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    Judge Hints at a Delay in Trump Documents Trial

    Responding to a request from the former president’s lawyers, Judge Aileen Cannon said she could make “reasonable adjustments” to the timetable for the trial, which is scheduled to start in May.The federal judge overseeing former President Donald J. Trump’s prosecution on charges of mishandling classified documents signaled on Wednesday that she was inclined to make some “reasonable adjustments” to the timing of the case, expressing concern that it could “collide” with Mr. Trump’s other federal trial.Speaking during a hearing in Federal District Court in Fort Pierce, Fla., the judge, Aileen M. Cannon, did not specify how she planned to change the schedule of the documents case and said she would soon issue a written order with the details.But she seemed skeptical that the trial date in the documents case — now set for May 20 — could comfortably coexist with Mr. Trump’s Washington-based trial on charges of plotting to overturn the 2020 election, which is set to start in early March.“I’m having a hard time seeing, realistically, how this work can be accomplished in this compressed time period,” Judge Cannon said.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.We are confirming your access to this article, this will take just a moment. However, if you are using Reader mode please log in, subscribe, or exit Reader mode since we are unable to verify access in that state.Confirming article access.If you are a subscriber, please  More

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    Trump Asks Again to Delay Documents Trial Until After Election

    The former president’s lawyers said his trial on charges of mishandling classified information should be delayed from its planned start in May because of problems gaining access to all the evidence.Lawyers for former President Donald J. Trump have again asked a federal judge to postpone until after the 2024 election his trial on charges of mishandling classified documents.In a court filing on Wednesday night, Mr. Trump’s legal team proposed moving the start of the trial to mid-November from May 20, the date set by Judge Aileen M. Cannon.It was not the first time Mr. Trump has sought to push back the trial, in which he stands accused of illegally holding onto dozens of classified documents after leaving office and conspiring with two aides to obstruct the government’s repeated effort to retrieve them. In July, his lawyers asked Judge Cannon to put off the trial indefinitely as they grappled with the complexities of the case.But after a flurry of court filings and a contentious hearing this summer in Federal District Court in Fort Pierce, Fla., Judge Cannon decided that the case should go in front of a jury well before the presidential race ended.In their initial request to delay the trial, Mr. Trump’s lawyers claimed that he could not get a fair trial while he was running for office. But arguments like that were missing from his new proposal to push back the proceeding, which did not specifically mention the election. Still, the push to reschedule for mid-November 2024 was a de facto attempt to delay it until after the race was decided.Were that to happen, it would give Mr. Trump, the current front-runner for the Republican nomination, enormous sway over the case. If the trial were delayed and Mr. Trump were to win the election, he could simply order his attorney general to drop the charges. And even if he were convicted before becoming president, he could in theory seek to pardon himself.In their recent attempt to delay the documents case, Mr. Trump’s lawyers accused prosecutors in the office of the special counsel, Jack Smith, of failing to meet their obligations to turn over evidence as part of the discovery process. The lawyers complained in particular that they lacked sufficient access to nine of the 32 classified documents that Mr. Trump has been charged with holding onto after he left office in violation of the Espionage Act.Those documents, prosecutors said last week, are so sensitive that they cannot be stored even in the highly secure facility in Miami that Mr. Trump and his legal team have been using. They said the materials would need to be reviewed under strict supervision in Washington.Mr. Trump’s lawyers also argued the delay was needed because the secure facility that was supposed to have been built for Judge Cannon to review classified materials in Fort Pierce was running at least three months behind schedule. Moreover, the lawyers claimed, Judge Cannon still lacked the necessary “electronic facilities” to write opinions and orders about the classified materials as well as “the physical space” to conduct hearings about it.The lawyers also cited Mr. Trump’s crowded courtroom calendar as another reason to delay the documents trial, claiming that neither they nor their client could “be in two places at once.”Mr. Trump is currently on trial in New York, facing civil charges of fraudulently inflating the value of several of his properties. One of his lawyers in that case, Christopher M. Kise, is also representing him in the documents case.His other federal trial, in which he stands accused of trying to overturn the 2020 election, is also on the horizon. The judge in that case, Tanya S. Chutkan, has scheduled the proceeding to start on March 4. But if it is delayed in any way, that trial could easily drag into the proposed start date for the documents trial.The appeal to Judge Cannon to delay the documents trial came a week after Mr. Trump’s legal team sought to delay the election case in Washington. They asked to push back until December their deadline — now set for next week — to file pretrial motions, saying they were still researching the “numerous novel and complex legal issues” in the case.Federal prosecutors in Mr. Smith’s office have reacted with frustration to Mr. Trump’s attempts to delay both of the proceedings.Last week, they filed court papers to Judge Cannon accusing Mr. Trump’s lawyers of seeking to “intentionally derail” the timing of the documents case. They made similar accusations on Monday to Judge Chutkan, who is overseeing the election interference case in Federal District Court in Washington. By asking for more time to file their motions, the prosecutors said, Mr. Trump’s lawyers were merely dragging their feet.The former president has acknowledged in private conversations with his aides that winning the election is likely to be his best bet for emerging unscathed from the four criminal cases he is confronting. Beyond the two federal cases, Mr. Trump has been charged in state indictments of falsifying business records in New York in connection with payments to a porn actress and of tampering with the results of the 2020 election in Georgia. More

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    Here Are the Possible Dates for Trump’s Trials

    The unprecedented — a former U.S. president indicted, and while running for the office again — has now happened four times. Next up will be a presidential candidate going on trial. Possibly four times.We don’t yet know the timelines for all the trials, and the preliminary dates we have for some of them may still change. But it is already clear that across the board, prosecutors are seeking to move quickly.Extraordinary though the prospect is, it is entirely within the realm of possibility that Donald J. Trump could stand trial four times before the presidential election on Nov. 5, 2024 — and have to leave the campaign trail each time.Justice Juan M. Merchan, who is presiding over the state case in New York concerning hush-money payments to a pornography actress, has scheduled a trial to begin March 25, 2024. If that date holds, it would be just under a year after the indictment in that case.Judge Aileen M. Cannon, who is presiding over the federal case concerning Mr. Trump’s retention of classified documents, has scheduled a trial to begin May 20, 2024 — again, just under a year after indictment. Judge Cannon rejected the government’s request to hold the trial sooner, in December, but also rejected the Trump team’s push to delay the proceedings until after the 2024 election.The dates for the other two trials — in the federal case concerning Mr. Trump’s efforts to overturn the 2020 election, for which he was indicted on Aug. 1, and now in the Georgia case — are still to be determined.Jack Smith, the special counsel overseeing that federal case, has proposed Jan. 2, 2024, for the opening of the trial. That would be just two weeks before the Iowa presidential caucuses.Fani T. Willis, the prosecutor in the Georgia case, indicated on Monday that she would seek a trial within six months of the indictment, which would mean no later than mid-February 2024 — smack in the middle of the early primaries.There’s no guarantee that the judges in those cases will agree to those requests. More

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    Prosecutors Push Back on Trump’s Request to Delay Documents Trial

    The office of the special counsel, Jack Smith, said there “is no basis in law or fact” for granting a motion from former President Donald J. Trump that could push the start of the trial until after Election Day.Federal prosecutors on Thursday asked the judge overseeing former President Donald J. Trump’s classified documents case to reject a motion by Mr. Trump’s lawyers to have his trial indefinitely postponed, a move that could serve to delay the proceeding until after the 2024 election.The filing by the prosecutors came three days after Mr. Trump’s legal team made an unusual request to the judge, Aileen M. Cannon, asking her to set aside the government’s initial suggestion to hold the trial in December and delay it until all “substantive motions” in the case were presented and resolved.The timing of a trial is crucial in all criminal matters. But it is especially important in this case, in which Mr. Trump has been charged with illegally holding on to 31 classified documents after leaving the White House and conspiring with one of his personal aides, Walt Nauta, to obstruct the government’s efforts to reclaim them.Mr. Trump is now both a federal criminal defendant and the Republican Party’s leading candidate in the presidential campaign. There could be untold complications if his trial seeps into the final stages of the race. Moreover, if the trial is pushed back until after the election and Mr. Trump wins, he could try to pardon himself after taking office or have his attorney general dismiss the matter entirely.Apparently recognizing these high stakes, prosecutors working for the special counsel, Jack Smith, told Judge Cannon that she should not allow Mr. Trump and Mr. Nauta to let the case drag on without a foreseeable ending.“There is no basis in law or fact for proceeding in such an indeterminate and open-ended fashion,” they wrote, “and the defendants provide none.”Mr. Trump’s lawyers based their motion for a delay — which was filed on Monday in the Southern District of Florida — on several assertions.They said that as the case moved forward, they intended to make novel — and presumably time-consuming — arguments that the Presidential Records Act permitted Mr. Trump to take documents with him from the White House. That interpretation of the Watergate-era law is at odds with how legal experts interpret it.Prosecutors responded by saying this potential defense “borders on frivolous.” They also reminded Judge Cannon that it was not new at all, but in fact was central to an extended legal battle last year that she oversaw, in which an outside arbiter was put in place to review a trove of materials seized by the F.B.I. from Mar-a-Lago, Mr. Trump’s private club and residence in Florida.Mr. Trump’s lawyers also complained that a first trove of discovery evidence provided by the government was expansive — including more than 800,000 pages of material — and would take a significant amount of time to sort through.Prosecutors shot back, saying about a third of those pages contained unimportant “email header and footer information” and that a set of “key” documents that would guide the defense toward the crucial sections of discovery was only about 4,500 pages.The prosecutors also told Judge Cannon that they intended to provide Mr. Trump’s lawyers with a second batch of unclassified discovery evidence as early as next week, including interviews conducted with witnesses as recently as June 23 — a few weeks after Mr. Trump was indicted. That suggests, as The New York Times has reported, that the investigation of the classified documents case continued even after charges were filed.As for the classified discovery evidence, prosecutors said they planned to take the bulk of the classified materials seized from Mar-a-Lago to a sensitive compartmented information facility inside Miami’s federal courthouse next week for review by Mr. Trump’s lawyers — even though some of them only have interim security clearances.Once the lawyers have their final security clearances, the prosecutors said, they will be able to look at the remaining classified records, including some “pertaining to the declassification of various materials during the Trump administration.”In asking for a delay, Mr. Trump’s lawyers had said that his campaign schedule “requires a tremendous amount of time and energy” and that these efforts would continue until the election. They argued that Mr. Nauta had a similar problem since his job requires him to accompany Mr. Trump on “most campaign trips around the country.”But prosecutors seemed to have no patience for this argument, saying the two men’s “professional schedules do not provide a basis to delay.”“Many indicted defendants have demanding jobs that require a considerable amount of their time and energy, or a significant amount of travel,” they wrote. “The Speedy Trial Act contemplates no such factor as a basis for a continuance, and the court should not indulge it here.” More

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    Trump Lawyers Seek Indefinite Postponement of Documents Trial

    The former president’s legal team argued in a court filing that no trial date should be set until all “substantive motions” in the case were resolved, setting up an early key decision by Judge Aileen M. Cannon.Lawyers for former President Donald J. Trump asked a federal judge on Monday night to indefinitely postpone his trial on charges of illegally retaining classified documents after he left office, saying that the proceeding should not begin until all “substantive motions” in the case had been presented and decided.The written filing — submitted 30 minutes before its deadline of midnight on Tuesday — presents a significant early test for Judge Aileen M. Cannon, the Trump-appointed jurist who is overseeing the case. If granted, it could have the effect of pushing Mr. Trump’s trial into the final stages of the presidential campaign in which he is now the Republican front-runner or even past the 2024 election.While timing is important in any criminal matter, it could be hugely consequential in Mr. Trump’s case, in which he stands accused of illegally holding on to 31 classified documents after leaving the White House and obstructing the government’s repeated efforts to reclaim them.There could be complications of a sort never before presented to a court if Mr. Trump is a candidate in the last legs of a presidential campaign and a federal criminal defendant on trial at the same time. If the trial is pushed back until after the election and Mr. Trump wins, he could try to pardon himself after taking office or have his attorney general dismiss the matter entirely.Some of the former president’s advisers have been blunt in private conversations that he is looking to winning the election as a solution to his legal problems. And the request for an open-ended delay to the trial of Mr. Trump and his co-defendant, Walt Nauta, a personal aide, presents a high-stakes question for Judge Cannon, who came into the case already under scrutiny for making decisions favorable to the former president in the early phases of the investigation.The filing came in response to one submitted last month by prosecutors working for the special counsel, Jack Smith, who requested a trial date of Dec. 11. Judge Cannon, appearing to adopt the brisk calendar mandated by the Speedy Trial Act, had initially scheduled the case to go to trial in August.Judges have wide latitude to set schedules for trials, and scheduling orders are typically not subject to appeal to higher courts. That said, given the extraordinary nature of Mr. Trump’s case and the potential implications of a delay, prosecutors under Mr. Smith could in theory try to come up with a rationale to challenge a scheduling decision made by Judge Cannon to the U.S. Court of Appeals for the 11th Circuit.Mr. Trump’s lawyers pitched their request to Judge Cannon as a plea for cautious deliberation and as a means of safeguarding democracy.“This extraordinary case presents a serious challenge to both the fact and perception of our American democracy,” wrote the lawyers, Chris M. Kise and Todd Blanche for Mr. Trump, and Stanley Woodward Jr. and Sasha Dadan for Mr. Nauta.“The court now presides over a prosecution advanced by the administration of a sitting president against his chief political rival, himself a leading candidate for the presidency of the United States,” they wrote. “Therefore, a measured consideration and timeline that allows for a careful and complete review of the procedures that led to this indictment and the unprecedented legal issues presented herein best serves the interests of the defendants and the public.”The lawyers also took note of the unusual intertwining of law and politics in the case, suggesting that Mr. Trump’s status as a presidential candidate should be factored into the timing of the trial.“President Trump is running for president of the United States and is currently the likely Republican Party nominee,” they wrote. “This undertaking requires a tremendous amount of time and energy, and that effort will continue until the election on Nov. 5, 2024.”“Mr. Nauta’s job requires him to accompany President Trump during most campaign trips around the country,” they continued. “This schedule makes trial preparation with both of the defendants challenging. Such preparation requires significant planning and time.”Walt Nauta, Mr. Trump’s co-defendant and personal aide, leaving the federal courthouse in Miami on Thursday.Alon Skuy/Getty ImagesAnd they suggested that there was no rationale for an expedited trial.“While the government appears to favor an expedited (and therefore cursory) approach to this case, it cannot point to any exigency or urgency requiring a rapid adjudication,” they wrote. “There is no ongoing threat to national security interests nor any concern regarding continued criminal activity.”On Monday, hours before Mr. Trump’s lawyers requested a delay of the trial, a lawyer for Mr. Nauta asked Judge Cannon to postpone a hearing to discuss the issue of the classified materials in the case that was scheduled for Friday. The defense and the prosecution ultimately agreed to delay the hearing, which will take place in Federal District Court in Fort Pierce, Fla., until next Tuesday.Judge Cannon agreed to that schedule change in a brief order issued on Tuesday morning.In making their case to delay the trial, Mr. Trump’s lawyers cited the expansive discovery evidence provided to them by the government.The first discovery disclosure, they said, contained more than 833,450 pages of material, including about 122,650 emails and 305,670 other documents. The lawyers said that after subsequent troves of evidence were handed over, they would most likely make more requests to the government for further information.They also pointed to the complex process of deciding how to handle the sensitive materials at the heart of the case under the Classified Information Procedures Act — the subject of the hearing that had been scheduled for Friday. The lawyers strongly hinted that they were going to fight the government during the pretrial litigation over classified material, a process that could take up significant amounts of time.The filing by Mr. Trump’s legal team presents Judge Aileen M. Cannon, a Trump appointee, with a key early test.Southern District of Florida“In general, the defendants believe there should simply be no ‘secret’ evidence, nor any facts concealed from public view relative to the prosecution of a leading presidential candidate by his political opponent,” the lawyers wrote. “Our democracy demands no less than full transparency.”Aside from its request for a delay, the filing served as a preview of Mr. Trump’s legal strategy as the lawyers laid out ways in which they planned to attack his indictment.They suggested, for example, that they intended to challenge some of the charges he is facing by arguing that the Presidential Records Act permitted Mr. Trump to take documents with him from the White House. That interpretation of the Watergate-era law is at odds with how legal experts interpret it and was not successful during an extended legal battle last year over an outside arbiter who was put in place to review a trove of materials seized by the F.B.I. from Mar-a-Lago, Mr. Trump’s private club and residence in Florida.The former president’s lawyers also suggested that they might raise “constitutional and statutory challenges” to Mr. Smith’s authority as special counsel. Moreover, they laid the groundwork for questioning whether an impartial jury could be seated at the trial while Mr. Trump was running for office.“There is simply no question any trial of this action during the pendency of a presidential election will impact both the outcome of that election,” they wrote, “and, importantly, the ability of the defendants to obtain a fair trial.” More

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    Worrying About the Judge and the Jury for Trump’s Trial

    More from our inbox:The Revolt in RussiaMigrants and New York’s SuburbsClimate Education: New Jersey’s ExampleThe special counsel, Jack Smith, released an indictment of former President Donald J. Trump this month.Kenny Holston/The New York TimesTo the Editor:Don’t do it, liberal America! Don’t get caught up in the melodrama of the Florida trial! The former president craves attention. The news media collude by granting him free publicity. Why give this despicable man what he wants?And the trial outcome? Yes, it seems that Jack Smith has an open-and-shut case. Yet there is a reasonable likelihood that we have a shut-and-shut-down judge. This is the bad luck of the draw.Judge Aileen M. Cannon has myriad tactics at her disposal to delay, disrupt and derail the proceedings. She can influence jury selection, undercutting chances of a unanimous guilty verdict. Even if the jury reaches that conclusion, it is the judge who sets the sentence. This could be a slap on the wrist.Why not assume that the chances of conviction and a serious sentence are small and turn your attention to other matters of national significance?If you must follow the legal adventures of the former president, it’s better to focus on the likely trial in Georgia and Mr. Smith’s Jan. 6 investigation.David B. AbernethyPortola Valley, Calif.The writer is professor emeritus of political science at Stanford University.To the Editor:Re “Trial Judge Puts Documents Case on Speedy Path” (front page, June 21):So Judge Aileen M. Cannon has set a trial date for August. I’m suspicious. She will have total power over the sentence as well as the ability to dismiss the case. Is she helping Donald Trump by getting the whole matter resolved quickly in order for it to be done before the election?How dare she ignore calls to recuse herself, given her record? She must be removed.Sandy MileySherrill, N.Y.To the Editor:Re “Leaving Trump’s Fate to 12 Ordinary Citizens Is Genius,” by Deborah Pearlstein (Opinion guest essay, June 16):In ordinary times Professor Pearlstein’s belief in the wisdom of the jury system in trying Donald Trump would be warranted, but these are not ordinary times. Mr. Trump has primed his followers to threaten and intimidate anyone who might oppose him.No matter the strength of the case, I believe that at least some jurors will vote to acquit because they justifiably fear for their safety.David LigareCarmel Valley, Calif.To the Editor:Central to the case against Donald Trump are the details about the highly classified documents he took. And the key problem is that the defense’s right to see the government’s evidence conflicts with the absolute need to keep that material secret.There is then the possibility that the judge might agree to suppress such crucial evidence. Could people with the highest security clearance review the documents and present affidavits and witnesses in court supporting the government’s assertions?This might provide a litmus test for the integrity of the judicial process.Arnold MitchellScarsdale, N.Y.To the Editor:Re “Judge’s Record in Trump Case Raises Concern” (front page, June 15):While I understand that any judge presiding over an unprecedented and historic case like this will receive scrutiny, I am appalled at how easily a Latina woman is denigrated for her inexperience and for bristling when she is questioned.Such descriptions hold no weight for this 49-year-old working mother and small-business owner. I’ve heard it all before ad nauseam.Speaking as a liberal, I hope that Judge Aileen M. Cannon proves all of her naysayers wrong and goes down in history as an amazing jurist.Would a male judge have had the same questions raised about him at the same stage of his career? I highly doubt it. So much of this article reads like water cooler talk about the new female boss.Shantha Krishnamurthy SmithSan Jose, Calif.To the Editor:It was not the Watergate break-in that brought Richard Nixon down; it was the cover-up and obstruction of justice. Similarly, it was not the taking or storage of classified documents that resulted in Donald Trump’s indictment; it was the lying to the F.B.I. and D.O.J. and obstruction of justice.Mike Pence and Joe Biden stored government documents, but promptly cooperated with the government and returned the documents. It’s not complicated.Alan M. GoldbergBrooklynTo the Editor:I already know how I would vote if I were on the jury of the Trump trial.Good luck finding 12 Americans who don’t.Eliot RiskinRiverside, Conn.The Revolt in Russia Dmitri Lovetsky/Associated PressTo the Editor:Re “How Revolt Undermines Putin’s Grip” (news analysis, front page, June 26):An autocrat must always appear strong. An act of treason and rebellion was committed against Russia, and Vladimir Putin blinked. His mentor Stalin is turning over in his grave.A severe crack has now developed in Mr. Putin’s power structure that he may not have enough cement to repair.Ed HoulihanRidgewood, N.J.To the Editor:What kind of world have we come to when we’re rooting for the mercenaries?Elliot ShoenmanLos AngelesMigrants and New York’s SuburbsEd Day, the Rockland County executive, is one of many county leaders who have taken legal steps to try to stop New York City from sending migrants their way.Gregg Vigliotti for The New York TimesTo the Editor:“New York City and Suburbs: A Rift Widens” (front page, June 18) highlighted the opposition of Ed Day, the Rockland County executive, to migrants being housed in hotels in the suburbs.Although some suburban residents oppose migrants coming to our communities, there are others who want to give migrants a chance to have a better life. I have met many Westchester residents who want to donate food and clothing to migrants.And — if the federal government would make it easier for the migrants to work legally — we could try matching employers who can’t find employees to work in their industry with migrants who would like to work legally in the suburbs.Churches and synagogues in the suburbs would welcome the opportunity to have congregants “adopt” individual migrants and to provide them with personal attention and help so they could live a better life.Ed Day does not speak for the suburbs.Paul FeinerGreenburgh, N.Y.The writer is the Greenburgh town supervisor.Climate Education: New Jersey’s Example Desiree Rios for The New York TimesTo the Editor:Re “Schools Encourage 7-Year-Olds to Fix Climate Change, Not Fear It” (front page, June 17):Three cheers to my former home state, New Jersey, for having the guts and the smarts to take on climate change in its education system. The effects of our climate’s unsettling behavior will continue to be felt by all, whether you agree that it’s happening or deny it.The youngest of us will experience its effects longer than my generation of grandparents, so of course it is totally logical to begin with them in their early education years.The great purpose of education is to prepare all ages to live meaningfully in the world as it is and as it changes. Surely, teaching the young how to bend with the arc of change and sway with its seasons could not be more relevant today.I wish New Jerseyans well with this, but even more I wish them insight into what they are doing so they can become ambassadors to the other states and, yes, the federal Department of Education as well.Well done, New Jersey!Bill HoadleySanta Fe, N.M. More

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    Trump Trial Setting Could Provide Conservative Jury Pool

    If Judge Aileen Cannon sticks to her initial decision to hold the trial in Fort Pierce, Fla., the jury would be drawn largely from counties that Donald Trump won handily in his previous campaigns.When Judge Aileen M. Cannon assumed control of the case stemming from former President Donald J. Trump’s indictment for putting national security secrets at risk, she set the stage for the trial to be held with a regional jury pool made up mostly of counties that Mr. Trump won handily in his two previous campaigns.She signaled that the trial would take place in the federal courthouse where she normally sits, in Fort Pierce, at the northern end of the Southern District of Florida. The region that feeds potential jurors to that courthouse is made up of one swing county and four others that are ruby red in their political leanings and that Mr. Trump won by substantial margins in both 2016 and 2020.She left open the possibility that the trial could be moved — and political leanings are not necessarily indicative of how a jury will decide — but the fact that the trial is expected to draw jurors who live in places that tilt Republican has caught the attention of Mr. Trump’s allies and veterans of Florida courts.“For years, it’s been a very conservative venue for plaintiffs’ lawyers,” said John Morgan, a trial lawyer who founded a large personal injury firm. Describing the various counties that feed into Fort Pierce, he said, “It is solid, solid Trump country.”In Okeechobee County, a rural county where just over 16,000 people voted in the 2020 election, Mr. Trump won 71.5 percent of the vote, according to the county’s election tally. In Highlands County, a rural area where more than 52,000 people voted in that election, Mr. Trump won with 66.8 percent of the vote.In Martin County, where more than 98,000 people voted, Mr. Trump got 61.8 percent of the vote. In Indian River County, which contains Vero Beach and where more than 97,000 votes were cast, Mr. Trump got 60.2 percent of the vote.Only St. Lucie County, where about 172,000 votes were cast, is a swing district. Mr. Trump eked out a victory there over President Biden in 2020 with 50.4 percent of the ballots cast, the data shows, and also won the county narrowly in 2016.Dave Aronberg, an outgoing Florida state attorney in Palm Beach County, said he could recall few major or politically sensitive cases in the Fort Pierce courthouse. He agreed that the Fort Pierce counties provide a “much more conservative jury pool,” although he suggested that a number of prospective jurors could be drawn from St. Lucie, which is more politically diverse.Judge Cannon, who was appointed by Mr. Trump in 2020, disclosed in an order on Tuesday that the trial and all the hearings connected to it would likely be held in Fort Pierce, about 120 miles north of Miami along the east coast of Florida.She left open the possibility of eventually moving the trial, noting in her order that “modifications” could “be made as necessary as this matter proceeds.”The trial of a former president who is also the front-runner for the 2024 Republican nomination is likely to involve substantial security issues as well as logistical challenges given the crush of interest in the case.When Mr. Trump was arraigned this month, the proceeding took place at the large federal courthouse complex in Miami, likely because the duty magistrate assigned to the initial hearing was based there. But now that Judge Cannon will handle the remainder of the case, it became her prerogative to move it to Fort Pierce, one of four other cities in the Southern District of Florida to have a federal courthouse. (Courthouses in Miami, Fort Lauderdale and West Palm Beach sit in counties that Mr. Biden won in 2020.)The Fort Pierce courthouse, which sits on a busy state highway a few blocks from the water, is Judge Cannon’s home base. She is the sole district judge working from the building.First the Justice Department and then the special counsel, Jack Smith, investigated Mr. Trump’s mishandling of classified documents for months in front of a grand jury in Washington. Had the case been prosecuted there, the former president and his allies would have almost certainly raised concerns about the fairness of the jury pool in the city.Many rioters charged in connection with the Capitol attack on Jan. 6, 2021, sought to move their trials from Washington by claiming that local residents were largely liberals. But not one of the numerous attempts to move the trials elsewhere was approved by a judge. And Mr. Trump’s advisers are well aware that Florida, which Mr. Trump carried twice, is a more beneficial place for this particular defendant.Mr. Aronberg suggested that Judge Cannon’s order allowing flexibility could be a signal of a change down the road.“I’m not convinced this case is going to go in Fort Pierce,” he said, predicting a potential move to West Palm Beach, which would put it in the county where Mr. Trump lives and where the classified documents in question were stored after he left office. More

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    Judge in Trump Documents Case Sets Tentative Trial Date as Soon as August

    The judge, Aileen M. Cannon, set an aggressive schedule for moving the case forward, though the proceedings are likely to be delayed by pretrial clashes.The federal judge presiding over the prosecution of former President Donald J. Trump in the classified documents case set an aggressive schedule on Tuesday, ordering a trial to begin as soon as Aug. 14.While the timeline set by the judge, Aileen M. Cannon, is likely to be delayed by extensive pretrial litigation — including over how to handle classified material — its brisk pace suggests that she is seeking to avoid any criticism for dragging her feet or for slow-walking the proceeding. In each of four other criminal trials she has overseen that were identified in a New York Times review, she has initially set a relatively quick trial date and later pushed it back.The early moves by Judge Cannon, a relatively inexperienced jurist who was appointed by Mr. Trump in 2020, are being particularly closely watched. She disrupted the documents investigation last year with several rulings favorable to the former president before a conservative appeals court overturned her, saying that she never had legitimate legal authority to intervene. Brandon L. Van Grack, a former federal prosecutor who has worked on complex criminal matters involving national security, said the trial date was “unlikely to hold” considering that the process of turning over classified evidence to the defense in discovery had not yet begun. Still, he said, Judge Cannon appeared to be showing that she intended to do what she could to push the case to trial quickly.“It signals that the court is at least trying to do everything it can to move the case along and that it’s important that the case proceed quickly,” Mr. Van Grack said. “Even though it’s unlikely to hold, it’s at least a positive signal — positive in the sense that all parties and the public should want this case to proceed as quickly as possible.”But it is not clear that the defense wants the case to proceed quickly. Mr. Trump’s strategy in legal matters has long been to delay them, and the federal case against him is unlikely to be an exception. If a trial drags past the 2024 election and Mr. Trump wins the race, he could, in theory, try to pardon himself — or he could direct his attorney general to drop the charges and wipe out the case.In public remarks after the indictment against Mr. Trump and one of his aides, Walt Nauta, was filed two weeks ago in Federal District Court in Miami, the special counsel, Jack Smith, who oversaw the investigation, said he wanted a speedy trial.The schedule that Judge Cannon set forth in her order on Tuesday clearly does that, requesting that all pretrial motions be filed by July 24.She also ruled that the trial — and all the hearings in the case — will be held at her home courthouse in Fort Pierce, Fla., a small town in the northern portion of the Southern District of Florida. Mr. Trump’s arraignment was held in the federal courthouse in Miami.Pretrial proceedings in the case are highly unlikely to be done by August. Legal experts have identified a series of complicated matters that Judge Cannon, the defense and the prosecution will have to work through before the matter is ready to go in front of a jury.For one thing, following Judge Cannon’s orders, Mr. Trump’s lawyers started the process of obtaining the security clearances needed to deal with the significant classified evidence issues in the case only last week. The background check process to obtain the clearances can take months.Mr. Trump’s legal team is also still in flux. Mr. Nauta’s lawyer, Stanley Woodward Jr., is still interviewing Florida-based lawyers to assist him with the case. He expects to have someone in place when Mr. Nauta is arraigned next week.Beyond the array of legal tactics that Mr. Trump’s lawyers may use to attack the validity of the charges against him, the parties in the case will also have to engage in significant closed-door litigation over how to handle the classified evidence at the heart of the government’s prosecution. Mr. Trump has been accused of illegally holding on to 31 individual national defense documents, many of which were marked as top secret.Much of the secret litigation will take place under the aegis of the Classified Information Procedures Act. If the government does not agree with any of Judge Cannon’s rulings involving the act, it can pause pretrial proceedings and appeal to the U.S. Court of Appeals for the 11th Circuit, in Atlanta. (The defense would have to wait until after any conviction to appeal an evidentiary issue under the act.)Mr. Trump’s lawyers are expected to file a battery of pretrial motions, including one claiming that he is being selectively prosecuted while other public officials investigated for mishandling classified material — chief among them, Hillary Clinton — did not face charges.The former president’s legal team may also file motions accusing prosecutors of various types of misconduct or seeking to suppress audio notes by one of his lawyers, which the government obtained before the indictment and was filed by piercing the traditional protections of attorney-client privilege.Depending on how seriously Judge Cannon considers the claims made in those filings, she could order additional briefs, attestations and hearings, further slowing down the process.The preliminary court calendar underscores how Mr. Trump’s decision to press ahead with his political campaign, now a key part of his defense, could affect the broader presidential primary race. The first Republican debate is scheduled for Aug. 23 in Milwaukee. Mr. Trump has not said whether he is attending and has signaled he might skip the first two debates.The second debate is scheduled for September, and there is expected to be one each month through the end of the year. Depending on the court calendar, Mr. Trump’s political plans could again coincide with court dates.What’s more, this is not Mr. Trump’s only court proceeding. His trial in a Manhattan state court, on charges stemming from hush money payments to a porn actress during the 2016 presidential campaign, is set to begin in March. A second defamation trial, brought by a New York writer who claimed Mr. Trump raped her decades ago, is set to begin in January.The former president is also facing the prospect of at least one more indictment. Prosecutors in Fulton County, Ga., may bring charges in connection with his efforts to stay in office. Mr. Smith, the special counsel, is also still investigating issues related to Mr. Trump’s efforts to cling to power after losing the 2020 election. More