The federal judge presiding over former President Donald J. Trump's classified documents case on Tuesday formally rescinded his May 20 trial start date, but has little to do before a jury hears the charges. refused to set a new start date, saying there was more to come. .
Judge Eileen M. Cannon's decision to postpone the start of the trial was more or less a foregone conclusion, given the number of legal issues that remain unresolved less than two weeks after the originally set date.
In a short order, Judge Cannon wrote that setting a new date at this point would “eliminate what she described as a “numerous and interconnected” pre-trial issues that she had not yet figured out. “It violates the court's duty to give a full and fair consideration and is imprudent.” To.
They include several of Trump's motions to dismiss pending lawsuits and how to decide what kind of classified information can be released in court under a law known as the Sensitive Proceedings Act. There were many difficult questions surrounding whether to do so.
Trump is charged in the case with unlawfully handling and unlawfully retaining classified materials after he left the White House and obstructing repeated government efforts to recover classified materials from him. Prosecutors said some of the materials found in his possession included military plans and information about the United States' nuclear capabilities.
Judge Cannon initially said he would make “reasonable adjustments” to the timing of the trial backdated to November. And in March, she held a hearing in U.S. District Court in Fort Pierce, Fla., to discuss, among other things, the trial schedule.
Even though Trump's lawyers said on the eve of the hearing that they would be ready to go to trial in August if necessary, Judge Cannon held off on making any further decisions on scheduling until his order Tuesday. There wasn't.
The decision on when to start the trial is important for the judge, but the timing of Trump's classified documents trial and another federal lawsuit in which he is accused of plotting to overturn the 2020 election makes it more difficult than usual. It goes beyond gender.
If the federal trial is postponed until after the November election, and Trump wins, he could order the Justice Department, which has jurisdiction over the case, to drop the charges.
As part of Tuesday's order, Judge Cannon, who was put on the court by Trump in the waning days of his tenure, set a series of hearings and filing deadlines that stretch through the end of July. The timeline she set makes it nearly impossible for the case to go to a jury by August, a deadline that Trump's lawyers had already agreed to.
Throughout the case, Judge Cannon gave Mr. Trump's legal team a wide range of arguments, often granting them hearing on legal claims that many federal judges would have summarily dismissed or decided based solely on written submissions. .
One of the most surprising hearings she included in her newly published calendar was a two-day hearing in late June to determine who should be considered as part of the prosecution team. In January, Mr. Trump's lawyers filed documents in court suggesting a wide range of U.S. national security figures were part of the team, including top intelligence and defense officials.
The point of the move by Mr. Trump's team was to seek additional discovery information about any contacts these officials may have had with prosecutors in Special Counsel Jack Smith's office. Trump's lawyers were trying to beef up their defense strategy, alleging that members of the so-called “deep state” conspired to file a classified documents lawsuit against him.
Judge Cannon also filed a separate lawsuit in late May to consider whether Smith launched a so-called “selective and retaliatory prosecution” against Trump co-defendant Walt Nauta. But a potentially explosive hearing was scheduled. The hearing is likely to include Trump's own claims about selective prosecution. That's because Mr. Nauta, one of Mr. Trump's top aides, included claims of selective prosecution in his own filings.
Reflecting one of Trump's political talking points, the special counsel has unfairly targeted Trump even though other public figures, such as President Biden, have been found to be in possession of classified materials but have escaped prosecution. His lawyers have been claiming for months that he has filed charges. Another important aspect of Judge Cannon's new schedule is the decision to postpone until mid-June the deadline for Mr. Trump's lawyers to submit important documents, including a detailed catalog of classified materials they plan to present at trial. Ta.
This inventory is important because it will ultimately lead to a bitter battle between the defense and prosecution over what kind of confidential material the jury will hear about. This battle involves balancing public access and national security issues. It may take several months to complete.
The initial filing deadline for that inventory was supposed to be Thursday, but late Monday night Judge Cannon suspended that date without selecting a new deadline.
Her decision extended the deadline after Trump's lawyers said they needed more time and raised allegations that Smith's team had not preserved the integrity of the box of documents at the center of the courtroom. The decision was made immediately after the request was made again. case.