FL - Former President Donald Trump indicted, 40 counts, classified documents and obstruction of justice, June 2023, Trial May 2024 #2

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and some more docket updates...

Document Updates:
# Date Description
613 06/13/2024 PAPERLESS ORDER: In light of the parties' in camera representation to the Court, the Clerk is directed to UNSEAL Sealed Notice of Activity in the Disclosure and Transfer Proceeding [546]. Signed by Judge Aileen M. Cannon on 6/11/2024. (jf01) (filed: 06/11/2024)

614 06/11/2024 PAPERLESS ORDER granting Defendants' Opposed Motion for Extension of the Deadline for Rule 16 Expert Disclosures [610]. For the reasons stated in the Motion, the Court finds that good cause exists for the extension request and that no prejudice to the Special Counsel or to the proceeding will result from granting the relief sought in the Motion. On or before July 8, 2024, Defendants shall file their Rule 16 expert disclosures. Moving forward, any requests for extension or enlargement must be filed sufficiently in advance of the deadline at issue. Signed by Judge Aileen M. Cannon on 6/11/2024. (jf01) (filed: 06/11/2024)

615 06/11/2024 PAPERLESS ORDER granting Motion / Notice to Join and Adopt as to Defendant Nauta [611]. Nothing in this Order shall be construed as a comment on the merits of the applicable Motion [326] or its associated filings. Signed by Judge Aileen M. Cannon on 6/11/2024. (jf01) (filed: 06/11/2024)


link: https://www.docketbird.com/court-cases/USA-v-Sealed/flsd-9:2023-cr-80101-648652re
 
forgot to post these from yesterday....

Document Updates:
# Date Description
616. SPEEDY TRIAL REPORT Seventeenth Speedy Trial Report by USA as to Donald J. Trump, Waltine Nauta, Carlos De Oliveira (filed: 06/11/2024)

617. MOTION Supplemental Brief in Opposition to Defendant Donald J. Trump's Motion to Dismiss the Indictment Based on the Unlawful Appointment and Funding of Special Counsel Jack Smith re [326] MOTION to Dismiss [85] Indictment, Based on the Unlawful Appointment and Funding of Special Counsel Jack Smith by Constitutional Lawyers, Former Government Officials, and State Democracy Defenders Action as to Donald J. Trump, Waltine Nauta, Carlos De Oliveira. Responses due by 6/25/2024. (filed: 06/11/2024)
1. Exhibit List of Amici Curiae

618 06/11/2024 Motion Supplement Brief of Amici Curiae in Support of Defendant Trump's Motion to Dismiss re [326] Motion to Dismiss [85] Indictment. Based on the Unlawful Appointment and Funding of Special Counsel Jack Smith, [588] Order, by Michael B Mukasey, Citizens United Foundation, Citizens United, Gary Lawson, Steven Calabresi, Edwin Meese, III as to Donald J. Trump, Waltine Nauta, Carlos De Oliveira Attorney Edward H. Trent added to party Michael B. Muasey (pty:ip). Response due by 06/25/2024.

619 06/11/2024 Response providing Supplemental Submission in Further Support of Motion to Dismiss under the Appropriations Clause by Donald J. Trump to [588] Order.

620. Government's Supplemental Brief Addressing the Supreme Court's Decision in Consumer Financial Protection Bureau v. Community Financial Services of America, Ltd. by USA as to Donald J. Trump, Waltine Nauta, Carlos De Oliveira (filed: 06/11/2024)


link: https://www.docketbird.com/court-cases/USA-v-Sealed/flsd-9:2023-cr-80101-648652re
 
Ironic, isn't it? A Speedy Trial report (17 of them) in a criminal matter that is being dragged out endlessly.
Must remain resolute. I think the strategy is to bore and tire the public into not caring anymore, not that trials should be scheduled based on public's attention span, of course.

jmo
 
Document Updates:
# Date Description
621 06/13/2024 NOTICE of Filing by USA as to Donald J. Trump, Waltine Nauta, Carlos De Oliveira (filed: 06/13/2024)
1. Exhibit Stamped Half Sheet

622. Memorandum in Opposition by Donald J. Trump re [592] MOTION to Modify Conditions of Release Replies due by 6/21/2024. (filed: 06/14/2024)

link: https://www.docketbird.com/court-cases/USA-v-Sealed/flsd-9:2023-cr-80101-648652re
 
Document Updates:
# Date Description
623 06/16/2024 MOTION to File Amicus Brief by Henry Whitaker. by Donald J. Trump as to Donald J. Trump, Waltine Nauta, Carlos De Oliveira. Responses due by 7/1/2024. (filed: 06/16/2024)
1. Amicus brief
2. (Proposed order to permit filing of amicus brief)

624. PAPERLESS ORDER denying [623] Motion for Leave to File Brief as Amicus Curiae in Opposition to Special Counsel's Motion to Modify Conditions of Release [592]. Signed by Judge Aileen M. Cannon on 6/17/2024. (jf01) (filed: 06/17/2024)

link: https://www.docketbird.com/court-cases/USA-v-Sealed/flsd-9:2023-cr-80101-648652re
 
For the past 30 to 40 years, SCOTUS has been very reluctant to make big decisions that settle long standing problems that are split on mostly party lines, like qualified immunity or Chevron. A lot of state supreme courts are the same way. For example, MI Supreme court did that with a lot of the Governors Covid executive orders and by the time they finally made a decision, most of those orders had been rescinded or expired.
So, SCOTUS will wait as long as they can, in hopes that the court cases are resolved in a way that lets them off the hook on making a decision on Presidential Immunity.
That's a dereliction of duty is it not? Judges should be non-partisan too which doesn't look to be the case in the US.
 
Document Updates:
# Date Description
626 06/17/2024 MOTION for Leave to Submit Filings via ECF Portal on behalf of Amici Curiae Professor Seth Barrett Tillman and Landmark Legal Foundation as to Donald J. Trump, Waltine Nauta, Carlos De Oliveira. Responses due by 7/1/2024. (filed: 06/17/2024)

link: https://www.docketbird.com/court-cases/USA-v-Sealed/flsd-9:2023-cr-80101-648652re

So this is the guy who Cannon is allowing to speak on behalf of dismissing trump's indictment. Professor Seth Barrett Tillman. Not even part of the trial.

He says Jack Smith is just an employee therefore he can't exercise the broad prosecutorial powers of a United States attorney.

 

Judge in Trump Documents Case Rejected Suggestions to Step Aside:​


The judges who approached Judge Cannon — including the chief judge in the Southern District of Florida, Cecilia M. Altonaga — each asked her to consider whether it would be better if she were to decline the high-profile case, allowing it to go to another judge, the two people said.

But Judge Cannon, who was appointed by Mr. Trump, wanted to keep the case and refused the judges’ entreaties. Her assignment raised eyebrows because she has scant trial experience and had previously shown unusual favor to Mr. Trump by intervening in a way that helped him in the criminal investigation that led to his indictment, only to be reversed in a sharply critical rebuke by a conservative appeals court panel.


 
Document Updates:
# Date Description
628``06/20/2024 PAPERLESS ORDER granting Special Counsel's Unopposed Motion for Additional Pages [627]. Signed by Judge Aileen M. Cannon on 6/20/2024. (jf01) (filed: 06/20/2024)

629 06/20/2024 PAPERLESS ORDER denying [626] Motion for Leave to Submit Electronic Filings, filed on behalf of Amici Curiae Professor Seth Barrett Tillman and Landmark Legal Foundation. Signed by Judge Aileen M. Cannon on 6/20/2024. (jf01) (filed: 06/20/2024)

link: https://www.docketbird.com/court-cases/USA-v-Sealed/flsd-9:2023-cr-80101-648652re
 

Judge in Trump Documents Case Rejected Suggestions to Step Aside:​


The judges who approached Judge Cannon — including the chief judge in the Southern District of Florida, Cecilia M. Altonaga — each asked her to consider whether it would be better if she were to decline the high-profile case, allowing it to go to another judge, the two people said.

But Judge Cannon, who was appointed by Mr. Trump, wanted to keep the case and refused the judges’ entreaties. Her assignment raised eyebrows because she has scant trial experience and had previously shown unusual favor to Mr. Trump by intervening in a way that helped him in the criminal investigation that led to his indictment, only to be reversed in a sharply critical rebuke by a conservative appeals court panel.


If you don't know enough to step aside when other judges suggest you step aside because you don't know enough, that means you don't know enough and should step aside!

:)

jmo
 

Judge in Trump Documents Case Rejected Suggestions to Step Aside:​


The judges who approached Judge Cannon — including the chief judge in the Southern District of Florida, Cecilia M. Altonaga — each asked her to consider whether it would be better if she were to decline the high-profile case, allowing it to go to another judge, the two people said.

But Judge Cannon, who was appointed by Mr. Trump, wanted to keep the case and refused the judges’ entreaties. Her assignment raised eyebrows because she has scant trial experience and had previously shown unusual favor to Mr. Trump by intervening in a way that helped him in the criminal investigation that led to his indictment, only to be reversed in a sharply critical rebuke by a conservative appeals court panel.



This case will (eventually) go to a federal appeals court. Cannon appears to be giving Jack Smith plenty of reasons to take it there.

imo
 

The attempt to persuade Cannon to step aside was reportedly prompted by her actions after the FBI seized the documents – when she intervened on Trump’s side after he had filed suit claiming they were his personal property, appointing a special master to review them before prosecutors had a chance to see them.

This ruling was later reversed by the 11th court of appeals in Atlanta, which issued a rebuke of Cannon’s judgment, saying she had no authority to bar investigators from seeing the documents.

The argument that this episode was sufficient reason for Cannon to pass on the case was reportedly put forward by Cecilia Altonaga, the chief judge of Florida’s southern district.

Another unnamed judge was said to have put a different line of reasoning to her – that it would be better to have the case transferred to a jurist based closer to the district’s busiest courthouse in Miami, which had a facility to store the classified documents and where Trump had initially been indicted.

Since Cannon rejected entreaties to defer the case to another judge, a secure facility to store the documents has since been built at taxpayers’ expense in the courthouse where she presides at Fort Pierce, around two hours’ drive north of Miami.
 
Document Updates:
# Date Description
630. MOTION FOR LEAVE TO FILE NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF DEFENDANT TRUMP'S MOTION TO DISMISS THE INDICTMENT DE [326] by Landmark Legal Foundation as to Donald J. Trump, Waltine Nauta, Carlos De Oliveira. Responses due by 7/8/2024. (filed: 06/20/2024)

631 06/20/2024 NOTICE of Compliance of Filing of CIPA Section 5(a) Notice by Waltine Nauta as to Waltine Nauta, Carlos De Oliveira re 530 Order, Set Hearings, Set/reset Motion/R&R Deadlines and Hearings, Set Deadlines.

632. NOTICE of filing sealed ex parte Order Granting Relief Sought in Special Counsel's Fourth Classified Supplement to CIPA � 4 Motions. Signed by Judge Aileen M. Cannon on 6/20/2024. See attached document for full details. (jf01) (filed: 06/20/2024)

633. Unopposed MOTION to File Amicus Brief and Incorporated Memorandum of Law by Samuel J. Salario, Jr. by America First Legal Foundation as to Donald J. Trump, Waltine Nauta, Carlos De Oliveira. Responses due by 7/8/2024. (filed: 06/20/2024)
1. Exhibit A - Amicus Curiae America First Legal's Brief in Support of Defendant

link: https://www.docketbird.com/court-cases/USA-v-Sealed/flsd-9:2023-cr-80101-648652re
 
This is a Long one... due to all the filings...

Friday, June 21st:
*Motions Hearing (@ 9:30am ET) - FL – *Donald John Trump (76/now 78) indicted (6/8/23), charged & arraigned (6/13/23) with 31 counts of willful retention of classified documents, 1 count of conspiracy to obstruct justice, 1 count of withholding a document or record, 1 count of corruptly concealing a document or record, 1 count of concealing a document in a federal investigation, 1 count of scheme to conceal & 2 counts of making false statements & representations. Plead not guilty.
Additional indicted & charged (7/27/23) with 1 count of willful retention of defense information & 2 counts of obstruction. Plead not guilty in filing of waiver of non appearance & released on own recognizance with no monetary bond (Personal Surety Bond) & no travel restrictions (8/4/23). Southern District of Florida (Miami) Federal Court
Count 1-31: Willful retention of National Defense info, Count 32: Conspiracy to obstruct justice, Count 33: Withholding a document or record, Count 34: Corruptly concealing a document or record, Count 35: Concealing a document in a Federal investigation, Count 36: Scheme to conceal & Count 37: False statements & representations.
Co-Conspirator *Waltine Nauta (41 or 42) indicted (6/8/23) & charged (6/13/23) on 6 charges stemming from special counsel Jack Smith’s classified documents probe, including conspiracy to obstruct justice, withholding a document or record, corruptly concealing a document or record, concealing a document in a federal investigation, scheming to conceal & making false statements to federal agents. Plead not guilty.
Additional indicted & charged (7/27/23) with 2 counts of obstruction of justice. No plea entered & released on his own recognizance with no monetary bond (Person Surety Bond). Southern District of Florida (Miami) Federal Court
Count 32: Conspiracy to obstruct justice, Count 33: Withholding a document or record, Count 34: Corruptly concealing a document or record, Count 35: Concealing a document in a Federal investigation, Count 36: Scheme to conceal & Count 38: False statements & representations.
Co-Conspirator *Carlos de Oliveira (56) has also been indicted & charged (7/27/23) with 1 count each of obstruction of justice, concealing records & documents & 1 count of making false statements to FBI. He is alleged to have asked what could be done to delete the footage. Plead not guilty (8/15/23). $100K Surety bond-out on bond. Judge ruled that, in the meantime, De Oliveira must hand in his expired U.S. passport within 48 hours. Southern District of Florida (Miami) Federal Court
Mr. Nauta & Mr. de Oliveira conspired to delete footage from security cameras after the Dept. of Justice issued a subpoena asking for surveillance footage of the basement where it said confidential documents were held. In the court documents, Mr. de Oliveira is claimed to have texted another employee who was the director of information technology that "the boss" wanted the server deleted. The documents allege that Mr. de Oliveira later met with the employee in a small IT room, told him their conversation should remain private, then pressured the man into obliging his request after the employee told Mr. de Oliveira that he did not have the authority.
Indictment: https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.3.0.pdf
Trial was set to begin on 5/20/24 with Jury Selection has been put on Hold. Govt’’s Proposed trial date 7/8/24. Defense’s Proposed trial date 8/12/84 (for Trump & De Oliveira). And Proposed trial date 9/9/24 (for Nauta). (trial expected to take 2 weeks). Trial will be on Mondays, Tuesdays, Thursdays & Fridays.
Judge Aileen Cannon presiding. Special Counsel Jack Smith. Defense attorneys for Trump are Todd Blanche, Christ Kise & Emil Bove, Nauta’s attorney Stanley Woodward & De Oliveira by Jack Irving.

Case & court info from 4/2/23 thru 5/20/24 reference post #527 here:
https://www.websleuths.com/forums/t...ice-june-2023-trial-may-2024-2.686530/page-26

5/21/24 Docket update: [558] Paperless Order: The Court is in receipt of the Joint Status Report Regarding Sealed Filings 557. Upon review, the Clerk is directed to UNSEAL ECF Nos. 45, 48, 139, 140 & 141. On or before May 28, 2024, (1) Defendant Nauta shall publicly file Docket Entry 138 with redactions to names of potential witnesses, ancillary names & personal identifying information (PII); and (2) the Special Counsel shall publicly file Docket Entry 142 with redactions to witness names, ancillary names & PII. In docketing these filings, the parties shall clearly indicate in the docket text the corresponding sealed filing. Signed by Judge Aileen M. Cannon on 5/21/24. [561] Motion to Dismiss [85] Indictment, based on Prosecutorial Misconduct & Due Process Violations by Trump. Responses due by 6/4/24 [Exhibits 1-15]. [562] Response in Opposition by USA as to rump re [561] Motion to Dismiss [85] Indictment, Based on Prosecutorial Misconduct & Due Process Violations Replies due by 5/28/24 [Exhibits 1 & 2]. [563] Reply to Response to Motion by Trump re [561] Motion to Dismiss [85] Indictment, Based on Prosecutorial Misconduct & Due Process Violations. [564] Motion of Compliance re [558] Order. (ECF Nos. 45, 48, 139, 140 & 141 Unsealed). [565] Speedy Trial Report Sixteenth Speedy Trial Report by USA as to Trump, Nauta & De Oliveira. [566] Motion to Suppress Evidence and, Motion to Dismiss [85] Indictment, (Responses due by 6/4/24.) by Trump. [Exhibits 1-20] [567] Response in Opposition by USA as to Trump re [566] Motion to Suppress Evidence & Motion to Dismiss [85] Indictment, Replies due by 5/28/24 [Exhibits 1-5]. [568] Reply to Response to Motion by Trump re [566] Motion to Suppress Evidence & Motion to Dismiss [85] Indictment. [569] Notice of Filing by Trump re [552] Order on Motion for Miscellaneous Relief. [572] notice of Compliance by USA as to Trump, Nauta & De Oliveira re [552] Order on Motion for Miscellaneous Relief.
5/22/24 Update: Non-evidentiary hearing for Nauta. 5/22/24 Docket update: [573] Paperless Minute Entry for hearing held before Judge Aileen M. Cannon on 5/22/24. The Court heard argument on (1) Defendant Nauta's Motion to Dismiss for Selective & Vindictive Prosecution [485]; and (2) Defendants' Motion to Dismiss Indictment for Insufficient Pleading [352]. Motions taken under advisement. On or before 5/24/24, parties directed to file sealed/unredacted versions of remaining items as discussed for docket completeness, along with any notices of supplemental authority in accordance with the Local Rules. Total time in court: 4 hours 30 minutes. Attorney Appearances: Jay I. Bratt, David Harbach, Anne McNamara, Michael Thakur, Todd Blanche, Christopher Kise, Stanley Woodward, Sasha Dadan & Larry Donald Murrell, Jr. Other Appearances: Defendants Nauta & De Oliveira. See post #528 on page 27 article for more info on hearing.
5/22/24 Update: More info on hearing. In a morning proceeding that had been scheduled for Nauta to present arguments that special counsel Jack Smith’s team had selectively & vindictively brought charges against him. But the hearing quickly diverted into a longstanding disagreement over an August 2022 meeting between prosecutor Jay Bratt & Nauta’s defense attorney, Stanley Woodward. Woodward has claimed in court proceedings & filings that Bratt attempted to pressure him into convincing Nauta to cooperate against Trump by threatening to affect a potential judgeship nomination. Cannon did not issue a ruling from the bench on Nauta’s motion that the case be dismissed on those grounds. Nor did Cannon rule on a motion she heard during an afternoon session Wednesday, brought by all three of the case’s defendants, who claimed that the indictment suffers technical flaws that required the dismissal of the charges. Cannon seemed skeptical of those arguments, while also expressing concern about a jury’s ability to understand legal nuances in the case at a future trial. Wednesday kicks off a stretch of hearings scheduled through late July that will get the case through some – but not all – of the pretrial issues. Several legal issues have still gone unresolved, including at least five motions to dismiss the criminal case. Cannon has repeatedly suggested that various legal issues could be punted down the road & handled closer to trial. 5/22/24 Docket update: [574] Notice of filing exhibit by Nauta re [556] Reply to Response [Exhibit A].
5/23/24 Docket update: [575] Supplemental Response to Standing Discovery Order by USA as to Trump, Nauta & De Oliveira. 5/23/24 Docket update: [576] Restricted/sealed until further notice. [577] Notice of Compliance by USA as to Trump, Nauta & De Oliveira.
5/24/24 Docket update: [578] Restricted/sealed until further notice. [579] Restricted/sealed until further notice. [580] Transcript of Motions as to Trump, Nauta & De Oliveira held on 5/22/24 before Judge Aileen M. Cannon, 1-200 pages, Court Reporter: Laura Melton. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/14/24. Redacted Transcript Deadline set for 6/24/24. Release of Transcript Restriction set for 8/22/24. [581] Motion to modify conditions of release by USA as to Trump. Responses due by 6/7/24. [582] Notice of Supplemental Authority re [352] Motion to Dismiss [85] Indictment, by Nauta. 5/25/24 Update: Special counsel Jack Smith filed "Government's Motion for Modification of Conditions of Release" & asks Judge Cannon to modify Trump’s conditions of release to bar him from making statements that pose a significant danger to law enforcement agents in the classified docs case. Prosecutors say the modification is necessary because of “intentionally false & inflammatory” statements made by Trump that “distort the circumstances” of the FBI’s search at Mar-a-Lago & created a “misleading” impression of the conduct of law enforcement officers. See post #540, page 27, thread #2 for more info. 5/27/24 Docket Update: [583] Motion to Strike [581] Motion to Modify Conditions of Release, Motion for Sanctions by Trump. Responses due by 6/10/24. Exhibit attached.
5/28/24 Update: Judge Cannon has denied Jack Smith's gag order request in FL, saying prosecutors' failure to confer with defense before filing it was "wholly lacking in substance & professional courtesy." 5/28/24 Docket Update: [584] Paperless Order denying without prejudice for lack of meaningful conferral [581] the Special Counsel's Motion to Modify Conditions of Release. Upon review of the Motion [581] [581-1], Defendant Trump's procedural opposition [583] & the attached email correspondence between counsel [583-1], the Court finds the Special Counsel's pro forma "conferral" to be wholly lacking in substance & professional courtesy. It should go without saying that meaningful conferral is not a perfunctory exercise. Sufficient time needs to be afforded to permit reasonable evaluation of the requested relief by opposing counsel & to allow for adequate follow-up discussion as necessary about the specific factual & legal basis underlying the motion. This is so even when a party "assume" the opposing party will oppose the proposed motion [583-1] & it applies with additional force when the relief sought--at issue for the first time in this proceeding & raised in a procedurally distinct manner than in cited cases--implicates substantive and/or Constitutional questions. Because the filing of the Special Counsel's Motion did not adhere to these basic requirements, it is due to be denied without prejudice. Any future, non-emergency motion brought in this case--whether on the topic of release conditions or anything else--shall not be filed absent meaningful, timely & professional conferral. S.D. Fla. L.R. 88.9, 7.1(a)(3); see ECF No. 28 p. 2; ECF No. 82. Moreover, all certificates of conference going forward shall (1) appear in a separate section at the end of the motion, not embedded in editorialized footnotes; (2) specify, in objective terms, the exact timing, method & substance of the conferral conducted; and (3) include, if requested by opposing counsel, no more than 200 words verbatim from the opposing side on the subject of conferral, again in objective terms. Failure to comply with these requirements may result in sanctions. In light of this Order, the Court determines to deny without prejudice Defendant Trump's Motion to Strike & for Sanctions [583]. Signed by Judge Aileen M. Cannon on 5/28/24. [585] Government's response to Defendant Nauta's Motion to Reference Discovery-ECF No. 142 Defendant Nauta's by USA as to Trump, Nauta & De Oliveira. [586] Unopposed Motion to Adopt/Join [364] Unopposed Motion to File Amicus Brief by Edward H. Trent. By Former Attorney General Michael B. Mukasey by Citizens United Foundation, Citizens United, Gary Lawson, Steven Calabresi, Edwin Meese, III as to Trump, Nauta & De Oliveira. Responses due by 6/11/24; attached Text of Proposed Order.
5/29/24 Docket update: [587] Paperless Order granting [586] Former United States Attorney General Michael B. Mukasey's Unopposed Motion for Leave to Join Amicus Brief Filed by Former Attorney General Edwin Meese III, Professors Calabresi & Lawson, Citizens United & Citizens United Foundation [364]. Signed by Judge Aileen M. Cannon on 5/29/24.
5/29/24 Docket update: [588] Paperless Order: In anticipation of the 6/21/24 hearing on Defendant Trump's Motion to Dismiss the Indictment based on the Unlawful Appointment & Funding of Special Counsel Jack Smith [326], the Special Counsel & Defendant Trump are directed as follows. On or before 6/11/24, the parties shall separately file supplemental briefs, not to exceed 15 double-spaced pages (exclusive of title/certificates, etc.), on what impact, if any, the Supreme Court's decision in Consumer Financial Protection Bureau v. Community Financial Services Association of America, Ltd., 601 U.S. 416 (2024), has on Defendant Trump's Appropriations Clause challenge as raised in the Motion [326]. The parties' supplemental briefs also should clarify, in a separate section, what appears to be the position set forth in the parties' submissions--i.e., that no factual development is warranted or necessary to resolve either of the two challenges raised in the Motion, because the extent of the Special Counsel's authority & status is delimited & evaluated by the statutory & regulatory authorities cited in Appointment Order No. 5559-2022 (for purposes of the Appointments Clause challenge), and by that same Appointment Order & the cited DOJ Appropriations Act (for purposes of the Appropriations Clause challenge). The Court also authorizes (but does not require) the three already-approved amici [364] [410] [429] on the Motion--and only those amici--to file, by the 6/11/24 deadline, supplemental briefs limited reasonably to the factual-development question raised above, not to exceed 10 double-spaced pages (exclusive of title/certificates, etc.). Signed by Judge Aileen M. Cannon on 5/29/24.
5/30/24 Docket update: [589] Paperless Order to Show Cause as to Defendant Nauta: By order dated 5/21/24, Defendant Nauta was required, on or before 5/28/24, to publicly file Docket Entry 138 with specified redactions [558]. Defendant Nauta has not complied with that Order & the deadline to do so has passed. Accordingly, on or before 6/3/24, Defendant Nauta shall (1) publicly file Docket Entry 138 in compliance with the Court's prior Order [558]; and (2) show cause, in writing, why he failed to comply with the Court's instructions by the original deadline of 5/28/24. Failure to comply with this Order may result in sanctions. Signed by Judge Aileen M. Cannon on 5/30/24.
5/31/24 Docket updates: [590] Motion for Leave of Professor Seth Barrett Tillman & Landmark Legal Foundation to Participate in Oral Argument as Amici Curiae in Support of Defendant Trump's Motion to Dismiss the Indictment, [ECF No. [326]] by Michael A. Sasso. Responses due by 6/14/24. [591] Status Report Government's Discovery Status Report by USA as to Trump, Nauta & De Oliveira. [592] Motion to Modify Conditions of Release by USA as to Trump. Responses due by 6/14/24. Exhibits 1-5. [593] Notice of Defendants' Discovery Status Report by Nauta re [530] Order, Set Hearings, Set/Reset Motion/R&R Deadlines & Hearings, Set Deadlines.
6/2/24 Docket update: [594] Paperless Order: On or before 6/14/24, Defendant Trump shall respond to [592] the Special Counsel's Motion for Modification of Conditions of Release. Any reply in support of the Motion shall be due on or before 6/21/24. Signed by Judge Aileen M. Cannon on 6/2/24. 6/2/24 Docket Update: [595] Notice of Compliance by filing of Redacted [138] Motion for Leave to Disclose by Nauta re [558] Order, [589] Order. Exhibit A.
6/3/24 Docket update: Set/Reset Deadlines/Hearings in case as to Trump, Nauta & De Oliveira [592] Motion to Modify Conditions of Release. (per Order DE 594) Responses due by 6/14/24. Replies due by 6/21/24. 6/3/24 Docket update: ]598] Unopposed Motion for Leave to Participate in Oral Argument as Amici Curiae in Support of Trump's Motion to Dismiss [ECF No. 326] by Former Attorney General Michael B. Mukasey & by Citizens United Foundation, Citizens United, Gary Lawson, Steven Calabresi, Edwin Meese, III as to Trump, Nauta & De Oliveira. Responses due by 6/17/24. Text of Proposed Order. 6/3/24 Docket update: Set/Reset Deadlines/Hearings in case as to Trump, Nauta & De Oliveira 592 Motion to Modify Conditions of Release. (per Order DE 594) Responses due by 6/14/24. Replies due by 6/21/24. 6/3/24 Docket Update: [599] Paperless Order: The Court is in receipt of Defendant Nauta's Notice of Filing [595], which attaches the overdue redacted filing [138] but fails to fully comply with the Court's Order to Show Cause [589]. Defendant Nauta is reminded that, on or before 6/3/24, he must "show cause, in writing, why he failed to comply with the Court's instructions by the original deadline of 5/28/24." Signed by Judge Aileen M. Cannon on 6/3/24. 6/3/24 Docket update: [600] Supplemental response to Standing Discovery Order by USA as to Trump, Nauta & De Oliveira. [601] Motion for Leave to Participate in Oral Argument as Amici Curiae in Opposition to Defendant Trump's Motion to Dismiss The Indictment by Constitutional Lawyers, Former Government Officials & State Democracy Defenders Action as to Trump. Responses due by 6/17/24. Exhibit List of Amici Curiae & text of Proposed Order Proposed Order. 6/3/24 Docket: [602] Notice of Compliance by Nauta re [599] Order, [558] Order, [589] Order.
6/4/24 Docket: [603] Paperless Order: In light of Defendant Nauta's Response to the Court's Order to Show Cause [602] & his earlier Notice of Compliance [595], the Court's Order to Show Cause [589] is DISCHARGED. Defendant Nauta is reminded to comply with all Court directives & deadlines. Signed by Judge Aileen M. Cannon on 6/4/24. 6/4/24 Docket update: [604] Paper Order granting Motions for Leave to Participate in Oral Argument as Amici Curiae [590] [598] [601]. The representatives designated in the respective filings (Josh Blackman, Gene C. Schaerr & Matthew Seligman) will be permitted to appear on behalf of amici curiae & present oral argument at the 6/21/24 hearing on Defendant Trump's Motion to Dismiss the Indictment based on the Unlawful Appointment of Special Counsel Jack Smith [326]. Approximately 30 minutes reserved for each. Seating to be reserved for representatives presenting argument. Signed by Judge Aileen M. Cannon on 6/4/24.
6/5/24 Docket Update: [605] Order in anticipation of June 2024 hearings. Signed by Judge Aileen M. Cannon on 6/5/24. See attached document for full details.
6/5/24 Update: For the hearing on 6/21/24 - Cannon has been convinced by three separate groups of lawyers that they should be able to argue before her. Two of those groups support Trump’s position to dismiss the case against him & say the special counsel, for various constitutional reasons, doesn’t have authority to prosecute. A third group says the Department of Justice’s use of a special counsel should be upheld. Two former Republican-appointed US attorneys general, Edwin Meese & Michael Mukasey, are part of the groups of so-called “friends of the court” that side with Trump & whom Cannon will hear from. The three groups will be allowed to argue, in addition to Justice Department & defendants’ lawyers, for 30 minutes each, according to the court record.
Schedule:
6/21/24 @ 9:30am will hear argument on the Appointments Clause challenge [388] for the duration of the day.
6/24/24 @ 10am - Appropriation Clause challenge as raised in Defendant Trump's Motion to Dismiss the indictment based on the unlawful appointment & funding of Special Counsel Jack Smith [326].
6/24/24 @ 3pm - Special Counsel's Motion for Modifications of Conditions of Release [592].
6/25/24 no time given - Hear arguments on Defendant Trump's Motion for Relief Related to Mar-A-Lago Raid & Unlawful Piercing of Attorney-Client Privilege [566].
The Court hereby cancels the partial evidentiary, multi-day hearing on Defendants' Motions to Compel [469] previously scheduled for 6/24-26/24, to be reset by subsequent Order. Defendants are ot required to appear at the June 2024 hearings.

6/6/24 Docket update: [606] Motion for Leave to Present Oral Arguments by Jessica Nan Berk & Hilda Tobias Kennedy as Amici in Support of Defendant Trump's Motion to Dismiss (ECF 326) Pursuant to the Court Order. Responses due by 6/20/24. Exhibits & Proposed Order.
6/7/24 Docket update: [607] Paperless Order denying [606] Motion for Leave to Present Oral Arguments. Signed by Judge Aileen M. Cannon on 6/7/24.
6/10/24 Docket update: [608] ORDER denying Defendants' Motion to Dismiss Indictment for Pleading Deficiencies & Granting in Part Motion to Strike [352]. Signed by Judge Aileen M. Cannon on 6/10/24. Federal Judge Aileen Cannon struck a paragraph from the indictment on Monday but denied a defense request to dismiss some of the charges. The paragraph concerns allegations that Trump, in 2021 & while no longer president, showed a classified map of a foreign country to a representative of his political action committee while discussing a military operation that he said was not going well. Defense lawyers said the paragraph was prejudicial because it was not connected to any crime charged in the indictment, which accuses Trump of illegally retaining classified documents at his Mar-a-Lago estate. U.S. District Judge Cannon agreed that the inclusion of the language in the indictment was “not appropriate.” The ruling has minimal practical effect on the case since Cannon left the rest of the indictment intact, denying in her 14-page order a request to dismiss any of the actual charges. Yet even as she rejected the defense bid to toss multiple counts, she chided special counsel Jack Smith’s team for having included in the indictment language that she said was “legally unnecessary to serve the function of an indictment” & for creating “arguable confusion” in some of the wording. [609] Status Report by Trump. [610] Motion for Extension of Time of the Deadline for Rule 16 Expert Disclosures by Trump as to Trump, Nauta & De Oliveira. Responses due by 6/24/24. [612] Motion to Dismiss [85] Indictment, based on Spoliation of Evidence in Violation of Due Process by Trump. Responses due by 6/24/24. Exhibits 1-16.
6/11/24 Docket update: [613] Paperless ORDER: In light of the parties' in camera representation to the Court, the Clerk is directed to UNSEAL Sealed Notice of Activity in the Disclosure & Transfer Proceeding [546]. Signed by Judge Aileen M. Cannon on 6/11/24. [614] Paperless ORDER granting Defendants' Opposed Motion for Extension of the Deadline for Rule 16 Expert Disclosures [610]. For the reasons stated in the Motion, the Court finds that good cause exists for the extension request 8 that no prejudice to the Special Counsel or to the proceeding will result from granting the relief sought in the Motion. On or before 7/8/24, Defendants shall file their Rule 16 expert disclosures. Moving forward, any requests for extension or enlargement must be filed sufficiently in advance of the deadline at issue. Signed by Judge Aileen M. Cannon on 6/11/24. [615] Paperless ORDER granting Motion/Notice to Join & Adopt as to Defendant Nauta [611]. Nothing in this Order shall be construed as a comment on the merits of the applicable Motion [326] or its associated filings. Signed by Judge Aileen M. Cannon on 6/11/24.
6/11/24 Docket update: [616] Speedy Trial Report. Seventeenth Speedy Trial Report by USA as to Trump, Nauta & De Oliveira filed. [617] Motion Supplemental Brief in Opposition to Defendant Trump's Motion to Dismiss the Indictment based on the Unlawful Appointment & Funding of Special Counsel Jack Smith re [326] Motion to Dismiss [85] Indictment, Based on the Unlawful Appointment & Funding of Special Counsel Jack Smith by Constitutional Lawyers, Former Government Officials & State Democracy Defenders Action as to Trump, Nauta & De Oliveira. Responses due by 6/25/24. Exhibit List of Amici Curiae. [618] Motion Supplement Brief of Amici Curiae in Support of Defendant Trump's Motion to Dismiss re [326] Motion to Dismiss [85] Indictment. Based on the Unlawful Appointment & Funding of Special Counsel Jack Smith, [588] Order, by Michael B Mukasey, Citizens United Foundation, Citizens United, Gary Lawson, Steven Calabresi, Edwin Meese, III as to Trump, Nauta & De Oliveira Attorney Edward H. Trent added to party Michael B. Mukasey (pty:ip). Response due by 6/25/24. [619] Response providing Supplemental Submission in Further Support of Motion to Dismiss under the Appropriations Clause by Trump to [588] Order. [620] Government's Supplemental Brief Addressing the Supreme Court's Decision in Consumer Financial Protection Bureau v. Community Financial Services of America, Ltd. by USA as to Trump, Nauta & De Oliveira.
6/13/24 Docket Update: [621] Notice of Filing by USA as to Trump, Nauta & De Oliveira. Exhibit Stamped Half Sheet. 6/14/24 Docket update: [622] Memorandum in Opposition by Trump re [592] Motion to Modify Conditions of Release Replies due by 6/21/24.
6/16/24 Docket update: [623] Motion to file Amicus Brief by Henry Whitaker. by Trump as to Trump, Nauta & De Oliveira. Responses due by 7/1/24. 1. Amicus brief; 2. Proposed order to permit filing of amicus brief.
6/17/24 Docket update: [624] Paperless Order denying [623] Motion for Leave to File Brief as Amicus Curiae in Opposition to Special Counsel's Motion to Modify Conditions of Release [592]. Signed by Judge Aileen M. Cannon on 6/17/24. [625] Notice of Filing by Trump re [530] Order, Set hearings, Set/Reset Motion/R&R Deadlines & Hearings, Set Deadlines. [626] Motion for Leave to Submit Filings via ECF Portal on behalf of Amici Curiae Professor Seth Barrett Tillman & Landmark Legal Foundation as to Trump, Nauta & De Oliveira. Responses due by 7/1/24.
6/19/24 Docket update: [627] Consent Motion for Leave to File Excess Pages by USA as to Trump. Responses due by 7/3/24.
6/20/24 Docket update: [628] Paperless Order granting Special Counsel's Unopposed Motion for Additional Pages [627]. Signed by Judge Aileen M. Cannon on 6/20/24. [629] Paperless Order denying [626] Motion for Leave to Submit Electronic Filings, filed on behalf of Amici Curiae Professor Seth Barrett Tillman & Landmark Legal Foundation. Signed by Judge Aileen M. Cannon on 6/20/24. 6/20/24 Docket updates: [630] Motion for Leave to File Notice of Supplemental Authority in Support of Defendant Trump's Motion to Dismiss the Indictment DE [326] by Landmark Legal Foundation as to Trump, Nauta & De Oliveira. Responses due by 7/8/24. [631] Notice of Compliance of Filing of CIPA Section 5(a) Notice by Nauta as to Nauta & De Oliveira re 530 Order, Set Hearings, Set/reset Motion/R&R Deadlines and Hearings, Set Deadlines. [632] Notice of filing sealed ex parte Order Granting Relief Sought in Special Counsel's Fourth Classified Supplement to CIPA S4 Motions. Signed by Judge Aileen M. Cannon on 6/20/24. See attached document for full details. [633] Unopposed Motion to File Amicus Brief & Incorporated Memorandum of Law by Samuel J. Salario, Jr. by America First Legal Foundation as to Trump, Nauta & De Oliveira. Responses due by 7/8/24. Exhibit A - Amicus Curiae America First Legal's Brief in Support of Defendant.
 
The hearing is underway, to decide if Jack Smith was "lawfully appointed".


During parts of the hearing, Cannon seemed to be skeptical of Trump’s argument that Smith was appointed illegally. But she also seemed not to be in agreement with the prosecution. She said that their statutory analysis appeared to be an excessively “malleable” reading of the Constitution .....

During the afternoon session, non-parties will make their arguments.

 
Document Updates:
# Date Description
634 -6/21/2024 Supplemental RESPONSE to Standing Discovery Order by USA as to Donald J. Trump, Waltine Nauta, Carlos De Oliveira (filed: 06/21/2024)

635 06/21/2024 Paperless Minute entry for hearing held before Judge Aileen M. Cannon on 6/1/24. The Court heard argument from the parties on Defendant Trump's Motion to Dismiss the Indictment based on the Unlawful Appointment of Special Counsel Jack Smith [326]. The Court also heard argument from three groups of non-party amici curiae authorized to appear via prior order 604. On or before 6/24/24, Defendant Trump & the Special Counsel each may file a separate notice of supplemental authority, not to exceed five double-spaced pages, with any discrete citations to statutory or decisional authority. The notice(s) shall be prepared in list/bullet form with citations only, and without advocacy, although appropriate headings are permitted for organizational purposes. No further filings from amici will be accepted. Total time in court: 4 hours. Attorney appearance: James Pearce, Jay I. Bratt, David Harbach, Todd Blanche, Emil Bove, Christopher Kise, Stanley Woodward, Sasha Dadan, Larry Donald Murrell, Jr., John S. Irving. Other appearances: Matthew Seligman, Josh Blackman, Gene C. Schaerr (counsel for amici). Court Report: Laura Mellon.

636 06/21/2024 NOTICE OF ATTORNEY APPEARANCE: Kendra Leigh Wharton appearing for Donald J. Trump. Attorney Kendra Leigh Wharton added to party Donald J. Trump(pty:dft). (filed: 06/21/2024)

637 06/21/2024 PAPERLESS ORDER denying Motion for Leave to File Notice of Supplemental Authority in Support of Defendant Trump's Motion to Dismiss the Indictment [630], filed on behalf of Amici Curiae Professor Seth Barrett Tillman and Landmark Legal Foundation. Signed by Judge Aileen M. Cannon on 6/21/2024. (jf01) (filed: 06/21/2024)

638 06/21/2024 REPLY TO RESPONSE to Motion by USA as to Donald J. Trump re [592] MOTION to Modify Conditions of Release (filed: 06/21/2024)
1. Exhibit Exhibit 1
2. Exhibit Exhibit 2
3. Exhibit Exhibit 3
4. Exhibit Exhibit 4
5. Exhibit Exhibit 5

link: https://www.docketbird.com/court-cases/USA-v-Sealed/flsd-9:2023-cr-80101-648652re
 

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