Due to the deliberate pace set by Judge Aileen Cannon, a Trump appointee, a May 2024 trial appears increasingly uncertain in the high-stakes legal drama surrounding Donald Trump’s classified documents case. Critics argue that the judge’s methodical approach, which includes subtle delays and rejection of key deadlines, may have far-reaching consequences, affecting not only the trial but also other legal battles involving the former president.
As legal observers question Cannon’s motivations, the broader political and legal landscape surrounding Trump’s potential courtroom confrontation remains in limbo.
The trial, which is set to begin in May, implicates Trump of keeping national security secrets and obstructing the government’s efforts to retrieve classified documents from his Florida estate after he left office. The speed with which Judge Cannon is handling the pretrial process, on the other hand, suggests a possible postponement, with implications that could reverberate across the political landscape, as reported by Politico .
Legal observers have noted Cannon’s deliberate and methodical approach from the start, creating an environment in which a May 20 trial appears increasingly unlikely. While officially adhering to the trial date, Cannon has been accused of subtly delaying the proceedings through technical rulings and a leisurely resolution of simple issues.
Aileen Cannon is a prime example of the dangers of politicizing the judicial system. Authoritarian leaders stack the courts with judges whose priority is supporting them and not the law. The classified documents case is in danger of a death by a thousand cuts. pic.twitter.com/stE1MvqaC0
— Geoff 🗽🇺🇸⚖️🏳️🌈🗽 (@GeoffBrown82) November 16, 2023
The Classified Information Procedures Act (CIPA), a complex legal framework governing the handling of classified evidence, is one significant factor contributing to the delays, per The Guardian . The trial involves charges that Trump obstructed the government’s access to records, which is complicated by the sensitive nature of the evidence. Cannon’s lack of experience with CIPA cases, combined with practical issues such as the lack of a facility to store classified information, has added layers of complexity to an already complex legal process.
Judge Tanya Chutkan, who is overseeing another federal case against Trump related to election interference, has adopted a very different approach. Chutkan, an Obama appointee, is adamant about sticking to the schedule, arguing that Trump’s political schedule should not affect trial deadlines. This difference in judicial styles complicates the legal landscape surrounding Trump even further.
In the classified documents case in Florida, the DOJ is doing everything in its power to expedite the trial, but the court has been reluctant of any efforts to speed up the case. Making the May 20 trial date virtually impossible, Judge Aileen Cannon should recuse. #DemVoice1 pic.twitter.com/WzL4ikihH8
— Democrats (@demvoice1) November 24, 2023
The potential delay in the classified documents trial has serious political ramifications, especially if it extends into the November election. If the trial continues and Trump wins, there are fears that he will use his presidential powers to end the case. Even a shorter delay could clash with critical political events like the Republican National Convention or the height of the general election campaign.
Critics argue that Judge Cannon’s actions, such as postponing key pretrial deadlines and taking a long time to resolve issues, indicate a deliberate attempt to delay the trial without officially announcing it. The judge’s rejection of a request to set a deadline for Trump to submit classified information for trial, pushing it back until at least March 1, 2024, adds to the suspicion.
Judge Aileen Cannon & friend at outdoor event. This shot has been circulating for a long time. Cannon’s a fan of Team Trump. We all know that. She was overturned for appointing a Special Master for Trump early in his pending case! She was said to be unqualified! Now Cannon is… pic.twitter.com/3anodNBYlu
— MA Posner💙 (@POSNERMA) November 23, 2023
Former CIA lawyer Brian Greer has expressed doubts about the trial on May 20, implying that the court’s signals point to a slow and methodical process. Former DOJ national security prosecutor David Aaron agreed, saying a May trial is unlikely “unless a lot of discipline is imposed.”
As legal experts predict more delays and pre-trial disputes, the prospect of further clashes looms. Trump’s plan to request additional evidence from the National Archives and Records Administration raises the prospect of lengthy litigation over the relevance and admissibility of such evidence. With three defendants in the case, each of whom has the right to file motions, the legal landscape becomes even more complicated.
Breaking: Judge Cannon’s bias is showing over and over again. Smith has to be weighing whether, when, and how to seek her reversal by the Ct of Appeals and her removal. https://t.co/6bmT6dqwSN
— Andrew Weissmann (weissmann11 on Threads)🌻 (@AWeissmann_) November 16, 2023
Judge Cannon’s perceived bias has not gone unnoticed. Salon reported that Former Mueller deputy Andrew Weissmann, among others, has accused her of being “in the bag for Trump.” Some legal experts go even further, claiming she is a “full-fledged member of Trump’s defense team” and calling for her impeachment.
The slow progress in the classified documents case, in the broader context of Trump’s legal battles, creates uncertainty for other trials in Washington, Atlanta, and New York. According to legal analysts, the delay tactic may leave other judges presiding over Trump’s cases in limbo, unsure of how to proceed in the absence of a firm trial date.