WASHINGTON — The course of the 2024 presidential election and the fate of the country may be shaped by U.S. District Court Judge Aileen Cannon. On Tuesday, she will preside over a hearing where lawyers will present their arguments on how and when former President Donald Trump will stand trial on charges of amassing classified national security secrets at his private residence.
Taking place at Cannon’s home courthouse in Fort Pierce, Fla., the hearing marks the first time she will oversee the case. Previous court sessions were held in Miami by federal magistrate judges.
Originally intended as an opportunity for attorneys to discuss the handling of voluminous classified evidence, Cannon recently signaled that she will also address the broader trial schedule. This includes determining whether the trial should be delayed until after the 2024 presidential contest, as requested by Trump, or if a relatively expedited trial should proceed late this year, as advocated by the Justice Department.
Here are six key questions surrounding the upcoming hearing, scheduled to begin at 2 p.m. EDT.
1. How will Cannon handle the campaign calendar? The judge, who was appointed by Trump, faces the critical decision of reconciling the trial schedule with the campaign calendar. Trump argues that a fair trial is impossible before the November 2024 election, while the Justice Department asserts that political candidacy should not influence the trial timeline. The department contends that a speedy trial concluding before the end of the calendar year would serve the public interest.
Cannon cannot simply find a middle ground, as any trial extending into 2024 would conflict with crucial dates on the presidential campaign calendar. This forces her to make a choice: align the schedule more closely with the DOJ’s expedited process or continue the trial beyond the campaign cycle, potentially overlapping with a second Trump presidency, if he were to win.
The decision is not merely a matter of timing and convenience, as postponing the trial until after the election could allow Trump to have the case dropped or pardon himself before facing potential jail time.
2. How will Cannon handle Trump’s other legal obligations? Apart from Trump’s political engagements, his legal calendar poses another obstacle to the trial schedule. He is currently embroiled in various legal proceedings that may require his presence in courtrooms across different states throughout the next year.
His business empire is set to face trial in New York in October for alleged fraud. In January, Trump will be the subject of a second civil trial involving writer E. Jean Carroll’s lawsuit. Furthermore, in March, he is due to stand trial on criminal charges in Manhattan related to alleged falsification of business records to conceal hush money payments.
Additional legal challenges loom, including a grand jury investigation into Trump’s alleged attempts to subvert the 2020 election and potential charges by Atlanta-area district attorney Fani Willis for his alleged interference in Georgia’s election results.
While Trump may not be required to attend every civil trial, his testimony may be necessary. In criminal cases, conflicts would be more acute.
Although federal judges have the discretion to override state proceedings, it is a rare occurrence. The upcoming hearing may provide insight into Cannon’s inclination to defer to these other pending cases.
3. Will Trump or his codefendant appear? Initially, Cannon specified that Trump and his co-defendant, Walt Nauta, were not obligated to attend the hearing, and only their lawyers were required to be present. However, with Cannon broadening the scope of the hearing to discuss trial scheduling matters, the defendants’ attendance becomes a more significant issue.
Criminal defendants possess the right to be present throughout the entire process, which may result in the loss of their liberty. When defendants choose not to attend proceedings, judges typically request a signed waiver or oral confirmation. In the case of the trial schedule hearing, no public waiver has been issued.
This hearing also provides the first opportunity for either defendant to directly interact with Cannon, whose involvement in the criminal case has thus far been limited to signed orders and docket entries.
4. Will Smith’s team provide insights into the other federal Trump investigation? As judges prepare for trial, they often inquire with prosecutors about the finality of charges or the possibility of additional indictments. Any hints from special counsel Jack Smith’s team on this matter would be significant. Although prosecutors are unlikely to disclose much about their ongoing investigations into the “fake electors plan” on January 6 and the finances of pro-Trump groups, any indication of charges against Trump could disrupt plans for the classified documents case. Therefore, the judge may seek assurances that such actions are unlikely to occur.
5. Where will the trial be held? All indications point to the federal courthouse in Fort Pierce as the venue for Trump’s trial. However, Cannon has yet to explicitly confirm this location. Holding the trial in Fort Pierce would minimize disruptions at other major federal courthouses in South Florida and likely result in a jury drawn from five counties known to be relatively pro-Trump.
During Tuesday’s hearing, both sides may express their preferences and concerns regarding potential logistical challenges associated with conducting a sensational trial at the typically quiet federal courthouse in St. Lucie County on Florida’s Treasure Coast.
6. What motions do both sides plan? As Cannon narrows down the schedule, she may inquire about the motions each side intends to file in the case. Defense lawyers are expected to challenge specific charges and the legality of Smith’s appointment, arguing that Attorney General Merrick Garland left the special counsel unsupervised, in violation of constitutional requirements for executive branch actions.
While prosecutors usually file more limited motions, they may seek to limit references to politics during the trial. It will also be interesting to hear whether Smith seeks any restrictions on Trump’s public commentary concerning the case or the prosecutors themselves.
Tuesday’s hearing presents an opportunity for prosecutors and defense attorneys to address these key questions, ultimately shaping the trajectory of Trump’s trial on national security secrets charges.
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