JUST IN: Trump-Appointed Judge Sets Trial For August — Orders Parties To Submit Verdict Form

Things just got real, as Judge Aileen Cannon has set a date for ex-President Donald Trump’s trial to begin and ordered both parties to submit things like a verdict form and proposed jury instructions.

Cannon — a Trump appointee — was selected at random to preside over the trial on 37 counts against ex-President Donald Trump related to Espionage Act violations and was also behind a controversial ruling that was overturned by an appeals court in a blistering decision by a panel that included two other Trump-appointed judges.

This has led to criticism by some, while other legal experts like Mediaite founder Dan Abrams have said Cannon should not step down.

But so far, Cannon has earned praise for her brisk pace in the matter, and on Tuesday morning, the judge issued a six-page order outlining a trial schedule that commences in August:

This case is hereby set for a Criminal Jury Trial during the two-week period commencing August 14, 2023, or as soon thereafter as the case may be called. A Calendar Call will be held at 1:45 p.m. on August 8, 2023. All hearings will be held at Alto Lee Adams, Sr. United States Courthouse, 101 South U.S. Highway 1, Courtroom 4008, Fort Pierce, Florida 34950, with modifications to be made as necessary as this matter proceeds. Any testing of electronic equipment to be used at trial must take place at the Calendar Call. To that end, the parties are directed to bring to the Calendar Call any equipment intended for use at trial. All pre-trial motions and motions in limine must be filed by July 24, 2023.

The order goes on to list areas of dispute that could result in delays, but the fact that the starting gun is being fired in a matter of six weeks is significant, and Cannon’s order contains details that bring the trial to vivid life — including references to a verdict form and even sentencing:

Prior to calendar call, the parties shall submit, in Word format, via e-mail to cannon@flsd.uscourts.gov, proposed jury instructions, including substantive charges and defenses, and a proposed verdict form. For instructions on filing proposed documents, please see http://www.flsd.uscourts.gov. Although the parties need not agree on each proposed instruction, the parties shall submit their proposed jury instructions and verdict form jointly, and every instruction must be supported by citation to authority. Where the parties do not agree on a proposed instruction, the instruction shall be set forth in bold type. Instructions proposed only by the Government shall be underlined. Instructions proposed solely by the defense shall be italicized.

…

Should this matter proceed to sentencing, the parties are advised to adhere to the following procedures:

a. If more than thirty (30) minutes is needed for the hearing, counsel shall file a notice estimating the amount of time needed for their presentation and the number of witnesses to be called no later than seven (7) calendar days prior to the sentencing hearing.

b. The Court further orders, consistent with Rule 32 of the Federal Rules of Criminal Procedure, that counsel shall file their Objections, if any, to the DRAFT PSR within fourteen (14) days after disclosure of the DRAFT PSR. Responses shall be filed seven (7) days thereafter.

c. The Court has discretion not to consider the merits of untimely objections. See, e.g., United States v. Edouard, 485 F.3d 1324, 1351 (11th Cir. 2007); Fed. R. Crim. P. 32(b)(2) and (i)(1)(D); United States v. Smith, 522 F. App’x 564, 565 (11th Cir. 2013); United States v. Remaley, 646 F. App’x 719, 721 (11th Cir. 2016); United States v. Dossou, 569 F. App’x 902, 905 (11th Cir. 2014).

d. The Court further orders that all motions for upward or downward departure and/or variance shall be in writing and filed at least ten (10) calendar days before the sentencing hearing. Responses shall be filed three (3) before the sentencing hearing.

Read the full order here.