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I was in the courtroom on Tuesday during former President Donald Trump's arraignment in Miami. As I sat on the defense side of the room, three observations stood out to me:
1.) Trump lawyer Todd Blanche not only whispered to Trump during the hearing but frequently talked to Walt Nauta, Trump's co-defendant in the classified documents indictment, directly or to Nauta and his lawyer together. That’s highly unusual.
2) When the hearing ended, all of the U.S. Secret Service personnel sitting in the two rows directly behind the defense table stood up to flank Trump and then they surrounded him to escort him out. But rather than simply look ahead and leave, Trump turned around and stared down all of the people in the courtroom, scowling and seemingly scanning for someone he knew.
3) As Trump left, Nauta left with him, falling into the line of agents trailing him. It was as if he flipped a switch and went from being a co-defendant to resuming his duties as Trump’s aide in a heartbeat.
Also, as I predicted in MSNBC's "Morning Joe" this morning, even though federal prosecutors did not recommend many of the usual conditions of release (e.g., limits on foreign or domestic travel, confiscation of his passport, prohibition on firearm possession, limits on contact with co-defendants, victims, witnesses), Magistrate Judge Goodman was very concerned about Nauta and Trump’s ongoing communications.
Goodman flagged that ordinarily, the practice in the Southern District of Florida is to prohibit communications between co-defendants, but here, because Nauta works for Trump and on a daily basis, that condition would not be practicable or just.
Instead, Goodman initially recommended that the DOJ develop a list of witnesses with whom Trump should have no contact whatsoever and that Trump and Nauta could not communicate about the case except through their respective counsel.
Blanche pushed back hard on that, emphasizing that he did not know who the DOJ’s witnesses are, but that he understands many of them are people employed by Trump or in his orbit, as is the case with multiple members of his protective detail who testified and/or folks on his campaign staff.
Blanche also insisted that all of the witnesses he is aware of have counsel so that if Trump did cross the line, their lawyers would be free to contact any of the 13 lawyers with the special counsel who were in court, including the special counsel himself, Jack Smith.
Ultimately, after a lengthy back and forth, the judge determined that the DOJ will develop a list of witnesses with whom Trump and/or Nauta may not communicate about the facts of the case unless through their counsel. For the special counsel, lead lawyer David Harbach represented that list would certainly consist of fewer than all known witnesses or even those they expect to testify at trial.