The Department of Justice (DOJ) alleges that Trump obstructed justice by failing to turn over materials under subpoena. Trump's defense team cites the Presidential Records Act, which allows presidents to determine which materials, upon leaving office, are considered personal records and which should be designated to the National Archives.
During the hearing, Judge Aileen Cannon focused on the timeline of the case as she heard arguments from both prosecutors and defense attorneys. While the prosecutors proposed an "aggressive" timeline to prosecute the case, Cannon expressed skepticism about starting the trial on December 11, 2023. Trump's attorneys suggested a timeline that would see the first trial date in November 2024, after the presidential election.
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Although Cannon did not issue a decision regarding the trial start date, she stated that she would do so promptly.
Trump's attorneys, along with Nauta's legal team, raised concerns about the amount of time required to thoroughly review the 1.1 million pages of documents and nine months of security camera footage involved in the case. The hearing aimed to determine how the case should proceed in terms of accessing and assessing the documents under the Classified Information Procedures Act. One of the key questions is how to ensure that individuals with appropriate security clearances can view the documents. Currently, the defense team only holds interim security clearances, which means that Trump's team will only be able to access 80% of the 1,545 pages of "classified material" relevant to the case.
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In addition to addressing the document-related issues, Judge Cannon also sought to establish a schedule for the case. She questioned the prosecutors about their "aggressive" timeline to try the case in the winter of 2023, considering the extensive evidence in discovery and the anticipated motions from Trump's attorneys. The New York Times reports that Cannon deemed the case complex due to the issues and logistics involved. The prosecutors maintained their commitment to achieving the proposed timeline, acknowledging its ambitious nature.
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However, Cannon requested an example of a case tried under the Espionage Act from the prosecutors. The case they cited, which took place in Virginia, did not meet Cannon's approval as it involved only four counts and a small number of documents.
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"Given the amount of confidential information at issue, these matters often require more time," Cannon remarked during the hearing.
Trump's lawyers were also questioned about the time they would need to review all the materials. They emphasized the importance of considering Trump's schedule, as he is running for president against the incumbent, whose administration is prosecuting the case. The defense team also expressed concerns about the potential challenges of securing a fair jury trial due to the case's publicity.
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Thus far, Judge Cannon has expressed dissatisfaction with the Justice Department's handling of time in the case. The Wall Street Journal reports that she criticized the department for filing a motion on Monday for a protective order related to the handling of confidential documents without meaningfully conferring with defense lawyers beforehand, as required by local rules.
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While the prosecutors claimed to have attempted to schedule a meeting with Trump, they did not make any efforts to do so until Friday, despite the motion being due in court on Monday. "You tried to confer on a Friday before sending something due on a Monday," Cannon remarked. "That seems a bit rushed."
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Trump is facing charges under the Espionage Act, a law he has consistently criticized in his speeches and interviews. Nauta, along with Trump, has been charged with conspiracy to obstruct the government's efforts to regain documents that Trump argues the government has no right to possess, according to the Presidential Records Act.
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Given the close race between Trump and President Joe Biden in some presidential polls, with Trump leading the GOP field by double digits, many view this case as a politically motivated prosecution by Biden against his top and most formidable political rival.
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