Catherine Rusoff
washington — A federal judge has indefinitely postponed the trial of former President Donald Trump’s confidential documents in Florida.
In a Tuesday order, U.S. District Court Judge Aileen Cannon cited issues surrounding pretrial motions and confidential evidence in the case. The test start date was originally scheduled for May 20.
Cannon wrote that “finalizing a trial date at this time… would be reckless and inconsistent with the Court’s duty to fully and fairly consider the various pretrial motions pending before the Court, critical [Classified Information Procedures Act] additional pretrial and trial questions and preparations necessary to present this case to a jury.
The delay comes amid an ongoing dispute between Trump’s legal team, his co-defendants and special counsel Jack Smith over the placing of confidential records as evidence. Trump’s lawyers have alleged in recent days that markers for confidential records he is accused of mishandling were not properly placed in evidence boxes.
The special counsel last week noted the discrepancy and revealed in the past that the documents were examined by relevant agencies in the intelligence community. The defendants say the discrepancies raise questions about the investigation.
The special counsel declined to comment.
Cannon’s long-awaited scheduling order came more than two months after she heard arguments from legal teams representing Trump and special counsel Jack Smith. The former president’s lawyers urged her to avoid taking the case to trial until after the next presidential election in 2024, but also conceded that if Cannon decided to move forward, August or September would be viable. Prosecutors said they would be ready for trial in July.
“The only thing the parties can agree on is that this case can be tried this summer,” Deputy Special Prosecutor Jay Bratt argued in court in March. Cannon referred to some of the pretrial deadlines proposed by the Justice Department as “unrealistic” and said he needs space in the case to “allow flexibility.”
At the same hearing, Trump’s lawyer, Todd Blanche, responded that the former president’s civil fraud trial in New York, which began on April 15, would mean that Trump “cannot effectively prepare for this trial until July.” .
Blanche argued that the “easy solution” would be to begin the trial of the documents in late November, after the election, to avoid “driving ourselves almost into a frenzy.” Trump’s team argued it was a form of “election interference” to bring the case to trial in the fall. Prosecutors rejected that claim, telling Cannon that Justice Department guidelines against filing charges close to an election do not apply to the trials themselves, which are under the jurisdiction of the courts.
Smith brought charges against Trump and two co-defendants — aide Walt Nauta and former Mar-a-Lago employee Carlos de Oliveira — in a broad indictment alleging that Trump improperly handled several documents with confidential markings and worked with his aides to obstruct the subsequent federal investigation.
All three have pleaded not guilty and denied any wrongdoing.
Smith also charged Trump with four counts in Washington, D.C., stemming from his alleged effort to prevent the peaceful transfer of power after the 2020 presidential election. Trump has also pleaded not guilty in that case.
Scott MacFarlane contributed to this report.
