Trump documents trial start delayed indefinitely, judge orders

Andrew Goudsward reports for Reuters that a judge in Florida has decided to indefinitely postpone Donald Trump’s trial on charges of illegally retaining classified documents after leaving office. This decision significantly diminishes the likelihood of Trump facing a jury in either of the two federal criminal cases against him before the November 5 U.S. election.

In the documents case brought by Special Counsel Jack Smith, Trump, aiming to reclaim the presidency, was previously scheduled to stand trial on May 20. However, both the prosecution and defence had acknowledged that the date would need to be postponed.

U.S. District Judge Aileen Cannon, appointed to the bench by Trump in 2020, announced on Tuesday that the trial would not commence on May 20 as previously scheduled. However, she did not set a new date. Cannon instead scheduled pre-trial hearings to continue through July 22.

Trump has pleaded not guilty to 40 federal counts, including accusations of retaining sensitive national security documents at his Mar-a-Lago estate in Florida after leaving office in 2021 and obstructing U.S. government efforts to retrieve them.

Trump, the Republican candidate, is challenging Democratic President Joe Biden, who defeated him four years ago. Special Counsel Jack Smith faces significant hurdles in getting either federal case against Trump to trial before the election. Judge Cannon has yet to rule on several legal issues crucial to the case of the document and has supported Trump’s defence on some matters.

In a separate case brought by Smith involving Trump’s attempts to overturn his 2020 election loss, the U.S. Supreme Court appears inclined to acknowledge that former presidents have at least some immunity from prosecution over official actions. This outcome further delays Trump’s election-related case as lower courts determine which allegations against him fall under that legal shield.

Trump’s legal team had argued that a trial in the documents case should not commence until after the election. However, they also suggested an August 12 date in response to an order from Judge Cannon to propose a timeline for the case. Smith, on the other hand, proposed a July start date.

Andrew Goudsward’s report for Reuters highlights the legal challenges faced by former President Donald Trump, including the postponement of his trial in Florida on charges of illegally retaining classified documents after leaving office. The trial delay significantly reduces the likelihood of Trump facing a jury in the two federal criminal cases against him before the November 5 U.S. election.

U.S. District Judge Aileen Cannon, appointed by Trump in 2020, announced the indefinite postponement of the trial, initially scheduled for May 20. The judge did not set a new date but scheduled pre-trial hearings through July 22.

Trump, seeking to regain the presidency, was previously scheduled to go to trial on May 20 in the case of the document brought by Special Counsel Jack Smith. The prosecution and defence acknowledged that the date would need to be delayed.

The delay in Trump’s trial is part of a broader effort by his legal team to postpone all four criminal cases he faces. The charges in the Florida case include violations of the Espionage Act, conspiracy to obstruct justice, and making false statements to investigators. Trump has portrayed all the legal cases against him as politically motivated.

Legal experts, including George Washington University law professor Randall Eliason, have noted the unprecedented nature of a defendant potentially having the power to shut down his prosecution. Eliason argues that this is an argument for getting the case to trial before the election.

Trump’s trial in New York state court, which began on April 15, focuses on charges related to his alleged concealment of hush money paid to porn star Stormy Daniels before the 2016 election. He also faces charges in state court in Georgia over his efforts to overturn the 2020 election results.

In an April Reuters/Ipsos poll, nearly a quarter of Republican respondents and more than half of independents indicated they would not vote for Trump if a jury convicted him of a felony.

Suppose either federal case reaches a jury before the election. In that case, it will likely be in the weeks before November 5, an outcome that will surely draw accusations of election interference from Trump’s legal team.

“Any judge would pause with the idea of trying a presidential candidate a month before the presidential election,” said attorney Kel McClanahan, who specializes in national security issues and has represented intelligence community members.

However, if Trump wins in November, neither case may ever reach a jury. As president, Trump could direct the Justice Department to drop the federal charges or seek to pardon himself.

Smith’s team has pushed for aggressive deadlines in the Florida case, arguing that the public has a right to a speedy trial. During a hearing, Prosecutor Jay Bratt told Judge Cannon that an autumn trial would not violate Justice Department guidelines that prohibit taking investigative steps close to an election that could impact the outcome of the vote.

Judge Cannon has denied two of Trump’s bids to dismiss the charges, but several remain pending. She has also signalled that Trump’s claims that the documents were personal records may be relevant to how she instructs the jury at a future trial. This decision could lead to an appeal by prosecutors and more delays.