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Kaelan Deese, Supreme Court Reporter


NextImg:Donald Trump arrested: Judge Cannon split on trial timeline as DOJ and defense feud

The federal judge presiding over Donald Trump's classified documents criminal case ended a Tuesday afternoon hearing without setting a trial date as she weighs competing timeline requests from the Justice Department and the former president.

Multiple reporters who were inside the Fort Pierce, Florida courtroom on Tuesday said U.S. District Judge Aileen Cannon appeared skeptical of the government's request for a trial starting in December but also did not appear inclined to grant Trump's full request to begin the trial after the 2024 presidential election.

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From left to right: U.S. District Judge Aileen Cannon and former President Donald Trump.

Cannon, an appointee of the former president, asked Trump's lawyers if they wanted the trial delayed until after the election, to which they requested a trial to begin in mid-November after the voting takes place in the 2024 race.

"I can appreciate that more time is necessary, but we need to set a schedule," Cannon told Trump's attorney, Todd Blanche, according to The Messenger.

While the judge did not issue a decision on the trial schedule, she said she'd file a written order promptly. Cannon had initially sought a trial to begin in early August.

During the Tuesday afternoon hearing, Cannon said she would be considering several other factors in determining a schedule, including the volume of discovery materials special counsel Jack Smith's team will be handing over to Trump's defense in preparation for a trial.

Cannon, who was one of Trump's final federal judicial nominees, faced scrutiny after she issued an injunction in August blocking the government from using the classified records seized from Trump's Florida resort in their investigation.

The U.S. Court of Appeals for the 11th Circuit overturned that order in a reversal that accused Cannon of applying a "radical" restructuring of criminal procedure for Trump.

Trump last month pleaded not guilty to a 37-count indictment that he mishandled classified documents after leaving office, while Walt Nauta, a Trump aide and former White House valet, pleaded not guilty to six felony counts.

The pair were not in attendance during the Tuesday hearing, which was a mostly procedural convening under a law that regulates the use of secret evidence at public trials known as the Classified Information Procedures Act, or CIPA.

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Trump is facing 31 counts of violating the Espionage Act, which criminalizes mishandling of national security secrets.

For Smith's team to prove that Trump violated the charged provision of the act, it must show that he held unauthorized information "relating to national defense" that could damage the United States or aid a foreign adversary and that he failed to return it to the government upon departure from his post.