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    Trump Co-Defendants Argue for Dismissal of Charges in Documents Case

    The judge did not rule on motions by lawyers for Walt Nauta and Carlos De Oliveira, who are accused of helping the former president obstruct government efforts to recover classified material.Lawyers for co-defendants of former President Donald J. Trump argued in federal court in Florida on Friday to dismiss charges of aiding in the obstruction of efforts to recover classified documents.It was a rare hearing of the documents case in which Mr. Trump did not take center stage. His co-defendants, Walt Nauta and Carlos De Oliveira, are loyal Trump employees, accused of conspiring with the former president to hide boxes containing classified government materials after Mr. Trump left office.Prosecutors also accused them of plotting to destroy security camera footage of the boxes being moved.Judge Aileen M. Cannon considered the defense lawyers’ arguments in her Fort Pierce, Fla., courtroom but ended the two-hour hearing Friday without making a decision on whether the charges against the two men should be dismissed. She also did not announce a date for the trial to begin, despite holding a hearing more than a month ago on the matter.Mr. Nauta and Mr. De Oliveira often take a back seat in the case against Mr. Trump. But each faces up to 20 years in prison if convicted of the most serious offenses.Mr. Nauta, 41, is Mr. Trump’s personal aide and served as his military valet when Mr. Trump was in the White House. He spent 20 years in the Navy, taking an honorable discharge in September 2021, according to his service records.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. 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