This is a bit long - LOTS of docket updates - but I will shorten it up!
Friday, April 12th:
*Motions Hearing (
Nauta & De Oliveira) (@ 2pm 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). Southern District of Florida (Miami) Federal Court
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 (41 or 42) 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.
Trial set to begin on 5/20/24 with Jury Selection. Govt’’s Proposed trial date 7/8/24. Defense’s Proposed trial date 8/12/84 (for Trump & De Oliveira). And Proposed trial date 9/9/24 (for Nauta). (trial expected to take 2 weeks). Trial will be on Mondays, Tuesdays, Thursdays & Fridays.
Judge Aileen Cannon presiding. Special Counsel Jack Smith. Defense attorneys for Trump are Todd Blanche, Christ Kise & Emil Bove, Nauta’s attorney Stanley Woodward & De Oliveira by Jack Irving.
Case & court info from 4/2/23 thru 3/12/24 reference post #421 here:
[URL='https://www.websleuths.com/fo...une-2023-trial-may-2024-2.686530/page-22[/url]
3/13/24 Docket updates: (398) Reply to response to Motion by Trump re [325] Motion to dismiss [85] indictment, based on Unconstitutional Vagueness. (399) Reply to response to Motion by Trump re [327] Motion to Dismiss [85] Indictment, Based on the Presidential Records Act. (400) Response in Opposition by USA as to Trump, Nauta & De Oliveira re [360] Unopposed MOTION to File Amicus Brief by Samuel J. Salario, Jr. Replies due by 3/20/24. Motions hearing for only Trump & Nauta on 3/14/24.
3/14/24 Update: Gov't proposed trial commencement date for all defendants on Monday, 7/8/24. Defendants proposed trial commencement date for Trump & De Oliveira (although Trump “strongly asserts that a fair trial cannot be conducted this year in a manner consistent with the Constitution”) on Monday, 8/12/24. Defendants proposed trial commencement date for Nauta on Monday, 9/9/24. Next motions hearing on 4/11/24 re Governments CIPA Section 6(c) Motion if necessary & a Motions in Limine hearing on 4/17/24.
3/14/24 Update: Trump is present in court with Todd Blanche, Chris Kise & Emil Bove. Nauta & his counsel Stanley Woodward are present. De Oliveira is not there, but has 2 lawyers present, Jack Irving & Larry D. Murrell. Special Counsel Jack Smith is present on behalf of the Gov't, joined by Jay Bratt & David Harbach.
3/14/24 Docket updates: (400) Paperless Minute Entry for Hearing held before Judge Aileen M. Cannon on 3/14/24. The Court heard argument on 325 Motion to Dismiss Counts 1-32 based on Unconstitutional Vagueness & 327 Motion to Dismiss the Indictment based on the Presidential Records Act. Total time in court: 3 hours 30 minutes. Attorney Appearances: Jay I. Bratt, David Harbach, Todd Blanche, Emil Bove, Christopher Kise, Stanley Woodward, Sasha Dadan, Larry Donald Murrell, Jr., John S. Irving. Other Appearances: Defendants Nauta, De Oliveira & Trump. Court Reporter: Laura Melton. (402) ORDER denying [325] Motion to Dismiss Counts 1-32 based on Unconstitutional Vagueness. Signed by Judge Aileen M. Cannon on 3/14/24. Next motion hearing on Gov’t’s CIPA Section 6 © motions on 4/11/24.
3/15/24 Docket Update: (403) Notice of Joining & Adopting by Nauta as to Trump & Nauta re [327] MOTION to Dismiss [85] Indictment, based on the Presidential Records Act. 3/15/24 Docket update: (404) Transcript of Motions to Dismiss as to rump, Nauta & De Oliveira held on 3/14/24 before Judge Aileen M. Cannon, 1-173 pages, Court Reporter: Laura Melton. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/5/24. Redacted Transcript Deadline set for 4/15/24. Release of Transcript Restriction set for 6/13/24. (405) Response in Opposition by USA as to Trump, Nauta & De Oliveira re [364] Unopposed Motion to File Amicus Brief by Edward H. Trent. Replies due by 3/22/24.
3/15/24 Docket Update: (404) Transcript of Motions to Dismiss as to Trump, Nauta & De Oliveira held on 3/14/24 before Judge Aileen M. Cannon, 1-173 pages, Court Reporter: Laura Melton. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/5/24. Redacted Transcript Deadline set for 4/15/24. Release of Transcript Restriction set for 6/13/24. (405) Response in Opposition by USA as to Trump, Nauta & De Oliveira re 364 Unopposed Motion to File Amicus Brief by Edward H. Trent. Replies due by 3/22/24.
3/18/24 Docket update: (406) Notice of scheduling change by Trump. (407) Order requiring preliminary Jury instructions & Verdict forms on Counts 1-32 only. [Judge Cannon orders Trump 7 Special Counsel to submit proposed jury instructions 7 verdict forms regarding the "essential elements" of the Espionage Act]. Signed by Judge Cannon on 3/18/24.
3/19/24 Docket update: (408) Speedy trial report/13th speedy trial report by USA as to Trump, Nauta & De Oliveira. 3/19/24 Docket Update: (409) Notice of filing sealed ex parte Order Granting in Part & Reserving Ruling on Part of Special Counsel's CIPA § 4 Motion as to Defendant Trump. Unclassified public order to follow. Signed by Judge Aileen M. Cannon on 3/19/24.
3/21/24 Docket Update: (410) Motion for leave to file brief of professor Seath Barrett Tillman & Landmark Legal Fdtn. as Amici Curiaw in support of Defendant Trump's Motion to Dismiss the indictment (ECF #326) by non party. Responses due by 4/4/24. (411) Paperless Order granting Motion for Leave to File Amicus Brief [410]. See Sup. Ct. R. 37; Fed. R. App. P. 29; Resort Timeshare Resales, Inc. v. Stuart, 764 F. Supp. 1495, 1500 (S.D. Fla. 1991). The amicus brief [410-1] is accepted for Court consideration. Should the Special Counsel or Defendants wish to file a separate response to the amicus brief, they may do so on or before 4/4/24, in accordance with the Local Rules. Signed by Judge Aileen M. Cannon on 3/21/24.
3//22/24 Docket update: (412) Unclassified Public Order granting in part & reserving Ruling on part of Special Counsel's CIPA § 4 Motion as to Defendant Trump [236]. Signed by Aileen M. Cannon on 3/22/24.
3/24/24 Docket Updates: (413) Reply to Response to Motion by De Oliveira re [323] Defendant's Motion to Dismiss [85] Indictment, or in the Alternative for a Bill of Particulars. (414) Reply to response to Motion by Trump re [326] Motion to Dismiss [85] Indictment, Based on the Unlawful Appointment & Funding of Special Counsel Jack Smith. (415) Reply to response to Motion by Trump re [324] Motion to Dismiss [85] Indictment, Based On Presidential Immunity. (416) Notice Regarding Filing of Certain Reply Briefs by Trump.
3/25/24 Docket updates: (417) Supplemental Response to Standing Discovery Order by USA as to Trump, Nauta & De Oliveira. (418) Notice of Submission by USA as to Trump, Nauta & De Oliveira. {419} Notice of filing reply memorandum by Nauta.
3/27/24 Docket update: (420) Motion for Leave to File Surreply to Defendant Nauta's reply in Support of his Motion to Dismiss based on selective & vindictive prosecution by USA as to Natua. Responses due by 4/10/24. (421) Notice of Trial Date by Trump [to advise Judge Cannon that he is due to commence trial in his Manhattan DA criminal case on 4/15/24 so he's got scheduling conflicts now.]
3/29/24 Docket update: (422) Motion to appear Pro Hac Vice, consent to designation & request to electronically receive Notices of electronic filing for Matthew Seligman. Filing fee $200. Receipt # FLSDC-17409825 by USA as to Trump, Nauta & De Oliveira. Responses due by 4/12/24. 1. Exhibit Certification for Matthew Seligman & 2. Exhibit Proposed Order. (423) Motion Government's Third Motion for certain redactions by USA as to Trump, Nauta & De Oliveira. Responses due by 4/12/24. (424) Clerk's Notice to Filer re 422 Motion to Appear Pro Hac Vice, Consent to Designation & request to electronically receive Notices of electronic filing for Matthew Seligman. Filing fee $200. Receipt # FLSDC-17409825. Wrong Filer Name(s) Selected; ERROR - The wrong filer name was selected. (Prior Approval is needed by Chambers). Modified text on 4/1/24 to reflect prior approval is needed by Chambers.
4/2/24 Docket update: (425) Paperless ORDER: On or before 4/5/24 & in accordance with Local Rule 88.5, counsel for Defendants shall file a combined Speedy Trial Report (not to exceed five pages) in the same general format as the Special Counsel's reports previously filed in this case. Divergent views, if any, can be noted separately. The report shall include Defendants' positions on all excludable time from the speedy trial period & expressly indicate any Defendants' current assertion or waiver of speedy trial rights, with associated timeframes. This Order does not alter the existing requirement or practice to file speedy trial reports as specified in the Court's 6/20/23 Order [28]. Signed by Judge Aileen M. Cannon on 4/2/24. (426) Paperless ORDER denying [422] Motion to Appear Pro Hac Vice, Consents to Designation & requests to electronically receive Notices of electronic filing for Attorney Matthew Seligman. Non-parties Constitutional Lawyers, former Government Officials & State Democracy Defenders Action are not parties to this action. Nor have they moved for leave to participate as amici curiae. Signed by Judge Aileen M. Cannon on 4/2/24. (427) Response by Trump to [407] Order. [Exhibit A, A-1, -2, -3 & B.] (428) Response to ECF No. 407 by USA as to Trump, Nauta & De Oliveira to [407] Order. 1. Exhibit Proposed Verdict Form.
4/3/24 Docket updates: (429) Motion for Leave to File Brief by Constitutional Lawyers, former Government officials & State Democracy Defenders Action as Amici Curiae in Opposition to Defendant Trump's Motion to Dismiss (ECF No. [326]) by Trump, Nauta & De Oliveira. Responses due by 4/17/24. 1. Proposed Order. (430) Paperless ORDER granting Motion for Leave to File Amicus Brief [429]. See Sup. Ct. R. 37; Fed. R. App. P. 29; Resort Timeshare Resales, Inc. v. Stuart, 764 F. Supp. 1495, 1500 (S.D. Fla. 1991). The amicus brief [ECF No. 429 pp. 6-32] is accepted for Court consideration. Should the Special Counsel or Defendants wish to file a separate response to the amicus brief, they may do so on or before 4/17/24, in accordance with the Local Rules. Signed by Judge Aileen M. Cannon on 4/3/24.
4/4/24 Docket Update: (431) ORDER Denying Defendant Trump's Motion to Dismiss superseding indictment based on Presidential Records Act [327]. Signed by Judge Aileen M. Cannon on 4/4/24. [Trump’s attorneys did not meet the legal standard to dismiss charges. US District Judge Aileen Cannon on Thursday declined Trump’s request that she dismiss the case based on his arguments that he had the authority to take classified or sensitive documents with him after he left the White House]. (432) Response to Tillman Amicus Brief by USA as to Trump, Nauta & De Oliveira to [410] Motion to File Amicus Brief.
4/5/24 Docket update (433) Speedy Trial Report in response to Order [425] by Nauta as to Trump, Nauta & De Oliveira.
4/8/24 Docket Update: (434) Notice of Non-Evidentiary hearing on the following motions: (1) Defendant De Oliveira's Motion to Dismiss Indictment, or, in the Alternative, for a Bill of Particulars [323]; (2) Defendant Nauta's Motion for a Bill of Particulars; and (3) Defendant Nauta's Motion to Dismiss for Failure to State an Offense / Vagueness as Applied / Rule of Lenity. Motion Hearing set for 4/19/24 at 10am in Fort Pierce Division before Judge Aileen M. Cannon. Order to follow directing partially redacted filings of the second & third motions referenced in this Order. (435) Motion to Continue re 434 Notice of Hearing on Motion, by Nauta as to Nauta & De Oliveira. Responses due by 4/22/24. (436) Paperless Order granting [435] Motion to Continue Hearing on Motion. Non-Evidentiary Hearing reset for 4/12/24 2pm in Fort Pierce Division before Judge Aileen M. Cannon. Signed by Judge Aileen M. Cannon on 4/8/24.
4/8/24 Update: Not too sure of actual date. Trump attended on Monday a critical court hearing where his lawyers presented their defense theories to the federal judge presiding in the criminal case over his retention of classified documents at his Mar-a-Lago club & obstruction of justice. The presence of Trump in the courtroom could raise the stakes for the US district judge, Aileen Cannon, as she decides whether prosecutors in the office of special counsel Jack Smith should be permitted to withhold or redact certain classified documents. The federal judge overseeing Trump’s criminal case on charges of retaining classified documents ordered Trump’s lawyers to redact information about roughly two dozen witnesses from a public version of one of their court filings, reversing an earlier decision that had allowed no redactions. The ruling means Trump must instead substitute pseudonyms – for instance, Trump employee 1 or FBI agent 1 – when referring to people inside Trump’s orbit & others involved in the investigation that could be the target of threats of harassment. But though the US district judge Aileen Cannon granted the principal request from the special counsel Jack Smith, she used the order to rebuke prosecutors for filing a motion to reconsider, imposed new conditions & ruled against prosecutors in allowing testimony transcripts to be public. The reversal from Cannon ultimately granting the motion appeared to be an acknowledgement of the embarrassment & potential ammunition she could give prosecutors to have her removed from the case if she denied their request 7 then got overturned on appeal. But in doing so, she rebuked prosecutors in scathing terms & blamed prosecutors for placing her in such a position. “Special counsel’s newly raised arguments could have & should have been raised previously,” she wrote in one terse subhead.
4/9/24 Docket update: (437) Speedy Trial Report/14th Speedy Trial Report by USA as to Trump, Nauta & De Oliveira filed. 4/9/24 Docket update: [438] Order on sealing requests associated with Defendants' Motions to Compel Discovery. Signed by Judge Aileen M. Cannon on 4/9/24.
4/10/24 Docket update: [439] Paperless Order: On or before 5/9/24, Defendants shall file Rule 16 expert disclosures & any defense CIPA Section 5(a) written notice based on classified discovery produced to date. The Section 5(a) notice shall be sufficiently detailed & cover both documentary exhibits & anticipated oral testimony. Standard rules regarding classified filings with the Court apply, as set forth in the CIPA protective orders [150] [151] [152]. Paragraph 4 of the Court's Order [283] on sealing requests & procedures also remains in effect. Signed by Judge Aileen M. Cannon on 4/10/24. 4/10/24 Docket update: [440] Paperless ORDER: In anticipation of the upcoming hearing on Defendant Nauta's Motion for a Bill of Particulars Motion to Dismiss for Failure to State an Offense/Vagueness as applied/Rule of Lenity ("Motions"), Defendant Nauta & the Special Counsel are directed as follows. On or before 4/11/24, Defendant Nauta shall file the foregoing Motions on the public docket as set forth below. Given the undisputedly substantive nature of the Motions, the Court has applied the common-law right of access standard to this inquiry, deeming it sufficient to resolve the instant requests as briefed [339] [348]. Under that standard, the Court finds that the Special Counsel's asserted witness-safety & harassment concerns are sufficient, at this juncture, to (1) shield the names of potential government witnesses & ancillary names in the Motions & in the attached transcript of Defendant Nauta's voluntary FBI interview, and (2) replace those names as applicable with anonymous descriptors as used in the Superseding Indictment [85] or as listed in the Special Counsel's forthcoming index [see ECF No. 438 p. 16]. Any PII shall be redacted for the same reasons. With respect to the substantive statements contained in Defendant Nauta's FBI interview, the Court reaches a different conclusion. For similar but even stronger reasons than those articulated in the Court's recent Order applying Rule 16 [438] & after balancing the parties' asserted interests in this case of significant public concern--the Court finds the Special Counsel's sweeping request & generalized rationales inadequate to overcome the public's common-law interest in access to these materials. Chicago Tribune Co. v. Bridgestone/Firestone, Inc., 263 F.3d 1304 (11th Cir. 2001); Romero v. Drummond Co., Inc., 480 F.3d 1234 (11th Cir. 2007); Callahan v. United Network for Organ Sharing, 17 F.4th 1356 (11th Cir. 2021). Accordingly, Defendant Nauta may attach his FBI interview transcript but shall (for the reasons stated previously) redact the names of any potential government witnesses & ancillary names where referenced therein. The final item of redaction implicated in the Motions is the transcript of Defendant Nauta's grand jury testimony taken on 6/21/22. For now, Defendant Nauta shall file that transcript under seal in its entirety because presumably it remains subject to protection under Fed. R. Crim. P. 6(e). The parties shall be prepared, however, to present argument at the hearing on the need for continued sealing of that transcript given the Special Counsel's partial use of that transcript in a public motion [381], and any other factors related to the need for continued secrecy under the circumstances. After filing the Motions in accordance with this Order (but before the hearing), Defendant Nauta shall file the associated Replies to which the Special Counsel has indicated no objection [423]. No redactions beyond those authorized in this Order are permitted. The Court expresses no view on any other seal request or on the applicability of any other legal standards. Signed by Judge Aileen M. Cannon on 4/10/24.
4/10/24 Update: U.S. District Court Judge Aileen Cannon effectively eliminated the possibility that Trump could go to trial in July for allegedly mishandling classified documents. In an order on Wednesday, Cannon said Trump had until 5/9/24 to disclose which classified documents he would use for his defense. Special counsel Jack Smith had proposed 3/18/24 for Trump to file his notice under Section 5 of the Classified Information Procedures Act (CIPA) in order to get to a July 2024 trial. No way that is happening now, given deadline is 7 weeks later. But she also didn’t give Trump the 6/17/24 deadline he wanted — so no 11th Circuit ammo either. 4/10/24 Docket update: [441] Response to Motion by Nauta re [420] MOTION for Leave to File Surreply to Defendant Nauta's reply in support of his Motion to Dismiss based on selective & vindictive Prosecution replies due by 4/17/24. [442] Motion to Appear Pro Hac Vice, Consent to Designation & request to electronically receive Notices of electronic filing for Matthew Seligman. Filing fee $200 Receipt #FLSDC-17409825 by Constitutional Lawyers, former Government officials & State Democracy Defenders Action as to Trump, Nauta & De Oliveira. Responses due by 4/24/24.
4/11/24 Docket update: No #-Attorney update in case as to Trump, Nauta & De Oliveira. Attorney Matthew Seligman for Constitutional Lawyers, Former Government Officials & State Democracy Defenders Action added (filed: 04/11/2024). 4/11/24 Document update: [443] Paperless ORDER granting [442] Motion to Appear Pro Hac Vice, Consents to Designation & requests to electronically receive Notices of electronic filing for Attorney Matthew Seligman. The Court incorporates Mr. Seligman's Certification, filed in connection with a prior Motion [422-1]. The Court reserves the power to withdraw permission for special appearance at any time. Failure to abide by any court order or failure to appear at any scheduled matter may result in immediate revocation of counsel's pro hac vice status. Local counsel must be ready to adequately represent the party at any time. Signed by Judge Aileen M. Cannon on 4/11/24. [445] Paperless ORDER granting in part Special Counsel's Conditional Motion for Leave to File Surreply to Defendant Nauta's Reply in Support of Motion to Dismiss based on selective & vindictive Prosecution [420]. On or before 4/18/24, the Special Counsel may file a Surreply to Defendant Nauta's Motion. Signed by Judge Aileen M. Cannon on 4/11/24. 
