Classified documents trial is postponed
Judge rules for indefinite delay in Trump case
A federal judge postponed indefinitely Tuesday the trial of former President Donald Trump on charges he hoarded classified documents after leaving the White House.
U.S. District Judge Aileen Cannon ruled that finalizing a trial date without first resolving disputes about classified documents “would be imprudent and inconsistent” with preparations to present the case to a jury.
Cannon had tentatively scheduled the trial to start May 20 but removed that date without setting a new one. She said she would set a new date that takes into account Trump’s right to a fair trial and the public’s right to the fair and efficient administration of justice.
Deadlines for written arguments over the classified documents now run to July 22, pushing any trial off for months.
Justice Department special counsel Jack Smith’s office declined comment on the decision.
Steven Cheung, a Trump campaign spokesperson, said the former president has a commanding lead in the polls but Democrats continue to push criminal trials he called “witch hunts” to interfere with the 2024 election.
“President Trump and his legal team will continue to fight and crush the Biden Hoaxes all across the country and the American People will hold Crooked Joe and his comrades to account this Fall,” Cheung said in a statement.
Delay a victory for Trump
The decision is a victory for Trump, who sought to postpone all four pending criminal cases against him until after the 2024 presidential election. Trump contends all of the cases represent election interference and that they are keeping him off the campaign trail against President Joe Biden.
Trump is charged with storing hundreds of documents at his Mar-a-Lago resort after leaving the White House and then conspiring to hide them from federal authorities. Prosecutors charge he violated the Espionage Act because the documents hold some of the country’s most important secrets.
Trump contends as president he could do what he wanted with the records. He has pleaded not guilty.
Cannon’s removal unlikely
Cannon was appointed by Trump and some experts have called for her removal from the case because of moves they’ve described as “insane” and “nuts” − and some of her decisions have been overturned on appeal.
After the FBI seizure of classified records at Mar-a-Lago in August 2022, Cannon ruled that a retired judge called a special master would review the documents for potential personal records. That temporarily prevented investigators from scrutinizing them. The 11th U.S. Circuit Court of Appeals overturned part of Cannon’s order and later halted the special master review.
But experts said scheduling decisions are typically left to the discretion of the trial judge. Bradley Moss, a national security lawyer, said there is little critics could do about Cannon’s decision because she has been careful to avoid decisions that warrant appeals.
Norm Eisen, who served as a House counsel during Trump’s first impeachment, said there was “plenty of blame to go around,” mostly against Cannon, but he questioned why Smith brought the case in Florida.
But Mike Davis, a former clerk to Supreme Court Justice Neil Gorsuch, said an accusation by Trump’s lawyers about prosecutors not sharing evidence appropriately may be part of the reason Cannon postponed the trial.
Trump’s lawyers, Todd Blanche and Christopher Kise, accused prosecutors of failing to keep track of how documents seized at Mar-a-Lago were arranged in boxes.
Calendar remains fluid
Trump faces four criminal trials, including the one underway in New York state court on charges he falsified business records to hide hush money payments to a porn actress before the 2016 election. Trump’s two other cases have run into delays.
Smith also has election interference charges pending in Washington, D.C.
That trial, initially scheduled to start March 4, has been postponed until the Supreme Court decides whether Trump is immune from criminal charges for actions he took while he was president. A potential June decision in that case could push that trial to late summer or even later.
In Georgia, Fulton County Judge Scott McAfee hasn’t set a date for a trial on election racketeering charges.