Key points for Tuesday’s classified documents court hearing involving Donald Trump’s arrest.
Government and Trump Lawyers Head to Court Over Classified Documents
Attorneys for the government and former President Donald Trump are set to appear in federal court on Tuesday afternoon to discuss the handling of classified documents and whether Trump will stand trial before the 2024 presidential election.
The classified materials seized from Trump’s Florida resort home will be returned to South Florida, where they will be inspected by prosecutors and defense attorneys in a special room at the downtown Miami courthouse with proper security authorization.
What to Expect at the Hearing
The hearing before U.S. District Judge Aileen Cannon marks the first step in a mostly closed-door dispute under the Classified Information Procedures Act (CIPA), a law that regulates the use of secret evidence at public trials.
Reporters and members of the public will be allowed to attend the hearing, but electronic devices are prohibited.
During the hearing, both parties will discuss their disputes on when the trial should begin. Trump is seeking to delay the trial until after the election, while the government wants it to start in early December. Cannon has tentatively set a trial date for early August.
What is a CIPA Hearing?
A CIPA hearing is a proceeding governed by the Classified Information Procedures Act. It is commonly used in cases involving classified materials and the Espionage Act.
CIPA allows the court to shield or create substitutions for classified evidence. Prosecutors can limit the evidence they turn over to the defense during the discovery phase, and the defense must inform the judge and prosecutors which classified evidence they plan to introduce during the trial.
The judge can block the use of evidence, permit redactions, or allow substitutions as long as it doesn’t impede Trump’s right to a fair trial. The defense can object to proposed changes and argue for the full details.
Does the Defense Have Security Clearance?
Only two defense lawyers have applied for interim security clearances, which would allow them to access the majority of the classified records from Mar-a-Lago. The classified documents will be kept in a sensitive compartmented information facility (SCIF) at the federal courthouse in Miami.
What Will the Jury See?
Prosecutors will compile evidence to show the jury how Trump allegedly endangered national security. Each juror will likely need to see portions of the 31 files mentioned in the indictment. The defense can request related classified evidence during the discovery phase.
Trump’s lawyers have indicated their intention to make a large portion of the sensitive evidence public, arguing for full transparency in the prosecution of a leading presidential candidate.
What is the “Silent Witness” Rule?
The “silent witness” rule allows the government to show a summary of classified contents instead of the official records. It can also limit the publication of the classified document to only the defense and the jury, keeping it inaccessible to the public.
Witnesses may be allowed to testify in a sealed proceeding with modified image and voice.
Looming Protective Order Decision
The special counsel has included a proposed protective order for classified information ahead of the CIPA hearing. The government wants some materials given to Trump’s lawyers to be off-limits to the former president, which could cause further delay if challenged.
Trump’s counsel can seek a delay in the CIPA procedures and precedents as long as they can demonstrate a good faith basis for their argument.
Ultimately, the Trump team is focused on fighting over the procedures, prioritizing delays over the amount of documents involved.
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