Judge Cannon questions use of out-of-state grand jury in Mar-a-Lago investigation

Judge Aileen Cannon on Monday asked the Justice Department to explain its use of an out-of-state grand jury in the Mar-a-Lago case. 

The demand came in response to a duo of filings submitted under seal, which Cannon directed a clerk to strike from the docket. 

The Justice Department “shall address 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,” she wrote.

While the Mar-a-Lago case is being handled out of her Fort Pierce, Fla., courtroom, much of the grand jury work ahead of the indictment was conducted through a Washington, D.C., grand jury.

The order comes as special counsel Jack Smith has requested a conference with former President Trump co-defendant Walt Nauta, warning that his attorney in the matter, Stanley Woodward, may not be able to provide sufficient representation. Trump noted that Woodward is representing other witnesses in the case.

The DOJ is requesting a so-called Garcia hearing with Woodward’s clients “to inform them of potential risks and inquire into possible waivers,” noting that the court could provide an additional independent counsel to Nauta to assess whether he is being fairly represented by Woodward.