New classified documents indictment poses fresh timing test for Cannon

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The superseding indictment against Donald Trump, Walt Nauta and new defendant Carlos De Oliveira paints an even more damning picture of Trump's alleged unlawful retention of classified documents and scheme to cover it up. But as ever, the question remains one of timing: Will these new charges push back the recently set May 2024 trial date? Special counsel Jack Smith’s team anticipated the issue in a separate filing Thursday, titled "Notice Regarding Superseding Indictment." In it, prosecutors wrote that the new indictment “should not disturb” Judge Aileen Cannon’s scheduling order or the May 20, 2024, trial date, and "the Special Counsel's Office is taking steps related to discovery and security clearances to ensure that it does not do so." No doubt, Smith’s team will do what it can to put itself in the strongest position. But as the setting of that May trial date reminds us, there’s only so much prosecutors can do. Recall, they requested a December start date for the trial, which Cannon found too aggressive. To be sure, she didn’t embrace the Trump camp’s move for indefinite delay through the 2024 election as he runs for office again. But her choosing the May middle ground showed she isn’t automatically hewing to Smith’s (or Trump's) proposed timeline. So a new test to look out for now is how Cannon factors in the latest charges in the litigation schedule and trial date she just set. And even before De Oliveira appears in front of Cannon, we may soon get a clue into how he intends to play the timing game. He’s set for his initial appearance and arraignment Monday before a magistrate judge. As I noted Thursday when we got the superseding indictment, it’s not unusual for prosecutors to add new charges/and or defendants to existing cases. Judges are used to dealing with these situations, and they don’t need to blow up the schedule. But in addition to painting that even more damning picture of Trump’s alleged criminality, the superseding indictment could give the defense another shot at further delay.