Judge Cannon on Wednesday issued an order revealing a deadline for Trump to present which of the files he plans to use as part of his defense. The deadline set for May 9, which is almost seven weeks before Jack Smith’s proposed trial date of July 8, casts uncertainty on whether the trial will begin in July.
Cannon stated in her order “On or before May 9, 2024, Defendants shall file Rule 16 expert disclosures and any defense CIPA Section 5(a) written notice based on classified discovery produced to date.
The Section 5(a) notice shall be sufficiently detailed and cover both documentary exhibits and anticipated oral testimony. Standard rules regarding classified filings with the Court apply, as set forth in the CIPA protective orders.”
CIPA stands for the Classified Information Procedures Act, enacted in 1980. It governs the handling, disclosure, and utilization of classified information during criminal trials.
Jack Smith proposed a deadline of March 18 for Trump to file his Sec 5 notice, hoping for the trial to begin in July of this year. The deadline Cannon provided Trump is seven weeks later, indicating the trial will most likely start later.
Tensions escalated earlier this month when Smith voiced criticism of Cannon's jury instructions. In the instructions, Cannon explains that jurors may weigh whether Trump has a legal entitlement under the Presidential Records Act to designate presidential records as personal property following his tenure in office.
In a recent court filing this week, Smith contended that these instructions “rely on an unstated and fundamentally flawed legal premise,” prompting speculation about the possibility of his seeking her removal from the case.
In an April 2 filing, Smith cautioned Cannon that he would pursue an appeal to a higher court if she did not modify the wording of her contentious proposed jury instruction.
In a written response dated April 4, Cannon deemed Smith's warning “unprecedented and unjust.”
