Does anyone have thoughts on what happened in the Stolen Documents case today? Judge Cannon denied AND struck a motion by the prosecutors to file certain things under seal and then required the parties to submit briefs on: "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."
So it's an issue neither party has even raised, and then Cannon inserted it into an unrelated motion about co-defendant Nauta's lawyer's possible conflict of interest. My first take is that Cannon is going of the rez again, like she did in the subpoena cases when she halted the DOJ investigation until the 11th circuit reversed her ("We cannot write a rule that allows any subject of a search warrant to block government investigations after the execution of the warrant. Nor can we write a rule that allows only former presidents to do so.").
It doesn't seem like it's any of a judge's business where prosecutors conduct grand jury investigations, even if they are related to the current case before the judge. And if the prosecutors say documents are confidential and need to be sealed, the judge can either agree or disagree with them, but what does where the grand jury is from have to do with that? Can she bar evidence because it's from out of state grand juries? Sounds completely nuts, but that may be where she is headed with this. I don't claim to know what this is about, though.