FL - Former President Donald Trump indicted, 40 counts, classified documents and obstruction of justice, June 2023, Trial May 2024 #2

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Docket Update:
# Date Description
306 02/12/2024 PAPERLESS ORDER clarifying CIPA � 4 hearing for February 13, 2024. Starting at 10:30 A.M., the Court will conduct a sealed hearing with the Special Counsel and cleared counsel for Defendants Nauta and De Oliveira. Cleared counsel shall be prepared to discuss the classified information produced in classified discovery in the context of the "relevant and helpful" standard and the mens rea applicable to Counts 33-37 and 39-42 of the Superseding Indictment [85]; to present argument on the Special Counsel's request to withhold all of that information from Defendants Nauta and De Oliveira pursuant to CIPA � 4; and to discuss specifics with respect to the current figures of materials produced in classified discovery, including whether any of that information overlaps with unclassified discovery and/or merits clarification. This hearing will be held in a facility suitable for the discussion of classified information. Defendants Nauta and De Oliveira may not be present. Defendant Trump is not required to appear. Counsel for Defendant Trump may attend. Final CIPA � 4 ex parte session with the Special Counsel to follow the 10:30 A.M. session. Nothing in this Order should be construed as altering the current ex parte nature of the Special Counsel's CIPA � 4 filings. Signed by Judge Aileen M. Cannon on 2/12/2024. (jf01)

305 02/12/2024 MOTION for Leave to File Surreply by USA as to Donald J. Trump, Waltine Nauta, Carlos De Oliveira. Responses due by 2/26/2024.

304 02/12/2024 NOTICE of Striking 302 MOTION for Leave to File Surreply by USA as to Donald J. Trump, Waltine Nauta, Carlos De Oliveira

303 02/12/2024 Clerk's Notice to Filer re 302 MOTION for Leave to File Surreply. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and L R 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules.

302 02/11/2024 MOTION for Leave to File Surreply by USA as to Donald J. Trump, Waltine Nauta, Carlos De Oliveira. Responses due by 2/26/2024.

301 02/10/2024 NOTICE re Classified Reply Supplement by Waltine Nauta as to Donald J. Trump, Waltine Nauta, Carlos De Oliveira re 263 Notice (Other), 300 Reply to Response, 262 MOTION to Compel Discovery
1 Attachment ▼

300 02/09/2024 REPLY TO RESPONSE to Motion by Waltine Nauta as to Donald J. Trump, Waltine Nauta, Carlos De Oliveira re [262] MOTION to Compel Discovery

299 02/09/2024 PAPERLESS ORDER redesignating ex parte sealed filing [296] as sealed filing only. Upon in camera review of the subject attachment, and mindful of the disfavored nature of ex parte proceedings, the Court reaffirms the Special Counsel's request to seal the attachment referenced in the Special Counsel's Motion for Leave [289] but finds an insufficient basis provided to deviate from the adversarial process in this instance. The Special Counsel is directed to transmit the exhibit to Defendants on or before February 10, 2024. The exhibit shall remain sealed pending further Court order. Signed by Judge Aileen M. Cannon on 2/9/2024. (jf01)

298 02/09/2024 PAPERLESS ORDER approving Defendants' Reply proposal as stated in Notice 297. Signed by Judge Aileen M. Cannon on 2/9/2024. (jf01)

297 02/09/2024 NOTICE re Sealing of Reply ISO 262 Mot. to Compel by Waltine Nauta as to Donald J. Trump, Waltine Nauta, Carlos De Oliveira re 295 Order

02/09/2024 Reset Deadlines in case as to Donald J. Trump, Waltine Nauta, Carlos De Oliveira [294] MOTION for Reconsideration re [286] Order on Sealed Motion, [283] Order on Motion for Miscellaneous Relief. Responses due by 2/23/2024. (ls)(per DE #295) (Text entry; no document attached.)

02/09/2024 SYSTEM ENTRY - Docket Entry 296 restricted/sealed until further notice. (Text entry; no document attached.)

02/09/2024 Reset Deadlines in case as to Donald J. Trump, Waltine Nauta, Carlos De Oliveira 294 MOTION for Reconsideration re 286 Order on Sealed Motion, 283 Order on Motion for Miscellaneous Relief. Responses due by 2/23/2024. (ls)(per DE #295) (Text entry; no document attached.)

295 02/09/2024 PAPERLESS ORDER: On or before February 23, 2024, Defendants shall file a response to the Special Counsel's Motion for Reconsideration 294. S.D. Fla. L.R. 7.1(c)(1). The deadlines established in the Court's prior Orders 283 286 are temporarily stayed pending resolution of the Special Counsel's Motion. To the extent this Order impacts Defendants' forthcoming Reply in Support of Motions to Compel 262, Defendants shall advise the Court by filing a Notice no later than 3:00 p.m. on February 9, 2024. The parties are advised to adhere to the instructions in paragraph 4 of the Court's Order [283 p. 9-10]. Signed by Judge Aileen M. Cannon on 2/9/2024. (jf01)


link: https://www.docketbird.com/court-cases/USA-v-Sealed/flsd-9:2023-cr-80101-648652
 
Jack Smith’s team have called out the Trump side in a new filing in which they accuse the defendant’s lawyers of trying to “smuggle” an entirely new defence theory into the Mar-a-Lago case claiming that he’s a victim of vindictive prosecution.

Last week, Trump and his co-defendants claimed that the Justice Department’s rejection of criminal charges against Joe Biden were proof that Trump is being targeted.

“The defendants are, of course, entitled to attempt to satisfy the relevant standards,” Smith’s team wrote.

“But they must do so in a procedurally appropriate manner – by raising their arguments and evidence in a motion to which the government is entitled to respond, and where the defendants have a right of reply.

“They may not do so by smuggling this issue into a reply brief.”

www.aol.com

Trump lashes out at defeated New York GOP candidate as Biden brands Nato remarks ‘unAmerican’: Live

Former president hits out at Republican Mazi Pilip after she loses race for George Santos’s old seat to Democrat Tom Suozzi as his successor takes him to task over military alliance
www.aol.com www.aol.com
 
Docket Update:
# Date Description
310 02/13/2024 PAPERLESS Minute Entry for sealed, ex parte proceeding held before Judge Aileen M. Cannon on February 13, 2024. The Court heard argument from the Special Counsel on its CIPA � 4 Motion as to Defendant Trump [236] and Supplement [290]. Classified information discussed. Total time in court: 55 minutes. Attorney Appearances: Jay I. Bratt, David Harbach, Julie A. Edelstein, J.P. Cooney. Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov. (jf01)

309 02/13/2024 PAPERLESS Minute Entry for non-ex parte, sealed proceeding held before Judge Aileen M. Cannon on February 13, 2024. The Court heard argument from the Special Counsel and cleared counsel for Defendants Nauta and De Oliveira concerning those Defendants' access to classified materials under the "relevant and helpful" standard. Classified information discussed. Total time in court: 2 hours 15 minutes. Attorney Appearances: Jay I. Bratt, David Harbach, Julie A. Edelstein, J.P. Cooney, Emil Bove, Todd Blanche, Sasha Dadan, Stanley E. Woodward, Larry Donald Murrell, Jr., John S. Irving. Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov (jf01)

308 02/13/2024 PAPERLESS Minute Entry for sealed, ex parte proceeding held before Judge Aileen M. Cannon on February 12, 2024. The Court heard argument from the Special Counsel on its CIPA § 4 Motions 236 and Supplement 290. Classified information discussed. Total time in court: 2 hours. Attorney Appearances: Jay I. Bratt, David Harbach, Julie A. Edelstein, J.P. Cooney. Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov.

307 02/13/2024 PAPERLESS Minute Entry for sealed, ex parte proceeding held before Judge Aileen M. Cannon on February 12, 2024. The Court heard argument from Defendants on their CIPA § 4 Challenges 264 272 288 and Motions for Access to CIPA § 4 Filings 237 238. Classified information discussed. Total time in court: 3 hours 25 minutes. Attorney Appearances: Emil Bove, Todd Blanche, Christopher Kise, Stephen H. Weiss, Sasha Dadan, Stanley E. Woodward, Larry Donald Murrell, Jr., John S. Irving. Other Appearance: Former President Donald J. Trump. Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov.

link: https://www.docketbird.com/court-cases/USA-v-Sealed/flsd-9:2023-cr-80101-648652


In my notes I have next a pretrial motions hearing on 2/26/24.
 
Smelly Squirrel said:
Where's the eyeroll button when you need one?
Click to expand...

Rolling The Eyes Smiley


Okay - am i wrong or what? Did not the Supreme Court rule he is was NOT immune to prosecution? Or was that JUST on the DC case - and they are filing another one in this Florida case....

TIA if anyone can answer! :)
 
Okay - since I just came back from vacation - totally forgot to look at the docket for this case - so here are some updates.

Docket:

# Date Description
328 02/22/2024 NOTICE of Pretrial Motions and Hearing Requests by Donald J. Trump re [320] Order on Motion for Leave to File

327 02/22/2024 MOTION to Dismiss [85] Indictment, Based on the Presidential Records Act by Donald J. Trump. Responses due by 3/7/2024. 1 Attachment ▼

326 02/22/2024 MOTION to Dismiss [85] Indictment, Based on the Unlawful Appointment and Funding of Special Counsel Jack Smith by Donald J. Trump. Responses due by 3/7/2024.

325 02/22/2024 MOTION to Dismiss [85] Indictment, Based on Unconstitutional Vagueness by Donald J. Trump. Responses due by 3/7/2024.

324 02/22/2024 MOTION to Dismiss [85] Indictment, Based On Presidential Immunity by Donald J. Trump. Responses due by 3/7/2024.

323 02/22/2024 Defendant's MOTION to Dismiss [85] Indictment, or in the Alternative for a Bill of Particulars by Carlos De Oliveira. Responses due by 3/7/2024.

02/22/2024 SYSTEM ENTRY - Docket Entry 322 restricted/sealed until further notice. (Text entry; no document attached.)

321 02/21/2024 PAPERLESS ORDER scheduling sealed, ex parte follow-up telephonic hearing with counsel for Defendant Trump on February 23, 2024, at 3:30 PM. Defense theories to be discussed in conjunction with the Special Counsel's CIPA § 4 Motions 236 and Defendant Trump's CIPA § 4 Challenge 264. 30 minutes reserved. No classified information to be referenced. Call-in information to be provided to all defense counsel. Defendants' attendance is not required. Signed by Judge Aileen M. Cannon on 2/21/2024. (jf01)

320 02/20/2024 PAPERLESS ORDER denying in part, with instructions, Defendant Trump's Motion for Leave to File Consolidated Brief in Support of Pretrial Motions 318. All pre-trial motions shall be filed on an individual basis to permit clear adjudication of the legal/factual issues presented and to facilitate record clarity and scheduling. Further, all pre-trial motions shall state with particularity the filing party's position on the need for a hearing on the motion (and if a hearing is requested, providing additional specifics on recommended scope/format/sequencing). The Court hereby enlarges the page limit for individual pre-trial motions and responses to twenty-five double-spaced pages, exclusive of attachments. With respect to Defendant Trump's request to publicly file redacted versions of certain pre-trial motions on a temporary basis, the Court denies that request without prejudice and orders as follows. On or before February 22, 2024, Defendant Trump shall submit via email to the Special Counsel and the Court final, unredacted copies of all pre-trial motions, with attachments. The parties then shall promptly confer on all sealing/redaction issues presented in the motions. Following such conferral, any party wishing to seal/redact anything in the pre-trial motions shall file a consolidated motion for leave on or before February 27, 2024, specifying the particular legal and factual bases for shielding pre-trial filings [See ECF No. 283 para. 4]. Consolidated oppositions to such requests for sealing/redaction are due on or before February 29, 2024. With respect to forthcoming pre-trial motions that reference or attach discovery materials, the public filing deadline of February 22, 2024 (and all associated response/reply deadlines) is hereby stayed pending resolution of the ongoing sealing/redaction disputes generated by the numerous pre-trial filings in this case. Pre-trial motions that do not implicate potential sealing/redaction concerns shall be filed publicly on February 22, 2024. To the extent Defendants Nauta and De Oliveira anticipate discussing or attaching discovery materials in additional pretrial motions, the procedures set forth in this Order shall apply. Signed by Judge Aileen M. Cannon on 2/20/2024. (jf01)

319 02/20/2024 PAPERLESS ORDER granting in part Special Counsel's 305 Conditional Motion for Leave to File Surreply to Defendants' Reply in Support of Motions to Compel. On or before February 26, 2024, the Special Counsel may file a Surreply to Defendants' Reply in Support of Motions to Compel Discovery. Signed by Judge Aileen M. Cannon on 2/20/2024. (jf01)

318 02/20/2024 MOTION for Leave to File Consolidated Brief by Donald J. Trump. Responses due by 3/5/2024.

317 02/20/2024 RESPONSE to Motion by Donald J. Trump as to Donald J. Trump, Waltine Nauta, Carlos De Oliveira re 305 MOTION for Leave to File Surreply Replies due by 2/27/2024.

316 02/16/2024 RESPONSE to Motion by USA as to Donald J. Trump, Waltine Nauta, Carlos De Oliveira re 312 MOTION for Leave to File Discovery Material Replies due by 2/23/2024.

315 02/16/2024 NOTICE of Filing by USA as to Donald J. Trump, Waltine Nauta, Carlos De Oliveira
1 Attachment ▼

314 02/15/2024 PAPERLESS ORDER denying, with clarification, Defendants' Motion to Adjourn Pre-Trial Motions Deadlines 285. The deadline to file pre-trial motions (as distinct from motions in limine seeking the exclusion of specific evidence/arguments from being presented during trial) remains February 22, 2024. However, to the extent the Court's resolution of the pending Motions to Compel Discovery 262 yields a specified need of any party to supplement previously filed pre-trial motions and/or to file evidentiary motions that could not reasonably have been filed by February 22, 2024, the Court will consider such arguments as appropriate, but only upon a particularized and timely showing that events post-dating February 22, 2024, clearly justify additional pre-trial briefing. Signed by Judge Aileen M. Cannon on 2/15/2024. (jf01)

313 02/15/2024 PAPERLESS ORDER: On or before February 20, 2024, Defendants shall respond to the Special Counsel's Motion for Leave to File Sur-Reply 305. Signed by Judge Aileen M. Cannon on 2/15/2024.

312 02/15/2024 MOTION for Leave to File Discovery Material by Waltine Nauta as to Donald J. Trump, Waltine Nauta, Carlos De Oliveira. Responses due by 2/29/2024. 1 Attachment ▼

311 02/14/2024 REPLY TO RESPONSE to Motion by Donald J. Trump re 285 MOTION for Adjournment of Certain Pretrial Motion Deadlines

link: https://www.docketbird.com/court-cases/USA-v-Sealed/flsd-9:2023-cr-80101-648652
 
Friday, February 23rd:
*Pretrial Motions Hearing (via phone) (@ 3:30pm ET) - FL – *Donald John Trump (76/now 77) indicted (6/8/23), charged & arraigned (6/13/23) with 31 counts of willful retention of classified documents, 1 count of conspiracy to obstruct justice, 1 count of withholding a document or record, 1 count of corruptly concealing a document or record, 1 count of concealing a document in a federal investigation, 1 count of scheme to conceal & 2 counts of making false statements & representations. Plead not guilty.
Additional indicted & charged (7/27/23) with 1 count of willful retention of defense information & 2 counts of obstruction. Plead not guilty in filing of waiver of non appearance & released on own recognizance with no monetary bond (Personal Surety Bond) & no travel restrictions (8/4/23).
Count 1-31: Willful retention of National Defense info, Count 32: Conspiracy to obstruct justice, Count 33: Withholding a document or record, Count 34: Corruptly concealing a document or record, Count 35: Concealing a document in a Federal investigation, Count 36: Scheme to conceal & Count 37: False statements & representations.
Co-Conspirator *Waltine Nauta () indicted (6/8/23) & charged (6/13/23) on 6 charges stemming from special counsel Jack Smith’s classified documents probe, including conspiracy to obstruct justice, withholding a document or record, corruptly concealing a document or record, concealing a document in a federal investigation, scheming to conceal & making false statements to federal agents. Plead not guilty.
Additional indicted & charged (7/27/23) with 2 counts of obstruction of justice. No plea entered & released on his own recognizance with no monetary bond (Person Surety Bond).
Count 32: Conspiracy to obstruct justice, Count 33: Withholding a document or record, Count 34: Corruptly concealing a document or record, Count 35: Concealing a document in a Federal investigation, Count 36: Scheme to conceal & Count 38: False statements & representations.
Co-Conspirator *Carlos de Oliveira (56) has also been indicted & charged (7/27/23) with 1 count each of obstruction of justice, concealing records & documents & 1 count of making false statements to FBI. He is alleged to have asked what could be done to delete the footage. Plead not guilty (8/15/23). $100K Surety bond-out on bond. Judge ruled that, in the meantime, De Oliveira must hand in his expired U.S. passport within 48 hours.
Mr. Nauta & Mr. de Oliveira conspired to delete footage from security cameras after the Dept. of Justice issued a subpoena asking for surveillance footage of the basement where it said confidential documents were held. In the court documents, Mr. de Oliveira is claimed to have texted another employee who was the director of information technology that "the boss" wanted the server deleted. The documents allege that Mr. de Oliveira later met with the employee in a small IT room, told him their conversation should remain private, then pressured the man into obliging his request after the employee told Mr. de Oliveira that he did not have the authority.
Indictment: https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.3.0.pdf
U.S. District Judge Aileen Mercedes Cannon. In addition to Cannon, Magistrate Judge Bruce Reinhart's name also appeared on the summons sent to Trump on Thursday, 6/8/23.
Waltine Nauta will be represented by Stanley Woodward. De Oliveira will be represented by Jack Irving. Trump’s lawyers are Todd Blanche & the former Florida solicitor general Chris Kise & maybe Lindsey Halligan.
Trial set to begin on 5/20/24 with Jury Selection. (trial expected to take 2 weeks). U.S. District Judge Aileen Cannon suggested Wednesday, 11/1/23 that she might delay the timeline for court proceedings in Fort Pierce, Fla., noting the upcoming trial in D.C. (on 3/4/24) & requests from Trump’s lawyers to have more time to prepare.
Case & court info from 4/2/23 thru 2/12/24 reference post #359 here:
https://www.websleuths.com/forums/t...ice-june-2023-trial-may-2024-2.686530/page-18
2/12/24 Update: Motions hearing (CIPA § 4 motions) on 2/12/24 @ 10am. This hearing will take place behind closed doors. First, the lawyers only for the defendants (no Gov't present) will argue as to what classified information they believe will be relevant to their defenses. The defendants, themselves, are not present. Motions hearing continues on 2/13/24 @ 10am.
2/12/24 Update: (306) Paperless Order clarifying CIPA § 4 hearing for 2/13/24. Starting at 10:30am, the Court will conduct a sealed hearing with the Special Counsel & cleared counsel for Defendants Nauta & De Oliveira. Cleared counsel shall be prepared to discuss the classified information produced in classified discovery in the context of the "relevant & helpful" standard & the mens rea applicable to Counts 33-37 & 39-42 of the Superseding Indictment [85]; to present argument on the Special Counsel's request to withhold all of that information from Defendants Nauta & De Oliveira pursuant to CIPA § 4; and to discuss specifics with respect to the current figures of materials produced in classified discovery, including whether any of that information overlaps with unclassified discovery and/or merits clarification. This hearing will be held in a facility suitable for the discussion of classified information. Defendants Nauta & De Oliveira may not be present. Defendant Trump is not required to appear. Counsel for Defendant Trump may attend. Final CIPA § 4 ex parte session with the Special Counsel to follow the 10:30am session. Nothing in this Order should be construed as altering the current ex parte nature of the Special Counsel's CIPA § 4 filings. Signed by Judge Aileen M. Cannon on 2/12/24.
2/13/24 Updates: (307) Paperless Minute Entry for sealed, ex parte proceeding held before Judge Aileen M. Cannon on 2/12/24. The Court heard argument from Defendants on their CIPA § 4 Challenges [264 272 288] & Motions for Access to CIPA § 4 Filings [237 238]. Classified information discussed. Total time in court: 3 hours 25 minutes. Attorney Appearances: Emil Bove, Todd Blanche, Christopher Kise, Stephen H. Weiss, Sasha Dadan, Stanley E. Woodward, Larry Donald Murrell, Jr. & John S. Irving. Other Appearance: Trump. (308) Paperless Minute Entry for sealed, ex parte proceeding held before Judge Aileen M. Cannon on 2/12/24. The Court heard argument from the Special Counsel on its CIPA § 4 Motions [236 & Supplement 290]. Classified information discussed. Total time in court: 2 hours. Attorney Appearances: Jay I. Bratt, David Harbach, Julie A. Edelstein & J.P. Cooney. (309) Paperless Minute Entry for non-ex parte, sealed proceeding held before Judge Aileen M. Cannon on 2/13/24. The Court heard argument from the Special Counsel & cleared counsel for Defendants Nauta & De Oliveira concerning those Defendants' access to classified materials under the "relevant & helpful" standard. Classified information discussed. Total time in court: 2 hours 15 minutes. Attorney Appearances: Jay I. Bratt, David Harbach, Julie A. Edelstein, J.P. Cooney, Emil Bove, Todd Blanche, Sasha Dadan, Stanley E. Woodward, Larry Donald Murrell, Jr. & John S. Irving. (310) Paperless Minute Entry for sealed, ex parte proceeding held before Judge Aileen M. Cannon on 2/13/24. The Court heard argument from the Special Counsel on its CIPA § 4 Motion as to Defendant Trump [236] & Supplement [290]. Classified information discussed. Total time in court: 55 minutes. Attorney Appearances: Jay I. Bratt, David Harbach, Julie A. Edelstein & J.P. Cooney. Next pretrial conference hearing on 2/26/24.
2/14/24 Update: (311) Reply to response to Motion by Trump re 285 Motion for adjournment of certain pretrial motion headlines. (312) MOTION for Leave to File Discovery Material by Nauta as to Trump, Nauta & De Oliveira. Responses due by 2/29/24. (313) Paperless Order: On or before 2/20/24, Defendants shall respond to the Special Counsel's Motion for Leave to File Sur-Reply 305. Signed by Judge Aileen M. Cannon on 2/15/24. (314) Paperless Order denying, with clarification, Defendants' Motion to Adjourn PreTrial Motions Deadlines 285. The deadline to file pretrial motions (as distinct from motions in limine seeking the exclusion of specific evidence/arguments from being presented during trial) remains 2/22/24. However, to the extent the Court's resolution of the pending Motions to Compel Discovery 262 yields a specified need of any party to supplement previously filed pretrial motions and/or to file evidentiary motions that could not reasonably have been filed by 2/22/24, the Court will consider such arguments as appropriate, but only upon a particularized & timely showing that events post-dating 2/22/24, clearly justify additional pretrial briefing. Signed by Judge Aileen M. Cannon on 2/15/24.
2/16/24 Update: (315) Notice of filing by USA as to Trump, Nauta & De Oliveira. (316) Response to Motion by USA as to Trump, Nauta & De Oliveria re 312 Motion for Leave to file Discovery material replies due by 2/23/24.
2/20/24 Update: (317) Response to Motion by Trump as to Trump, Nauta & De Oliviera re 305 Motion for Leave to file Surreply replies due by 2/27/24. (318) Motion for Leave to file consolidated brief by Trump. Response due by 3/5/24. (319) Paperless Order granting in part Special Counsel's 305 Conditional Motion for Leave to File Surreply to Defendants' Reply in Support of Motions to Compel. On or before 2/25/24, the Special Counsel may file a Surreply to Defendants' Reply in Support of Motions to Compel Discovery. Signed by Judge Aileen M. Cannon on 2/20/24. (320) Paperless Order denying in part, with instructions, Defendant Trump's Motion for Leave to File Consolidated Brief in Support of Pretrial Motions 318. All pretrial motions shall be filed on an individual basis to permit clear adjudication of the legal/factual issues presented & to facilitate record clarity & scheduling. Further, all pretrial motions shall state with particularity the filing party's position on the need for a hearing on the motion (and if a hearing is requested, providing additional specifics on recommended scope/format/sequencing). The Court hereby enlarges the page limit for individual pretrial motions & responses to twenty-five double-spaced pages, exclusive of attachments. With respect to Defendant Trump's request to publicly file redacted versions of certain pretrial motions on a temporary basis, the Court denies that request without prejudice & orders as follows. On or before 2/22/24, Defendant Trump shall submit via email to the Special Counsel & the Court final, unredacted copies of all pretrial motions, with attachments. The parties then shall promptly confer on all sealing/redaction issues presented in the motions. Following such conferral, any party wishing to seal/redact anything in the pretrial motions shall file a consolidated motion for leave on or before 2/27/24, specifying the particular legal & factual bases for shielding pretrial filings [See ECF No. 283 para. 4]. Consolidated oppositions to such requests for sealing/redaction are due on or before 2/29/24. With respect to forthcoming pretrial motions that reference or attach discovery materials, the public filing deadline of 2/22/24 (and all associated response/reply deadlines) is hereby stayed pending resolution of the ongoing sealing/redaction disputes generated by the numerous pretrial filings in this case. Pretrial motions that do not implicate potential sealing/redaction concerns shall be filed publicly on 2/22/24. To the extent Defendants Nauta & De Oliveira anticipate discussing or attaching discovery materials in additional pretrial motions, the procedures set forth in this Order shall apply. Signed by Judge Aileen M. Cannon on 2/20/24.
2/21/24 Update: (321) Paperless Order scheduling sealed, ex parte follow-up telephonic hearing with counsel for Defendant Trump on 2/23/24 @ 3:30pm. Defense theories to be discussed in conjunction with the Special Counsel's CIPA § 4 Motions 236 & Defendant Trump's CIPA § 4 Challenge 264. 30 minutes reserved. No classified information to be referenced. Call-in information to be provided to all defense counsel. Defendants' attendance is not required. Signed by Judge Aileen M. Cannon on 2/21/24.
2/22/24 Update: (323) Defendant's motion to dismiss (85) Indictment, or in the alternative for a Bill of Particulars by De Oliveria. Responses due by 3/7/24. (324) Motion to dismiss (85) indictment, based on Presidential Immunity by Trump. Responses due by 3/7/24. (325) Motion to dissmiss (85) Indictment, based on unconstitutional vagueness by Trump. Responses due by 3/7/24. (326) Motion to Dismiss (85) Indictment, based on the unlawful appointment & funding of Special Counsel Jack Smith by Trump. Responses due by 3/7/24. (327) Motion to Dismiss (85) Indictment, based on Presidential Records Act by Trump. Responses due by 3/7/24. (328) Notice of pretrial motions & hearing requests by Trump re (320) Order on Motion for leave to file.
2/22/24 Update: U.S. District Court-So. District of Florida-West Palm Beach Division. Trump's Motion to Dismiss Counts 1-32 based on Presidential Immunity [as these charges stem directly from official acts by President Trump while in office. Asking the Court to hold a necessary hearing. Filed by Christopher Kise & Todd Blanche.
 
Updated 2/23/24

FL – Classified Papers Mar-a-Lago. Trump indicted (6/8/23), charged & arraigned (6/13/23) with 41 criminal counts in the classified documents case, including:
• Willful retention of national defense information (31 counts)
• Conspiracy to obstruct justice
• Withholding of a document or record
• Corruptly concealing a document or record
• Concealing a document in a federal investigation
• Scheme to conceal
• False statements and representations (2 counts)
• Willful retention of defense information
• Obstruction of Justice (2 counts) Southern District of Florida (Miami) Federal Court 9:23-cr-80101-AMC
*Waltine Nauta – co-conspirator charged with 6 charges stemming from special counsel Jack Smith’s classified documents probe, including conspiracy to obstruct justice, withholding a document or record, corruptly concealing a document or record, concealing a document in a federal investigation, scheming to conceal & making false statements to federal agents. Additional indicted & charged (7/27/23) with 2 counts of obstruction of justice.
*Carlos de Oliveira – co-conspirator indicted & charged (7/27/23) with 1 count each of obstruction of justice, concealing records & documents & 1 count of making false statements to FBI.
Thursday, 2/22/24: Pretrial motions are due.
Friday, 2/23/24 - @ 3:30pm Telephonic Motions Pretrial Hearing on CIPA Section 4 motions.
Monday, 2/26/24 – Pretrial Motions hearing on remaining motions (evidentiary and/or non-evidentiary).
Wednesday, 2/28/24 - Parties to file a joint jury questionnaire filing for court consideration.
Wednesday, 2/28/24: Trump's lawyers & Jack Smith's office face a deadline from U.S. Judge Aileen Cannon to "meaningfully confer & file a joint jury questionnaire for the Court's consideration, clearly denoting any areas of agreement & disagreement." This is to prep for trial in the 40-count federal felony Mar-a-Lago classified documents case.
Friday, 3/1/24: Scheduling conference before U.S. Judge Aileen Cannon on Trump's 40-count federal felony Mar-a-Lago classified documents case where all remaining pretrial deadlines & the overall trial start date are expected to be reset. [Trump’s motion to continue 5/20/24 trial date].
Wednesday, 3/20/24 - Deadline for the filing of any Motions in Limine & any motion to introduce evidence under Fed. R. Evid. 404(B).
Thursday, 4/11/24 - Governments CIPA Section 6(c) Motion hearing if necessary
Wednesday, 4/17/24 – Motions in Limine hearing.
Tuesday, 5/14/24 @ 1:45pm – Hearing on remaining CIPA issues/Calendar Call.
Monday, 5/20/24: Scheduled start date for jury selection & trial before U.S. Judge Aileen Cannon on Trump's 40-count federal felony Mar-a-Lago classified documents case. Estimates vary on the length of the trial, with Trump's team saying two months overall & prosecutors saying they can present their case in 21 days.
 
Niner said:
Okay - since I just came back from vacation - totally forgot to look at the docket for this case - so here are some updates.

Docket:

# Date Description
328 02/22/2024 NOTICE of Pretrial Motions and Hearing Requests by Donald J. Trump re [320] Order on Motion for Leave to File

327 02/22/2024 MOTION to Dismiss [85] Indictment, Based on the Presidential Records Act by Donald J. Trump. Responses due by 3/7/2024. 1 Attachment ▼

326 02/22/2024 MOTION to Dismiss [85] Indictment, Based on the Unlawful Appointment and Funding of Special Counsel Jack Smith by Donald J. Trump. Responses due by 3/7/2024.

325 02/22/2024 MOTION to Dismiss [85] Indictment, Based on Unconstitutional Vagueness by Donald J. Trump. Responses due by 3/7/2024.

324 02/22/2024 MOTION to Dismiss [85] Indictment, Based On Presidential Immunity by Donald J. Trump. Responses due by 3/7/2024.

323 02/22/2024 Defendant's MOTION to Dismiss [85] Indictment, or in the Alternative for a Bill of Particulars by Carlos De Oliveira. Responses due by 3/7/2024.
Click to expand...

Wow, there were 5 motions to dismiss yesterday, they're throwing anything against the wall.
 
Last edited:
Documents
# Date Description
336 02/25/2024 PAPERLESS Minute Entry for sealed, ex parte follow-up telephonic hearing held before Judge Aileen M. Cannon on February 23, 2024. The Court heard argument from counsel on defense theories in the context of CIPA � 4. Total time in court: 40 minutes. Attorney Appearances: Emil Bove, Todd Blanche, Christopher Kise, Stephen H. Weiss, Sasha Dadan, Larry Donald Murrell, Jr., John S. Irving. Other Appearances: Classified Information Security Officer. Court Reporter: Laura Melton, 305-523-5633 / Laura_Melton@flsd.uscourts.gov. (jf01)

335 02/25/2024 PAPERLESS ORDER: On or before February 28, 2024, the Special Counsel shall file a Reply in Support of its Motion for Reconsideration [294]. Signed by Judge Aileen M. Cannon on 2/25/2024. (jf01)

334 02/23/2024 REPLY TO RESPONSE to Motion by Waltine Nauta re 312 MOTION for Leave to File Discovery Material

333 02/23/2024 RESPONSE to Motion by Donald J. Trump re 294 MOTION for Reconsideration re 286 Order on Sealed Motion, 283 Order on Motion for Miscellaneous Relief, Replies due by 3/1/2024.

332 02/23/2024 PAPERLESS ORDER: The Scheduling Conference set for March 1, 2024 215 shall commence at 10:00 AM in the Fort Pierce Division. The Court anticipates a morning session followed by a break and then an afternoon session for additional legal argument. Pre-conference Order to follow. Signed by Judge Aileen M. Cannon on 2/23/2024. (jf01)

331 02/23/2024 NOTICE of Joining Co-Defendants' Pretrial Motions by Carlos De Oliveira

330 02/23/2024 Supplemental RESPONSE to Standing Discovery Order by USA as to Donald J. Trump, Waltine Nauta, Carlos De Oliveira
1 Attachment ▼

329 02/23/2024 NOTICE of Filing by USA as to Donald J. Trump, Waltine Nauta, Carlos De Oliveira

link: https://www.docketbird.com/court-cases/USA-v-Sealed/flsd-9:2023-cr-80101-648652
 
Monday, February 26th:
*Pretrial Motions Hearing (@ 3:30pm ET) - FL – *Donald John Trump (76/now 77) indicted (6/8/23), charged & arraigned (6/13/23) with 31 counts of willful retention of classified documents, 1 count of conspiracy to obstruct justice, 1 count of withholding a document or record, 1 count of corruptly concealing a document or record, 1 count of concealing a document in a federal investigation, 1 count of scheme to conceal & 2 counts of making false statements & representations. Plead not guilty.
Additional indicted & charged (7/27/23) with 1 count of willful retention of defense information & 2 counts of obstruction. Plead not guilty in filing of waiver of non appearance & released on own recognizance with no monetary bond (Personal Surety Bond) & no travel restrictions (8/4/23).
Count 1-31: Willful retention of National Defense info, Count 32: Conspiracy to obstruct justice, Count 33: Withholding a document or record, Count 34: Corruptly concealing a document or record, Count 35: Concealing a document in a Federal investigation, Count 36: Scheme to conceal & Count 37: False statements & representations.
Co-Conspirator *Waltine Nauta () indicted (6/8/23) & charged (6/13/23) on 6 charges stemming from special counsel Jack Smith’s classified documents probe, including conspiracy to obstruct justice, withholding a document or record, corruptly concealing a document or record, concealing a document in a federal investigation, scheming to conceal & making false statements to federal agents. Plead not guilty.
Additional indicted & charged (7/27/23) with 2 counts of obstruction of justice. No plea entered & released on his own recognizance with no monetary bond (Person Surety Bond).
Count 32: Conspiracy to obstruct justice, Count 33: Withholding a document or record, Count 34: Corruptly concealing a document or record, Count 35: Concealing a document in a Federal investigation, Count 36: Scheme to conceal & Count 38: False statements & representations.
Co-Conspirator *Carlos de Oliveira (56) has also been indicted & charged (7/27/23) with 1 count each of obstruction of justice, concealing records & documents & 1 count of making false statements to FBI. He is alleged to have asked what could be done to delete the footage. Plead not guilty (8/15/23). $100K Surety bond-out on bond. Judge ruled that, in the meantime, De Oliveira must hand in his expired U.S. passport within 48 hours.
Mr. Nauta & Mr. de Oliveira conspired to delete footage from security cameras after the Dept. of Justice issued a subpoena asking for surveillance footage of the basement where it said confidential documents were held. In the court documents, Mr. de Oliveira is claimed to have texted another employee who was the director of information technology that "the boss" wanted the server deleted. The documents allege that Mr. de Oliveira later met with the employee in a small IT room, told him their conversation should remain private, then pressured the man into obliging his request after the employee told Mr. de Oliveira that he did not have the authority.
Indictment: https://storage.courtlistener.com/recap/gov.uscourts.flsd.648653/gov.uscourts.flsd.648653.3.0.pdf
U.S. District Judge Aileen Mercedes Cannon. In addition to Cannon, Magistrate Judge Bruce Reinhart's name also appeared on the summons sent to Trump on Thursday, 6/8/23.
Waltine Nauta will be represented by Stanley Woodward. De Oliveira will be represented by Jack Irving. Trump’s lawyers are Todd Blanche & the former Florida solicitor general Chris Kise & maybe Lindsey Halligan.
Trial set to begin on 5/20/24 with Jury Selection. (trial expected to take 2 weeks). U.S. District Judge Aileen Cannon suggested Wednesday, 11/1/23 that she might delay the timeline for court proceedings in Fort Pierce, Fla., noting the upcoming trial in D.C. (on 3/4/24) & requests from Trump’s lawyers to have more time to prepare.
Case & court info from 4/2/23 thru 2/22/24 reference post #370 here:
https://www.websleuths.com/forums/t...ice-june-2023-trial-may-2024-2.686530/page-19
2/22/24 Update: U.S. District Court-So. District of Florida-West Palm Beach Division. Trump's Motion to Dismiss Counts 1-32 based on Presidential Immunity [as these charges stem directly from official acts by President Trump while in office. Asking the Court to hold a necessary hearing. Filed by Christopher Kise & Todd Blanche. Next pretrial motions hearing on 2/26/24.
2/23/24 Update: Ex-parte follow-up telephonic hearing with counsel for Trump on 2/23/24 re Special Counsel's CIPA § 4 Motions 236 & Defendant Trump's CIPA § 4 Challenge 264. 2/23/24 Update: Trump's response to Motion for reconsideration [seeking reconsideration of the Court's recent rulings relating to sealing of the Defendants' motions to compel discovery filed by Todd Blanche & Christopher Kise. [Trump asks Judge Cannon to reject the Special Counsel’s motion seeking to have her reconsider her order allowing Trump to publicly identify in filing two-dozen people involved in the investigation, including trial witnesses].
2/23/24 Update: (329) Notice of filing by USA as to Trump, Nauta & De Oliveira. (330) Supplemental response to standing Discovery Order by USA as to Trump, Nauta & De Oliveria. (331) Notice of joining co-defendants' pretrial motions by De Oliveira. (332) Paperless Order: The Scheduling Conference set for 3/1/24 [215] shall commence at 10:00 AM in the Fort Pierce Division. The Court anticipates a morning session followed by a break & then an afternoon session for additional legal argument. Pre-conference Order to follow. Signed by Judge Aileen M. Cannon on 2/23/24. (333) Response to Motion by Trump re 294 MOTION for Reconsideration re 286 Order on Sealed Motion, 283 Order on Motion for Miscellaneous Relief, Replies due by 3/1/24. (334) Reply to Response to Motion by Nauta re 312 Motion for Leave to File Discovery material.
2/25/24 Update: (335) Paperless Order: On or before 2/28/24, the Special Counsel shall file a Reply in Support of its Motion for Reconsideration [294]. Signed by Judge Aileen M. Cannon on 2/25/24. (336) Paperless Minute Entry for sealed, ex parte follow-up telephonic hearing held before Judge Aileen M. Cannon on 2/23/24. The Court heard argument from counsel on defense theories in the context of CIPA § 4. Total time in court: 40 minutes. Attorney Appearances: Emil Bove, Todd Blanche, Christopher Kise, Stephen H. Weiss, Sasha Dadan, Larry Donald Murrell, Jr. & John S. Irving. Other Appearances: Classified Information Security Officer.
 
www.newsweek.com

Donald Trump's nuclear war remarks raise eyebrows

Trump said a singe bomb could destroy both New York and South Carolina, but some questioned how accurate this was.
www.newsweek.com www.newsweek.com

IMO he seems to talk about potential national security information as casually as the rest of us would mention the weather. Whether this particular comment is actually security information or whether it's an exaggeration, IMO it's very indicative of a long pattern of disregard for the safety and well-being of everyone else but himself.

Truly terrifying.

MOO
 
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