Federal Judge Aileen Cannon has set an initial date of Aug. 14 for former U.S. president Donald Trump’s federal trial in Florida on charges he unlawfully retained government documents and obstructed justice, according to a court order on Tuesday.
The latest order came after a U.S. judge on Monday ordered Trump’s defence lawyers not to release evidence in the classified documents case to the media or the public, according to a court filing.
The order from U.S. Magistrate Judge Bruce Reinhart also put strict conditions on Trump’s access to the materials.
The 37-count indictment Trump faces includes alleged violations of the Espionage Act, which criminalizes unauthorized possession of defence information, and conspiracy to obstruct justice, which carries a maximum sentence of 20 years in prison. The charges include references to 31 top secret or secret documents.
The U.S. Justice Department’s special counsel in the case, Jack Smith, said he would seek a speedy trial, but the complexities of handling highly classified evidence, the degree to which Trump’s legal team challenges the government’s pre-trial motions and the way the judge manages the schedule could all lead to a trial that is anything but swift, legal experts say.
“In every case that I had involving classified information, we never had a speedy trial,” Stephanie Siegmann, a former chief of the national security unit of the U.S. Attorney’s Office in Boston, told Reuters earlier this month.
In Espionage Act cases, decisions on pre-trial motions related to classified evidence can be appealed — an extra step that is not usually allowed in most routine criminal cases.
Trump keeps talking
Trump, who announced his campaign for president after officials used a subpoena and then a search warrant to retrieve hundreds of documents, has maintained his innocence in the documents case.
He has made a shifting series of explanations in campaign speeches and interviews — including with Fox News, broadcast on Monday — and has sometimes exclaimed that he had “every right” to retain the documents.
Former U.S. president Donald Trump says there’s no difference between his possession of classified documents and that of current President Joe Biden. Andrew Chang breaks down what Trump is right about — and what he isn’t.
Trump has argued that he declassified the records in question and that his broad presidential powers gave him the authority to disclose or declassify materials. However, the Espionage Act itself does not explicitly require prosecutors to prove that the records themselves were classified.
He has also pointed to classified documents found at two properties belonging to current President Joe Biden. A different special counsel is investigating that matter, though Justice Department guidance has held that sitting presidents can’t be indicted for any crimes while still in the Oval Office.
With respect to the obstruction charge, it is alleged that after he received the subpoena,Trump suggested to his attorney to hide or destroy documents. Former Trump lawyers Evan Corcoran and Tim Parlatore both gave testimony to a grand jury investigating the matter.
Trump is also alleged to have directed an employee — Walt Nauta, who faces a conspiracy charge in the case — to move boxes of documents.
Front Burner26:30Donald Trump pleads not guilty, again
Former U.S. president Donald Trump pleaded not guilty on Tuesday to 37 federal criminal charges that he unlawfully kept national-security documents when he left office and lied to officials who sought to recover them. CBC’s Washington Correspondent Alex Panetta explains the evidence against him and the ramifications of this case for the next presidential election. For transcripts of this series, please visit: https://www.cbc.ca/radio/frontburner/transcripts
Trump, 77, also faces potential legal exposure in Georgia, where a prosecutor in August is expected to reveal decisions on indictments related to Trump’s attempts to overturn the 2020 election result in that state.
In addition, federal officials have been holding grand jury sessions over events between the 2020 election and the Jan. 6, 2021, riot at the Capitol in Washington, D.C., during which a congressional committee heard of attempts by Trump to pressure the Justice Department and his vice-president Mike Pence to overturn his election loss to Biden.
Trump retains significant support among Republicans, according to multiple polls, and it’s not clear if any trials he faces will take place during the upcoming primary season. Trump has promised if elected in November 2024 to “totally obliterate the deep state” and clean out the Justice Department and FBI, which he holds responsible for his legal troubles.