The Trump Classified Documents Trial Schedule — Annotated

Zoe Tillman
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(Bloomberg) -- A federal judge in Florida set a May 20 trial date in the classified documents prosecution against Donald Trump, adding a new milestone to the former president’s busy legal and political calendar next year.

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Friday’s order from US District Judge Aileen Cannon also featured a detailed schedule leading up to the trial in her Fort Pierce courtroom, previewing the work ahead for both sides and future fights.

Read More: Donald Trump Classified Documents Trial Set for May 20, 2024

Here are key dates to watch for:

July 27: Protecting classified evidence

The indictment from Special Counsel Jack Smith’s office accuses Trump of mishandling national defense information and obstructing government efforts to get those documents back. But before the defense can see classified evidence, under Section 3 of the Classified Information Procedures Act, or CIPA, the judge has to issue an order laying out rules for how to safeguard it and how it can be accessed by lawyers and others in the case.

The government’s latest proposal is due July 27. An earlier version prosecutors submitted showed they want to have a say in whether Trump and his co-defendant Waltine “Walt” Nauta can see this evidence. That’s a typical provision in these types of cases, but one the former president might bristle at; it’s not clear if the defense will object.

Oct. 10: Withholding classified evidence

Prosecutors can ask Cannon to allow them to delete pieces of classified information from documents they give the defense or to substitute a summary under CIPA’s Section 4. At a July 18 hearing, prosecutor Jay Bratt said he wasn’t sure if his team would pursue that, but if they did, it would be “fairly minimal.” They’ll have until Oct. 10 to decide. If the judge rules against the government, prosecutors can immediately appeal.

Nov. 3: Pretrial motions due

Trump’s lawyers previewed various legal challenges to the indictment they’re considering. Cannon gave them until Nov. 3 to file those. It’s a faster timeline than the defense wanted — they originally proposed not setting any schedule, or a December deadline at the earliest. The defense may object to how prosecutors pierced attorney-client privilege to put a Trump lawyer before a grand jury, claim prosecutorial misconduct, and argue that Trump’s power as president to declassify information and manage government records undercuts the case.

Nauta’s lawyer has said he shares some of the Trump team’s concerns about the indictment, but also might consider another pretrial strategy — asking the judge to sever his client’s case.

Nov. 17: Defense evidence notice

Under Section 5 of CIPA, Trump and Nauta’s lawyers have to provide notice by Nov. 17 of any classified information that they intend to use in court proceedings. The government can object to that.

Dec. 11: Motions hearing

The lawyers are due in court on Dec. 11 to argue over any push by Trump or Nauta to dismiss charges or suppress evidence or for either side to ask the judge to resolve other pretrial legal issues. The date is notable for another reason — it’s when prosecutors had hoped to be seating a jury.

Dec. 15: Classified evidence issues

Lawyers will get to spar, if necessary, over what classified evidence is admissible at trial or in earlier court proceedings under Section 6 of CIPA. Prosecutors can ask for that hearing by Dec. 15. The government usually tries to minimize disclosure of state secrets, and can appeal if Cannon overrules its objections. If prosecutors lose, they have to decide whether disclosing that information poses such a risk to national security that they have to drop some or all of the case.

March 20: Trial evidence motions

Both sides can file what are known as motions in limine by March 20 to bar certain evidence, information or arguments from being allowed at trial. These motions can preview what each side expects their opponent to present. It can also tee up future courtroom drama if lawyers push the boundaries of what the judge ruled they’re not allowed to say in front of jurors.

April 11: Lingering classified evidence disputes

If Cannon rules that certain classified evidence can be used at trial, Section 6 of CIPA gives the government a chance to argue to substitute a summary of that information instead. They can file that motion by April 11. Cannon will have to decide if the alternatives still allow the defendant to make their case.

TBD: Jury selection

Cannon said she will set a schedule later for jury selection. Trump asked to postpone the trial until after the election in part based on the extreme publicity and tense political environment would make jury selection impossible. Cannon ruled that wasn’t a good reason to put off setting a schedule. Prosecutors and Trump’s lawyers will be able to fight later over how best to screen prospective jurors.

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