Judge Pauses Deadlines in Trump Classified Documents Case to Consider Immunity Arguments

Former President and Republican presidential candidate Donald Trump speaks during a press conference at Trump Tower in New York City on May 31, 2024. (Angela Weiss/AFP via Getty Images)

Judge Aileen Cannon agreed on July 6 to grant a partial pause in former President Donald Trump’s classified documents trial after his legal team made the request on grounds that they should be allowed to argue the merits of the U.S. Supreme Court’s immunity decision before the trial moves forward.

In a July 6 paperless order, Judge Cannon granted a temporary stay of three pending deadlines in the case, giving Trump attorneys and special counsel Jack Smith’s team more time to file additional briefs on how the Supreme Court ruling on presidential immunity should factor into the case.

The paused deadlines are expert disclosures that were to be provided by Trump attorneys on July 8, reciprocal discovery due from Trump counsel on July 10, and the special counsel’s CIPA submission that was due on July 10.

Following Judge Cannon’s order, the special counsel must respond to former President Trump’s motion by July 18, and any reply is due by July 21, with the court to decide on the additional briefing request after receiving these responses.

All other deadlines remain unchanged.

Judge Cannon’s order comes after the Supreme Court’s 6–3 ruling on former President Trump’s immunity claim. The high court ruled that former President Trump, like all presidents, have “absolute immunity” from charges related to official acts that fall under their “core constitutional powers,” and that he enjoys “presumptive immunity” from other actions taken while in office.

Citing that ruling, former President Trump’s attorneys on Friday filed a request to Judge Cannon to halt most of the proceedings in the case until she can resolve his immunity defense.

“Resolution of these threshold questions is necessary to minimize the adverse consequences to the institution of the Presidency arising from this unconstitutional investigation and prosecution,” the Trump team wrote in the filing.

Previously, Mr. Smith’s team argued that the special counsel’s office had not charged former President Trump for any official acts in the classified records case, and the initial indictment accuses him of retaining sensitive materials after he left the White House in early 2021 and for allegedly obstructing federal officials’ efforts to obtain them.

“Even though Trump lost the authority to possess documents containing national defense information after his term as President ended, he nonetheless willfully retained such documents,” prosecutors wrote in March, arguing that his claims about immunity should be rendered moot.

Former President Trump has pleaded not guilty in the case.

In their Friday brief requesting a stay of the deadlines, Trump attorneys argued that a partial stay of the deadlines would prevent what they characterized as further misuse of judicial resources in the case. They also claimed that the recent Supreme Court decision undermines the special counsel’s argument challenging former President Trump’s immunity in the case.

The Epoch Times reached out to the special counsel’s office for comment on the July 6 order but did not hear back before publication.

Jack Phillips contributed to this report.