By Andrew Goudsward
(Reuters) – Donald Trump’s trial in Florida for illegally storing classified documents after leaving office has been postponed indefinitely, a judge ruled on Tuesday, significantly reducing the likelihood that he will have to face a jury in one of the two federal criminal cases against him before the U.S. election on November 5.
The trial against Trump, who is seeking re-election, was originally scheduled to take place on May 20 in a document process initiated by special counsel Jack Smith. But both the prosecution and the defense had admitted that this date would have to be postponed.
U.S. District Judge Aileen Cannon, appointed by Trump in 2020, said Tuesday the trial would no longer begin on May 20, but did not set a new date. Cannon scheduled pretrial hearings through July 22.
Trump has pleaded not guilty to 40 federal charges accusing him of storing sensitive national security documents at his Mar-a-Lago estate in Florida after leaving office in 2021 and obstructing U.S. government efforts to recover those documents.
Trump is the Republican challenger to Democratic President Joe Biden, who defeated him four years ago.
Smith faces significant obstacles in bringing any of the federal charges against Trump to trial before the election. Cannon has yet to rule on several legal issues important to the documents case and has signaled support for Trump’s defense on some issues.
In another case brought by Smith, involving Trump’s efforts to overturn his 2020 election loss, the U.S. Supreme Court appears ready to recognize that former presidents have at least some immunity from prosecution for official acts. That outcome would most likely further delay Trump’s election-related proceedings, as lower courts must decide which allegations against him fall under that legal protection.
Trump’s lawyers had said a trial in the documents case should not begin until after the election, but also suggested August 12 as a date in response to an instruction from Cannon to propose a timeline for the case. Smith suggested a July start.
Trump’s lawyers have worked to delay all four criminal cases against him.
“We’re in an absolutely unprecedented situation where a defendant potentially has the power to stop his own prosecution,” said Randall Eliason, a law professor at George Washington University and an expert on white collar crimes. “That makes an argument for bringing the case to trial before the election.”
Trump has been on trial in a New York state court since April 15 on charges that he illegally attempted to conceal hush money paid to porn star Stormy Daniels before the 2016 election. He has also been charged in a Georgia state court over his attempts to overturn the 2020 election.
Trump has tried 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 said they would not vote for Trump if a jury convicted him of a crime.
If either of the two federal cases goes before a jury before the election, it would likely happen in the weeks immediately before November 5. An outcome of this case would certainly result in Trump’s lawyers being accused of election interference.
“Any judge would hesitate at the thought of trying 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.
However, if Trump wins in November, it could mean that none of the cases ever go to a jury. As president, Trump could order the Justice Department to drop the federal charges or pardon himself.
Smith’s team has set aggressive deadlines in the Florida case, arguing that the public has a right to a speedy trial. State Attorney Jay Bratt told Cannon during a hearing that a fall trial would not violate Justice Department guidelines prohibiting investigative actions close to an election that could affect the outcome of the election.
Cannon has rejected two requests by Trump to dismiss the charges, but several are still pending. She has also suggested that Trump’s claims that the documents are personal records could be relevant to her instructions to the jury at 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)
