Donald Trump is on trial in New York for civil fraud and his federal election interference trial in Washington is set for March. So on top of everything else, it’s understandable if his other federal criminal case, over classified documents and alleged obstruction, isn’t top of mind these days.
But it’s worth noting how that Florida case, overseen by U.S. District Judge Aileen Cannon, keeps getting pushed back.
Recall that Cannon previously set a trial date for May. As I explained at the time, it was a reasonable call from the Trump appointee, whose outlandish civil rulings for Trump before he was charged raised questions about how she’d handle his criminal case. Yet I also emphasized that the open question is whether that May date would hold.
It’s a question whose answer becomes murkier as the case proceeds or, sometimes, doesn’t proceed.
The latest example of that came Thursday, during a hearing sparked by special counsel Jack Smith’s concern that lawyers for Trump’s co-defendants, Walt Nauta and Carlos De Oliveira, could be conflicted because they’ve also represented possible government witnesses. But Cannon postponed the hearing for Nauta after accusing the prosecution of raising a new argument on the matter in court for the first time.
UPDATE 1 (Nauta): Judge Cannon abruptly stopped the Garcia hearing after admonishing the DOJ for making new arguments that weren’t previously raised in their filings. https://t.co/ZdJxAby0u6
— Katie Phang (@KatiePhang) October 12, 2023
This latest delay comes as Trump just asked Cannon to push the trial through at least the 2024 election, something she previously resisted doing. But whatever patience she had for the government seems to be wearing thin. Trump’s New York hush money case is set for later in March but probably won’t happen then if the federal case in Washington starts earlier that month. His Georgia election interference case doesn’t have a date yet.
Of course, should Cannon ultimately determine that conflicts do exist that necessitate new counsel, that could push the case back even further as new counsel get up to speed. That’s why it’s the sort of thing that needs to be settled quickly either way.
And while we still don’t know how this one of Trump’s four criminal cases will end, the latest episode highlights the great power trial judges wield over all aspects of their docket, perhaps the calendar above all.
