack Smith revealed that federal authorities are investigating online threats made against a potential government witness in the Mar-a-Lago case against Donald Trump.
The disclosure came in a motion filed late Wednesday in the District Court of Southern Florida, where the former president is accused of hoarding classified documents after leaving the White House.
Smith asked Judge Aileen M. Cannon, a Trump appointee, to seal an exhibit that detailed “threats that have been made over social media to a prospective government witness” which are the subject of a federal investigation.
“Disclosure of the details and circumstances of the threats risks disrupting the investigation,” he said.
Trump’s defense attorneys told the government they object to any exhibit being filed under seal, but they would not lodge a formal objection until they reviewed the document, according to their motion.
Cannon warned attorneys earlier this week there was a "strong presumption of public access in criminal proceedings" before ordering a motion from January to be refiled with fewer redactions.
Cannon determined certain private information, such as phone numbers and addresses, as well as “signals intelligence sub-compartments,” should remain redacted in the defense's motion to compel discovery. Other information, including witness names, should be made public, however.
Trump’s attorneys have objected to redacting the names of potential witnesses, arguing many of them had been disclosed in the media or in records released under the Freedom of Information Act. A coalition of media organizations, including USA Today and The New York Times, has also argued for more transparency in the case.
Cannon ordered the defense to file a copy of its motion with proposed redactions by Friday. If approved by the judge, the clerk would unseal it.
Harvard Law School Professor Emeritus Laurence Tribe criticized Cannon's decision in a post Tuesday on X, formerly Twitter.
"Hopefully this will trigger a motion to remove her," he wrote. "The 11th Circuit might well agree this was the last straw. Compromising national security is a bridge too far."
It is unclear what impact Wednesday’s motion would have on that decision.
A two-day closed hearing is scheduled to begin Monday to discuss access to classified information in the case.
Defense attorneys told the judge earlier this week they are preparing to file several motions to dismiss the charges, which will include a claim for presidential immunity.
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