Judge Denies Jack Smith’s Deadline Request

 November 17, 2023

A crucial ruling has just landed concerning former President Donald Trump and the possession of classified documents.

A federal judge in Florida has overruled the special counsel's request for an immediate deadline to disclose any classified materials, potentially pushing back the trial start date.

Special counsel Jack Smith's proposal was for Trump to reveal by mid-December any classified evidence he planned to use in his defense. However, this was rejected by Judge Aileen Cannon. Initially set for May 20, 2024, the trial might now be postponed.

Classified Information Procedures Act in Focus

The Classified Information Procedures Act (CIPA) plays a central role in this case. CIPA outlines the protocol for managing classified materials in legal proceedings. Notably, Section 5 mandates defendants to inform prosecutors about classified material they intend to use at trial.

Prosecutors had asked Trump to inform them about such materials by December 18. This would have allowed the completion of CIPA procedures before the May trial date. However, Judge Cannon had other plans in mind.

According to Cannon, the Section 5 deadline, along with other pre-trial deadlines, will be addressed at a conference in March. This new development makes it unlikely the May trial date will remain unchanged.

Implications for the Trial Timeline

From the prosecution's perspective, this decision is a disappointment as they were keen to keep the trial on schedule. On the other hand, it is a victory for Trump, who has been seeking to delay the trial until after the 2024 election.

Some key developments have occurred in the case's timeline. On August 8, 2022, Trump's Mar-a-Lago residence was searched, and classified documents were confiscated. Four days later, Judge Cannon was assigned to the case.

On September 1, Cannon approved Trump's request for a special master to review the seized documents. This halted the Department of Justice's criminal investigation temporarily. However, the 11th Circuit overturned part of Cannon's particular master order on October 4, allowing the DOJ to resume its investigation.

Deadlines to be Addressed in March

On November 18, Cannon denied the DOJ's request for a December deadline for Trump to disclose any classified evidence under CIPA Section 5. Now, a scheduling conference set for March 1, 2024, will address the outstanding deadlines. Following these developments, the trial start date of May 20, 2024, is expected to be postponed.

In her ruling, Cannon stated:

"CIPA Section 5 deadlines, and all other pre-trial deadlines not included in the first batch of pre-trial deadlines" will be addressed at the scheduling conference in March.

The prosecutors had argued for a set date to facilitate the completion of CIPA litigation before the May trial. However, their request was not granted.


The March 2024 scheduling conference will be a pivotal moment in determining the future course of this legal battle. Here, the vital deadlines under CIPA, along with other pre-trial arrangements, will be set.

  • The special counsel’s request for a December deadline for Trump to disclose classified documents was denied by Judge Aileen Cannon.
  • CIPA Section 5 deadline and other pre-trial deadlines are to be addressed in March 2024, making it unlikely the May 2024 trial date will stand.
  • This decision is a setback for the prosecution but a win for Trump, who wants the trial postponed until after the 2024 election.

About Robert Cunningham

With years of experience at the forefront of political commentary, Robert Cunningham brings a blend of sharp wit and deep insight to his analysis of American principles at the Capitalism Institute.

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