The former President of the United States, Donald Trump, is facing multiple legal challenges, ranging from federal investigations related to the January 6 Capitol attack and hush-money payments, to the handling of classified documents. Recently, a former employee at Trump’s Mar-a-Lago resort has come forward with allegations of security lapses in managing government secrets, adding another layer to the complex legal puzzle facing the former president.
Spotlight on Trump’s Classified Documents Case
In the ongoing legal saga surrounding Donald Trump and the classified documents case, recent developments have once again brought the former president’s legal strategies into the spotlight. Former President Donald Trump may still achieve his desired outcome over Special Counsel Jack Smith regarding the classified documents case, despite the judge’s recent rejection of one of Trump’s motions to dismiss charges against him.
Legal Expert Weighs In
Neal Katyal, a prominent lawyer and former acting U.S. Solicitor General during Obama’s administration, offered insights following Judge Cannon’s decision to reject one of Trump’s motions to dismiss charges in the classified documents case. Trump, who faces 40 federal charges and has pleaded not guilty, found one of his legal team’s key arguments—that the charges under the Espionage Act were “unconstitutionally vague”—dismissed by Cannon. However, the judge’s acknowledgment that the argument deserved “serious consideration” leaves a door open for future discussions, as she suggested it would be more appropriately addressed during jury-instruction briefing.
Katyal, speaking to MSNBC, pointed out that this development might ultimately favor Trump by potentially delaying the federal trial’s commencement, currently scheduled for May 20. Such a delay could push the trial’s start beyond the upcoming November election. Trump’s strategy seems to involve stalling the trial in hopes of reclaiming the presidency and subsequently directing the Department of Justice to drop the case.
Check also: In effort to protect Trump, Florida Rep. Gaetz supports Biden innocence in classified documents case
Judge Cannon Under Scrutiny
Judge Cannon, a Trump appointee, has been under scrutiny for her decisions, which some critics have deemed overly favorable to the former president. Despite rejecting one of Trump’s motions, her willingness to entertain discussions on the matter has raised concerns about deliberate delays in the trial process.
MSNBC host Joy Reid questioned whether hearing dismissal motion was simply another delaying tactic given it came from a bench nominated under the previous president – thus possibly favoring the defense side more than prosecution? To her query, Katyal responded: “Federal judges can sometimes surprise and that’s unlike predictable politicians. Many people’s expectations for Judge Cannon were low particularly because of her two rulings last year, appointing a special master, which was to put it mildly nuts, and was rebuked by the very conservative Court of Appeals. Judge Cannon has done the right thing rejecting one of Trump’s motions calling the statute unconstitutionally vague, which is preposterous. But the big concern is that Jack Smith maybe won a battle, but he’s losing the war.”
The Supreme Court and Trial Delays
Katyal also drew parallels with the Supreme Court’s handling of Trump’s claim to absolute immunity in relation to charges stemming from his alleged obstruction of the federal election. Although Trump is unlikely to succeed in asserting absolute immunity, the Supreme Court’s decision to consider the claim has introduced further delays. This tactic, Katyal fears, mirrors the approach taken by Judge Cannon, whose proceedings on what he considers “bogus issues” only serve to postpone the trial further.
“There is no chance that Trump is going to win and that the court is going to say he has absolute immunity. But what the Supreme Court did there is delay his trial for January 6 charges potentially to after the election. And the same thing I fear is happening with Judge Cannon, she keeps kicking the can down the road. The fact that she had a daylong hearing on these two bogus issues tells you everything you need to know. The only thing that Donald Trump’s arguments warrant are an eye roll and a swift denial,” said Katyal.
Additional Motions and Trial Scheduling
Beyond the disputed motion, Judge Cannon has yet to rule on another argument presented by Trump’s legal team, which contends that the Presidential Records Act permits Trump to claim documents taken post-presidency as personal property. During the hearing, Cannon expressed skepticism about dismissing the case based on this claim, signaling another likely defeat for Trump’s legal arguments.
The discussion on the trial’s scheduling also remains unresolved. Trump’s lawyers have proposed delaying the trial until August or even 2025, citing Trump’s campaign commitments. Conversely, Special Counsel Jack Smith’s team has argued for a July trial date.
