May 6, 2024
Judge Aileen Cannon set for debut as Trump Mar-a-Lago documents trial kicks off

Judge Aileen Cannon set for debut as Trump Mar-a-Lago documents trial kicks off

U.S. District Court Judge Aileen Cannon is set to make her debut Tuesday presiding over the trial of former President Donald Trump in the Mar-a-Lago classified documents trial.

The controversial and inexperienced jurist will preside over a high-stakes procedural hearing at which she may decide whether to delay Trump’s trial until after the 2024 presidential election.

Cannon, who bent over backwards to assist Trump in an earlier stage of the case, could also seek to delay things by opening the door to squabbling over handling of the classified documents at issue in the case.

Former President Donald Trump and Judge Aileen M. Cannon

The case has already gotten off to a stuttering start as Trump’s loyal co-defendant Walt Nauta stalled for nearly a month before hiring a lawyer licensed to practice as required in the south Florida federal district where special counsel Jack Smith brought the case.

Special counsel Jack Smith

The arguments on Tuesday will provide crucial clues to whether Cannon plans to continue her pattern of deference to Trump or play it more down the middle in the historic first criminal trial of a former president.

The most closely watched issue is the most basic in any trial: when it will start in earnest.

Trump was charged last month with 37 counts of mishandling classified documents and obstructing justice. He took hundreds of secret documents with him to Mar-a-Lago and defied a subpoena for their return.

Smith’s prosecutors have asked Cannon to set a December court date, a schedule that would potentially allow the case to be wrapped up just as the Republican presidential primary gets underway.

Trump has demanded that Cannon suspend the trial indefinitely or at the least until after the nation votes for the next president in November 2024.

It’s no secret that Trump would hope to scuttle the case altogether if he wins reelection to the White House. He could also seek to pardon himself if he wins a return to power.

Most legal experts say there is scant basis in the law for Cannon to grant Trump’s request to basically scrap the trial just because he is running for president.

But judges have wide discretion to schedule trials and it would be highly unusual for Smith to seek to appeal any decision to the 11th Circuit Court of Appeals, which oversees Florida cases.

It is very possible she could grant numerous procedural delays as a way of effectively doing the same thing.

South Florida has a reputation as a so-called “rocket docket” jurisdiction, meaning Cannon and other judges are expected to move cases along quickly.

Some reports say that if Smith believes Cannon is dragging her feet, he may hit Trump with a sprawling superseding indictment in another district, perhaps New Jersey where prosecutors say he flashed classified documents at his Bedminster golf resort.

An appeals court panel slapped down Cannon last year after she suggested the government had an obligation to treat Trump differently because of his status as a former president.

A wild card in the case is that the Trump-appointed Cannon, 39, has almost no trial experience and has never handled a case concerning classified documents.

Trump has already weighed in by showering Cannon with praise Sunday.

“She’s very smart and very strong, and loves our country,” Trump said. “We need judges that love our country so they do the right thing.”

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