Donald Trump’s co-defendant in the classified documents case, Walt Nauta, should have been arraigned by now. That arraignment is finally set to happen on Thursday, but these slight delays can add up in a case in which timing is everything.
Remember, Judge Aileen Cannon initially set an August trial date. But as I noted at the time, that start date was never going to happen. Rather, special counsel Jack Smith’s December request is probably the earliest realistic date — and even that is far from guaranteed.
While Trump was arraigned in Miami almost a month ago, Nauta’s arraignment was delayed so he could secure proper counsel. The Trump aide needed a lawyer admitted to the Florida federal district where he and the former president were charged. But last week, when Nauta was set to be arraigned after the initial delay, he still didn’t have proper counsel, and the arraignment was pushed again, to Thursday.
Thursday was supposed to be the date by which Trump had to respond to Smith’s December trial date request. But with Nauta’s latest delay, Cannon on Friday pushed the response deadline to July 10. Given the Trump-appointed judge’s previous dubious involvement in the litigation before Trump was charged, it’s always reasonable to wonder if any of her moves in the criminal case are legally suspect.
It’s still early, but Cannon hasn’t done anything in the criminal case that, under precedent, would warrant her removal — and it’s hard to see how her pushing the defense response date back a few days changes that. But, as Nauta is set to finally be arraigned this week, how she responds to any further delay attempts will be telling — as will her reaction to the defendants’ response to Smith’s December trial date request, once they finally weigh in. How far past December the defendants seek to push the trial — and what Cannon allows — could shed light on how much Nauta’s pre-arraignment delay helped the defense.
Jordan Rubin is the Deadline: Legal Blog writer. He was a prosecutor for the New York County District Attorney’s Office in Manhattan and is the author of “Bizarro," a book about the secret war on synthetic drugs. Before he joined MS NOW, he was a legal reporter for Bloomberg Law.
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