On Wednesday, the federal judge presiding over President Trump’s classified documents case altered the schedule of the proceedings, rearranging the timeline for several critical legal hearings.
This move highlights the numerous unresolved legal motions Judge Cannon is handling. Last month, she canceled the trial date, citing the multitude of unresolved, interconnected issues as the reason for her inability to set a new date.
The new order scrutinizes special counsel Jack Smith’s unlawful appointment and actions, while delaying a three-day hearing originally scheduled for this month to address discovery issues that have been a focal point of the litigation since the indictment.
She kept in place a hearing on June 21, where the parties will debate President Trump’s motion to dismiss the indictment, arguing that the special counsel's appointment was unlawful.
As previously indicated by the judge, amici, including experts supporting this legal theory, will be permitted to participate. On June 4, she issued an order allowing three attorneys—representing two groups in favor of the motion and one opposing it—to each present 30-minute arguments.
Similar motions have been dismissed in other cases involving special counsels, including Robert S. Mueller III, who “investigated” the Russian collusion hoax, and David C. Weiss, who brought charges against Hunter Biden.
The most significant alteration Judge Cannon made was postponing the three-day hearing on the defendants’ motions to obtain more evidence from prosecutors. This delay is due in part to recent admissions from prosecutors that have led the defense to question the chain of custody of the classified documents seized from Mar-a-Lago.
This hearing was intended to determine if Trump’s lawyers should access communications between prosecutors working for Smith and officials at the National Archives and several national security agencies.
The defense seeks these communications to support their claim that Smith collaborated with the Biden administration and the deep state to target Trump.
Prosecutors opposed this hearing, noting that no similar proceedings had been held in the Southern District of Florida.
In her Wednesday order, Judge Cannon indicated she would reschedule the hearing for a later date. She also scheduled a shorter hearing on June 24 and 25 to discuss other issues, including Smith’s appointment.
The judge scheduled a new hearing for President Trump’s motion for relief on June 25, which argues that his attorney-client privilege was violated during the Mar-a-Lago raid.
This hearing will be closed to the public, as attorneys will discuss materials from a sealed grand jury proceeding. Among the issues to be addressed is whether President Trump is entitled to a hearing on claims that a law enforcement officer lied to obtain the search warrant for his residence. Judge Cannon also mentioned the possibility of scheduling an additional evidentiary hearing on this matter.
Judge Cannon has instructed both sides to be prepared to debate Trump’s motion to exclude evidence, including over 100 classified documents, obtained during the FBI’s August 2022 search of Mar-a-Lago, his private club and residence.
They will also argue over Trump’s attempt to suppress private audio notes from his lawyer, M. Evan Corcoran, which prosecutors obtained through a process that bypassed the usual attorney-client privilege.
These notes are central to the government’s claims that President Trump obstructed efforts to recover the classified materials.
Finally, the parties will discuss Smith’s request to modify Trump’s release conditions to include a gag order preventing him from making public statements that could “endanger FBI agents” involved in the case.
Read Cannon’s order here.
