Legal Twist in Trump's Indictment: Former President's Team Denied Consolidated Brief by Federal Judge

  • by:
  • Source: Wayne Dupree
  • 02/21/2024
In an attempt to save time, the former president's attorneys filed a consolidated brief outlining all of their pretrial motions in one go. However, the federal judge supervising Trump's indictment for allegedly unlawfully retaining classified documents at his Mar-a-Lago estate in Florida denied their request, ordering him to file each motion individually with page limits.

The former president wants to file "at least 10 pretrial motions," not to exceed 200 pages, on a range of issues, including the appointment of special counsel Jack Smith, presidential immunity (which he has battled in every court so far), accusations of "selective" and "vindictive prosecution," his complaints about the "vagueness" of the statutes under which he has been charged, and what Blanche called "an illegal raid at Mar-a-Lago, and improper violations of President Trump's attorney-client privilege."

Waltine Nauta and Carlos De Oliveira, his co-defendants in the Florida case, also joined forces to reply to special prosecutor Jack Smith's motion from February 12. In it, the special prosecutor claimed Trump was trying to illegally smuggle "misleading" and irrelevant defense theories in at the last minute in order to delay. Smith's "misrepresentations," according to Trump's legal team, were the reason for the delays.

Blanche inquired about the possibility of filing the joint brief electronically by February 22nd, entering a redacted version on the public docket by that evening, and filing a physical copy under seal in court the next day with U.S. District Judge Aileen Cannon, the judge Trump selected.

But on Tuesday, Cannon rejected the motion and gave other directions in a paperless order on the court docket.

According to the directive, pretrial motions have to be submitted on a "individual basis" in order for their decision to be made clearly. Every pretrial motion must express the filer's position "with particularity," including whether or not a hearing is required and, if so, what the hearing's parameters, structure, and order will be. This advice might result in at least ten additional hearings if Trump desired a hearing on each of his pretrial motions.

Moreover, Cannon increased the allotted space for each pretrial motions and answers to twenty-five double-spaced pages, without including attachments.

"Without prejudice, the Court dismisses Defendant Trump's request to temporarily file redacted copies of several pre-trial papers in public and issues the following instructions. Defendant Trump must provide the Special Counsel and the Court with final, unedited copies of all pre-trial motions, including with any attachments, by email by February 22, 2024, at the latest.

Following that, the parties will quickly discuss any sealing or redaction-related concerns raised in the motions. After such conferral, on or before February 27, 2024, any party desiring to redact or seal any of the pre-trial motions must make a combined application for leave outlining the specific legal and factual justifications for concealing pre-trial files, the written statement said.

After such conferral, on or before February 27, 2024, any party desiring to redact or seal any of the pre-trial motions must make a combined application for leave outlining the specific legal and factual justifications for concealing pre-trial files, the written statement said. The deadline for any "consolidated oppositions" is February 29.

Cannon extended the deadline for pretrial motions that would attach or even mention discovery documents to Friday, February 22. This is to give the parties more time to settle their continuing disagreements about the redactions and seals made throughout the case.

"February 22, 2024 is the day for publicly submitted pre-trial motions that do not raise possible redaction or sealing issues. "The processes outlined in this Order shall apply to the extent that Defendants Nauta and De Oliveira anticipate addressing or attaching discovery items in further pretrial motions," Cannon wrote.







 

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