New court documents reveal that Judge Aileen Cannon is set for a meeting with Donald Trump’s legal team on February 12.
The Mar-a-Lago Legal Maze
Cannon, who serves as a federal judge in Florida, is overseeing the trial of the ex-president, centered on accusations of mishandling classified documents found at his Mar-a-Lago property in Palm Beach.
Inside the DOJ’s Trump Investigation
Initiated by the Department of Justice and Special Counsel Jack Smith, the case had its last hearing with Judge Cannon on January 31 to review various aspects.
Trump’s 31 Charges
Trump faces 31 charges of intentionally holding national defense information and single charges of conspiracy to obstruct justice, withholding records, corrupt concealment of documents, hiding documents in a federal probe, a plan to hide, and making false statements.
The 37-Count Challenge
Former President Donald Trump entered a not-guilty plea in June, facing a 37-count indictment concerning his handling of classified materials. This followed prosecutors’ claims that Trump persistently refused to surrender hundreds of documents with classified content, ranging from U.S. nuclear secrets to national defense details.
He is also accused of obstructing the government’s efforts to retrieve these documents.
The Hunt for Classified Files
The quest to recover the documents started in early 2022 when the National Archives recovered 15 boxes of presidential records from Trump’s Mar-a-Lago residence, which he reportedly took inappropriately.
Trump later received a subpoena for the return of additional documents that he was alleged to still have.
June’s Mar-a-Lago Visit
A June visit to Mar-a-Lago by federal agents sought additional materials, after which Trump’s lawyer signed a statement declaring that all classified documents had been returned.
Yet, a subsequent FBI raid in August at the estate revealed over 100 more documents with classified markings, previously unreturned.
A Critical Meeting
The upcoming “ex parte” hearing on February 12 is connected to the Classified Information Procedures Act (CIPA) motions that the DOJ filed back in December.
Push to Restrict Trump’s Access
Recently, government lawyers presented their argument to Judge Cannon, advocating for the restriction of certain classified materials from Trump and his co-defendants, Walt Nauta and Carlos De Oliveira.
CIPA: A Game Changer in Trump Trial?
CIPA, a law detailed on the DOJ’s website, permits the government to limit a defendant’s access to classified evidence to prevent sensitive government information from being disclosed.
This applies both to cases where the government uses classified information and when a defendant wants to use such information in their defense.
Crucial Day in Court
The schedule for February 12 includes a morning-to-afternoon session (9:30 a.m. to 2 p.m.) for Trump’s defense counsel to present arguments, potentially without Nauta and De Oliveira present, followed by an afternoon session (3 to 5 p.m.) exclusively for the special counsel, without the defense counsel.
Defense Strategy
According to a recent filing in the Southern District of Florida, the defense counsel “shall be prepared to discuss their defense theories of the case, in detail, and how any classified information might be relevant or helpful to the defense.”
Following this, February 13 has been set aside for further discussions if needed.
Analyzing Judge’s Approach
Attorney Bradley Moss, in an email to Newsweek, noted that Judge Cannon is adhering to the guidelines of CIPA, which allows for ex parte discussions with the defense.
“But it is not the norm for judges to do so,” he remarked.
The Main Concern
“What matters more than the process she is affording Mr. Trump is the substance of her rulings. If, as I expect, she rules in favor of the government, all Trump will have won is a time delay,” Moss added.
Smith’s Motion Against Trump
In a recent development, Special Counsel Smith countered a motion by Trump and his co-defendants for more discovery with a 67-page document on Friday.
Trump’s Political Claims
The prosecution’s recent motion addressed Trump’s claims about political motivation in the case, stating, “The defendants’ insinuations have scant factual or legal relevance to their discovery requests, but they should not stand uncorrected.”
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