By Andrew Goudsward
(Reuters) – donald trumpJohn’s trial in Florida on charges of illegally keeping confidential documents after leaving office has been postponed indefinitely, a judge ruled Tuesday, greatly reducing the chances of him facing a jury in either of the two federal criminal cases against him before of November 5th. US elections.
Trump, who was seeking to reclaim the presidency, was scheduled to go to trial on May 20 in the documents case brought by the Special Counsel. Jack Smithbut the prosecution and defense recognized that the date would have to be postponed.
US District Judge Aileen Cannon, who was appointed to the role by Trump in 2020, said on Tuesday that the trial would no longer begin on May 20, but did not set a new date. Cannon has scheduled pretrial hearings for July 22.
Trump has pleaded not guilty to 40 federal charges accusing him of withholding classified national security documents at his Mar-a-Lago, Florida, estate after leaving office in 2021 and obstructing U.S. government efforts to recover them. them.
Trump is the Republican candidate challenging Democratic President Joe Biden, who defeated him four years ago.
Smith faces significant hurdles in bringing any federal case against Trump to trial before the election. Cannon has not yet ruled on several legal issues crucial to the documents case and has signaled support for Trump’s defense on some issues.
In a separate case brought by Smith, involving Trump’s efforts to overturn his 2020 election defeat, the U.S. Supreme Court appears prepared to recognize that former presidents have at least some immunity from prosecution for official actions. That outcome would likely further delay Trump’s election-related case as lower courts determine which allegations against him are covered by that legal shield.
Trump’s lawyers have said the trial in the documents case should not begin before the election, but they also suggested an Aug. 12 date in response to an order from Cannon to propose a timeline for the case. Smith proposed a July start date.
Trump’s lawyers have worked to delay all four criminal cases he faces.
“We are in this absolutely unprecedented situation where a defendant will potentially have the power to dismiss their own prosecution,” said Randall Eliason, a law professor at George Washington University and an expert on white-collar criminal cases. “This is an argument to take the case to trial before the elections.”
Trump has been on trial in New York state court since April 15 on charges that he illegally sought to conceal money paid to porn star Stormy Daniels before the 2016 election. He was also charged in Georgia state court over his attempts to overturn the 2020 elections.
Trump has sought to portray all legal proceedings against him as politically motivated.
The charges in the Florida case include violations of the Espionage Act, which criminalizes the unauthorized possession of national defense information, as well as conspiracy to obstruct justice and making false statements to investigators.
In an April Reuters/Ipsos poll, nearly a quarter of Republican respondents and more than half of independents indicated they would not vote for Trump if a jury convicted him of a crime.
If any of the federal cases reach a jury before the election, it will likely be in the weeks immediately before Nov. 5, an outcome that is sure to prompt accusations of election interference from Trump’s legal team.
“Any judge would hesitate to judge a presidential candidate a month before the presidential election,” said attorney Kel McClanahan, who specializes in national security issues and has represented members of the intelligence community.
But a Trump victory in November could mean neither case reaches a jury. As president, Trump could order the Justice Department to drop federal charges or seek a pardon.
Smith’s team imposed aggressive deadlines in the Florida case, arguing that the public has the right to a speedy trial. Prosecutor Jay Bratt told Cannon during a hearing that a trial in the fall would not violate Justice Department guidelines that prohibit taking investigative steps close to an election that could impact the outcome of the vote.
Cannon denied two of Trump’s proposals to dismiss the charges, but several remain pending. She also signaled that Trump’s claims that the documents were personal records could be relevant to how she instructs the jury in a future trial, a decision that could lead to an appeal by prosecutors and further delays.
(Reporting by Andrew Goudsward; Editing by Will Dunham and Scott Malone)
