Florida Judge to Decide Trial Date in Trump Documents Case

U.S. District Court Judge Aileen Cannon will consider delaying former President Donald Trump’s classified documents case during a scheduling conference on March 1, to determine the eventual timeline for the high-profile court battle.

President Trump was indicted in 2023 on 40 felony charges related to allegedly mishandling classified documents from the time he was in the White House, resulting in an FBI raid on his Mar-a-Lago residence in Palm Beach, Florida. The former president has defended his actions and argues he is protected by the Presidential Records Act.

The current trial date for the case is May 20.

Special Counsel Jack Smith, in a motion filed on Thursday evening, requested a new trial date of July 8 and proposed a schedule for going forward that includes monthly status conferences so the court can ensure deadlines are being met.

“Attached to this pleading is the government’s proposed schedule for going forward, culminating in a new trial date of July 8, 2024,” Mr. Smith’s filing reads.

In a separate filing earlier that day, attorneys for the former president requested that the trial preferably be delayed until after the 2024 election, or alternatively held on Aug. 12.

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“As the leading candidate in the 2024 election, President Trump strongly asserts that a fair trial cannot be conducted this year in a manner consistent with the Constitution,” the filing by his attorneys reads.

President Trump’s attorneys argued that the 6th Amendment affords him the right to be present and to participate in the legal proceedings, while at the same time, the 1st Amendment affords him—and the American people—the right to engage in his campaign speech-making.

Judge Cannon, in November 2023, denied a motion from President Trump’s attorneys to change the trial date but said she would consider a delay at a scheduling conference on March 1. She also decided to set new pre-trial deadlines for the case due to the “high volume” of classified documents to be examined in the discovery process.

The scheduling conference to decide on delaying the classified documents trial is set to begin at 10 a.m. at the Fort Pierce Courthouse in Fort Pierce, Florida.

He was indicted along with two co-defendants—his aide Walt Nauta and Mar-a-Lago property manager Carlos De Oliveira—who also face charges for allegedly hiding and mishandling classified documents at the former president’s Florida residence.

Special counsel Jack Smith is leading the prosecution in both the classified documents case in Florida and the case regarding President Trump’s actions on Jan. 6, 2021, in Washington.

She added that “Defendants’ personal review of the contents of the classified documents are not ‘useful to counter the government’s case or bolster a defense.’”

“Defendants Nauta and De Oliveira still fail to provide any examples of documents produced in classified discovery that—if made available to them for personal review—would be helpful in countering the allegation that they conspired to help Defendant Trump ‘keep classified documents he had taken with him from the White House’ and ‘hide and conceal them from a federal grand jury,’” the judge said.

The defendants argued in previous court filings that some of the requested documents relate to pursuing a defense based on “selective and vindictive prosecution.”

They presented emails released through the Freedom of Information Act (FOIA) that allegedly showed the White House coordinating with the Department of Justice (DOJ) on the court case. Defense attorneys are seeking additional materials through court discovery to have the case dismissed.

Prosecutors responded on Feb. 26 that the defendants’ arguments amount to a “conspiracy theory” and that they have thus far failed to provide “clear and convincing evidence.”

Jury Questionnaire Dispute

Most recently, prosecutors and defense attorneys finished creating a joint jury questionnaire and submitted it to the court on Feb. 28, establishing what questions will be asked of prospective jurors in the classified documents case.

Both sides disagreed on the list of questions. Prosecutors wanted it to stay filed under seal until after jury selection, saying that revealing questions in the high-profile case would be similar to giving out answers before a test.

Defendants argued it should not be filed under seal and should be accessible to the public.

Prosecutors objected to questions gauging jurors’ feelings towards police, law enforcement, and the criminal justice system, while the defendants objected to questions asking jurors if they believed the 2020 U.S. presidential election was stolen.

The final jury questionnaire—and the questions it will contain—is still to be determined.

Catherine Yang, Jack Phillips, and Caden Pearson contributed to this report.