Judge Aileen Cannon could still "derail" the possibility of holding former President Donald Trump's federal criminal trial before the next election, according to former federal prosecutor Joyce Vance.
Cannon, a federal judge for the Southern District of Florida, issued an order on Friday that Trump's trial in the Mar-a-Lago classified documents case will begin on May 20, 2024. The former president's legal team had requested an indefinite delay for the trial until after the 2024 presidential election, raising alarms that Trump would try to shut down the case if elected to a second term.
A federal grand jury last month voted to indict Trump on 37 charges related to his alleged mishandling of classified documents after leaving the White House. Among the 37 counts, 31 are criminal charges for the alleged willful retention of national defense information in violation of the Espionage Act. Trump has maintained his innocence in the case, accusing the DOJ of being politically motivated.
Cannon dismissed the concerns put forward by Trump's team, specifically that holding a trial before the election would make it difficult to find an impartial jury. But Vance, writing about the development in a Substack post, argued that the date leaves open the possibility for the trial to be delayed until after the election and that it is not so far away that the Department of Justice (DOJ) might be able to push for an earlier start.
"I'm not bullish on this trial date setting, but it's not unexpected," Vance said. "Here's the problem: It's not so ridiculously far in the future that the government can successfully appeal.
"But, it's far enough out that the prospect of additional delays could easily move the trial date past the election and open up the prospect that Trump would face the voters without having to face the charges against him first. As the trial gets closer, there will be abundant opportunities for Trump's team to seek delays."
With the current date, Vance argued that any number of mundane developments, like an illness or witnesses becoming unavailable "due to unforeseen reasons," could result in huge delays. As a result of the packed nature of a federal judge's calendar, a delay might need to be as long as several months to fit into the schedule, she said.
"While Judge Cannon may have deemed it unnecessary to consider the 2024 election at 'this juncture,' that doesn't mean she won't revisit her decision down the road and permit Trump to campaign instead of appear in court," Vance added. "But even mundane delays could derail the speedy trial the special counsel has worked so hard to obtain here."
Newsweek reached out to the Southern District of Florida court via email for comment.
