Tuesday, June 20, 2023

Aileen's next order

Judge Aileen Cannon set Donald Trump’s trial for hoarding 31 highly classified documents for August 14, 2023.

The trial won’t happen that quickly. This is, instead, an order stemming from Speedy Trial Act (and in any case, the trial would be set back a few weeks once Walt Nauta is arraigned, because barring a plea or other unforeseen developments, they will be tried together). Per the boilerplate, the two sides have to file Speedy Trial notices every 21 days from here on out.

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Cannon ordered that each side can propose no more than 10 voir dire questions to be used in jury selection. This suggests that Cannon plans to conduct the questioning of the jury (again, this is routine in many places) and that she doesn’t envision the kind of 200 word questionnaire I would have envisioned to weed out bias.

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Another part of the order that may matter pertains to Rule 404(b) notices.

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404(b) notices pertain to related conduct that is not itself part of the charges. I

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n the indictment, for example, the incident in which Trump leaked details of an Iran document may need to be introduced as Rule 404(b), because while it is itself a crime, it is not the crime charged in the indictment. Similarly, DOJ could try to introduce evidence that Trump selectively spilled classified information even as President.

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This order is boilerplate, and all it shows is that Cannon is, thus far, treating the trial of a former President as she would any other trial.

  Emptywheel

...but hey, do what you want...you will anyway.

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