Trump's Florida Trial Postponed Indefinitely, Impact on Election Uncertain
Florida trial for Trump's illegal document retention postponed indefinitely, reducing chance of pre-election jury trial in two federal cases.
A judge in Florida has decided to indefinitely postpone the trial of Donald Trump on charges of illegally keeping classified documents after leaving office. The judge's decision significantly reduces the likelihood of Trump facing a jury in either of the two federal criminal cases against him before the U.S. election on Nov. 5.
Trump, who is seeking to regain the presidency, had previously been scheduled to go to trial on May 20 in the documents case brought by Special Counsel Jack Smith. However, both the prosecution and defense had acknowledged that the trial date would need to be delayed.
U.S. District Judge Aileen Cannon, appointed to the bench by Trump in 2020, announced that the trial would no longer begin on May 20 but did not set a new date. Cannon has scheduled pre-trial hearings to run through July 22.
Charges Against Trump
Trump has pleaded not guilty to 40 federal counts accusing him 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.
Smith faces significant obstacles to getting either federal case against Trump to trial before the election. Cannon is yet to rule on several legal issues crucial to the documents case and has signaled support for Trump's defense on some matters.
Separate Case Involving Election Loss
In a separate case brought by Smith involving Trump's efforts to overturn his 2020 election loss, the U.S. Supreme Court seems poised to recognize that former presidents have at least some immunity from prosecution over official actions. This outcome would further delay Trump's election-related case as lower courts determine which allegations against him are covered by that legal shield.
Trump's lawyers have worked to delay all four criminal cases he faces. They argue that a trial in the documents case should not start until after the election. Smith proposed a July start date, while Trump's lawyers suggested an Aug. 12 date in response to an order from Cannon to propose a timeline for the case.
According to George Washington University law professor Randall Eliason, an expert in white-collar criminal cases, "We're in this absolutely unprecedented situation where a defendant is potentially going to have the power to shut down his own prosecution. That's an argument for getting the case to trial before the election."
Other Cases Against Trump
Trump has been on trial in New York state court since April 15 on charges related to hush money paid to porn star Stormy Daniels before the 2016 election. He has also been charged in state court in Georgia over his attempts to overturn the 2020 election. Trump has sought to portray all the legal cases against him as politically motivated. If either federal case reaches a jury before the election, it would likely be in the weeks immediately before Nov. 5, drawing accusations of election interference from Trump's legal team.
Attorney Kel McClanahan, who specializes in national security issues, stated, "Any judge would take pause with the idea of trying a presidential candidate a month before the presidential election."
Potential Outcome
A Trump win in November may mean that neither case ever reaches 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 aggressive deadlines in the Florida case, arguing that the public has a right to a speedy trial. Prosecutor Jay Bratt told Cannon during a hearing 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.
Cannon has denied two bids by Trump to dismiss the charges, but several remain pending. She has also signaled that Trump's claims that the documents were personal records may be relevant to how she instructs the jury at a future trial, a decision that could lead to an appeal by prosecutors and more delays.
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