Judge Aileen Cannon's latest order in Donald Trump's classified documents case may be a disappointment to Justice Department special counsel Jack Smith.
Cannon is the federal judge overseeing the trial in Smith's case charging the former president with mishandling classified documents taken to his Mar-a-Lago residence in Florida. On Wednesday, she issued a paperless order with a deadline for Trump to reveal which of the files he plans to use in his defense.
She set the deadline for May 9, nearly seven weeks before July 8, Smith's proposed trial date. The deadline raises doubts about whether the trial will begin in July, potentially resulting in another delay in its start.
Smith's 40-count case accuses Trump of illegally hoarding classified documents at Mar-a-Lago and resisting federal efforts to get them returned. The presumptive GOP presidential nominee has pleaded not guilty to all charges and has accused the Justice Department of targeting him for political purposes.
Cannon's order reads: "On or before May 9, 2024, Defendants shall file Rule 16 expert disclosures and any defense CIPA Section 5(a) written notice based on classified discovery produced to date."
The order continues: "The Section 5(a) notice shall be sufficiently detailed and cover both documentary exhibits and anticipated oral testimony. Standard rules regarding classified filings with the Court apply, as set forth in the CIPA protective orders."
CIPA refers to the 1980 Classified Information Procedures Act, which covers the discoverability and use of classified information in criminal trials.
A Justice Department spokesperson declined to comment on Cannon's order when reached by Newsweek by email.
Critics have accused Trump of trying to push back the start of his two federal trials (the other concerns his efforts to overturn the 2020 election results) until after November's election. If he is reelected, he could order federal charges against him dropped.
Hugo Lowell, a political investigations reporter for The Guardian, explained on X (formerly Twitter) why the deadline may be bad news for Smith.
"Special Counsel proposed March 18 deadline for Trump to file his Sec 5 notice, in order to get to a July 2024 trial. No way that is happening now, given deadline is 7 weeks later. But she also didn't give Trump the June 17 deadline he wanted — so no 11th Circuit ammo either," he wrote.
Interactions between Cannon and Smith have grown tense, as the judge faces mounting criticism of her handling of the case. Critics have suggested her rulings have been too favorable toward Trump, allowing him to push back the trial's start, and have suggested she should be removed from the case.
Tensions increased earlier this month when Smith criticized Cannon's jury instructions. She said they may consider whether Trump has a legal right under the Presidential Records Act to declare presidential records as personal property after leaving office.
Smith wrote that these directions "rest on an unstated and fundamentally flawed legal premise" in a new court filing this week," sparking questions about whether he may move for her removal from the case.
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Andrew Stanton is a Newsweek weekend reporter based in Maine. His role is reporting on U.S. politics and social issues. ... Read more
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