Judge sets Trump classified documents trial for May 2024, months before election

[onenote]

125. Of course it is about the documents.

If it wasn't about the documents, why did Smith file a 19 page discussion of CIPA and how it relates to this case. Among other things, it acknowledges that the burden is on the government must prove as an element of the crime charged that certain material relates to the national defense or constitutes classified information and that CIPA requires the government to inform the defendant of which portions of the material it reasonably expects to rely upon to prove the national defense or classified information element of the crime.

Put another way, the "delay" issue isn't about the jury's access to the substance of the documents -- although that can be an issue in the trial. It is about the disclosure of confidential information to the defense, who can be expected to argue with respect to each document cited in the indictment, that such document does not meet the standard set forth therein-- i.e., whether the document is one "relating to the national defense, or information relating to the national defense which information the possessor has reason to believe could be used to the injury of the United States or to the advantage of any foreign nation."

In order to be in a position to challenge the indictment on that element, they have to have access to the document or a summary of it. That triggers CIPA and the delays inherent in CIPA.


In short, it is not a question of whether I'm smarter than you -- it's simply that I take Smith at his word when he discusses, at length, the myriad rights and obligations of the prosecution and defense in a case brought under 18 USC 793 (e ). In that regard, I'd be interested in the context in which Mintz made the statement cited in your post.

https://s3.documentcloud.org/documents/23861393/govuscourtsflsd648653320.pdf