Judge’s Methodical Pacing Raises Concerns About Feasibility Of Trump Trial

In the case against former President Donald Trump related to the retention of classified documents at his Mar-a-Lago estate, Judge Aileen Cannon appears to have adopted a slow approach in the pretrial process.

What Happened: This methodical pacing raises questions about the feasibility of the trial’s commencement on May 20.

Complexities Of The Case And Early Delays

Cannon faces the challenge of dealing with a unique case that involves highly classified documents under the Classified Information Procedures Act. The judge has highlighted certain practical difficulties, such as establishing a secure facility near the Florida courthouse for storing these classified materials. And according to Politico, her decision to suspend the deadline for classified information-related motions has significantly lengthened the case’s timeline. 

“It could be seen as a stealth attempt to delay the ultimate trial date without actually announcing that yet,” Brian Greer, a former Central Intelligence Agency attorney, told the publication. 

Contrasting Judicial Approaches

Cannon’s handling of this case sharply contrasts with Judge Tanya Chutkan’s approach to the 2020 election interference case against Trump, Politico noted. Chutkan has firmly adhered to a strict schedule, while making it clear that the former president’s political engagements will not influence the trial’s timeline.

As a result, Cannon’s more cautious approach and reluctance to address the impact of Trump’s presidential candidacy on the trial’s schedule have sparked speculation about her intentions.

Potential For Further Delays And Political Implications

The current trajectory of the trial, under Cannon’s methodical oversight, could collide with major events, such as the Republican convention, if postponed. A potential overlap with the election season also raises concerns about the trial being influenced or halted by a possible Trump victory. The case’s complexity, with multiple defendants and intricate legal procedures, increases the chances of additional delays, adding to the uncertainty surrounding the trial, according to Politico. 

“She’s certainly taken her time to litigate things,” Greer told the publication.

This sentiment was echoed by David Aaron, a former Department of Justice national security prosecutor, who doubted the likelihood of a May 20 trial unless strict deadlines are imposed.

Cannon’s approach has so far been viewed critically by some. Andrew Weissmann, who was part of special counsel Robert Mueller team, expressed skepticism on X about Cannon’s impartiality earlier this month, stating, “Judge Cannon’s bias is showing over and over again…in the bag for Trump.”

Not scheduling a CIPA section 5 hearing, which is routine, is a clear sign she is just as much in the bag for Trump as when she issued her horrendous pretrial rulings (both reversed in scathing language by the conservative 11th Circuit). What a piece of work is she.

— Andrew Weissmann (weissmann11 on Threads) (@AWeissmann_) November 16, 2023

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