Judge Cannon has requested briefs from both Trump's lawyers and prosecutors regarding the implications of the Supreme Court's May 16, 2024 decision in Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd.
In that case, the Supreme Court affirmed that Congress can allocate funds from the Federal Reserve to finance the Consumer Financial Protection Bureau under the appropriations clause of the U.S. Constitution.
Judge Cannon has directed both parties to submit briefs by June 11, in preparation for a hearing on June 21, 2024, concerning Trump's motion to dismiss the indictment.
Trump's motion is based on the alleged unlawful appointment and funding of special counsel Jack Smith. The briefs are expected to address the impact of the Supreme Court's ruling on Trump's challenge to the appropriations clause.
Judge Cannon has stipulated that each brief must not exceed 15 pages in length.
Cannon has postponed the trial indefinitely, citing legal disputes related to classified evidence. As of May 7, there are eight substantive pending motions for the judge to adjudicate. Judge Cannon anticipates that resolving these motions will likely extend into late July.
