In a recent development, Judge Aileen Cannon has rejected a motion by Donald Trump to postpone a 2024 trial over the documents case. Despite the initial refusal, subsequent delay of deadlines may affect the scheduled trial date, making it far from certain it will proceed as planned. Notably, a hearing under § 4 of the Classified Information Procedures Act (CIPA), originally set for October 17, if required, was moved to February 15 and 16, a move that could lead to a long dispute over classified documents.
Legal expert Roger Parloff of Lawfare notes on Twitter that the rescheduled hearing suggests Judge Cannon is readying for an extended argument over classified documents that Trump has allegedly pilfered and stowed away at Mar-a-Lago. If true, this lets Trump engage in exactly the kind of “graymail” that CIPA was developed to prevent.
For context, CIPA § 4 establishes a dance of ex parte proceedings when the government wants to withhold classified evidence from the defense. However, a recent order by Judge Cannon seems to test this provision, suggesting that this battle may only be “potentially on an ex parte basis.” This approach stands in contrast to Judge Tanya Chutkan’s handling of the election interference case in DC, where she rejected an attempt by Trump to interfere with the § 4 hearing.
Last week’s ruling involving co-defendants Walt Nauta and Carlos De Oliveira further confirmed the speculation around Judge Cannon’s strategy to allow Trump to use CIPA as a delay mechanism. The decision mandated the government to argue against revealing each classified document to Trump’s two associates through the CIPA § 4 process, thereby extending the case potentially.
Despite the aforementioned details and the credibility given to Trump’s complaints about the magnitude of discovery, it’s important to note that this case’s future course remains heavily speculative and uncertain, pending further developments and court directives.