The recent development in the trial of former President Donald Trump is that Judge Aileen Cannon, who was randomly selected to preside over the case, has set a date for the trial to begin. The trial will address the 37 counts against Trump related to Espionage Act violations. Despite being a Trump appointee, Judge Cannon has been praised for her efficient handling of the case.
In her six-page order, Judge Cannon outlined a trial schedule that will commence in August. A Calendar Call will take place on August 8, 2023, and the Criminal Jury Trial will begin during the two-week period starting on August 14, 2023. The trial and related hearings will be held at the Alto Lee Adams, Sr. United States Courthouse in Fort Pierce, Florida. The order also specifies that all pre-trial motions and motions in limine must be filed by July 24, 2023.
Additionally, the order addresses the submission of proposed jury instructions and a verdict form by the parties prior to the Calendar Call. The instructions and form must be submitted jointly, with every instruction supported by citation to authority. The order also provides guidance for the sentencing phase if the trial proceeds to that stage, including procedures for the hearing, objections to the draft Pre-Sentence Report (PSR), and motions for departure or variance.
This order signifies that the trial will commence in a relatively short period of time, and it includes instructions and details that bring the trial process to life. It highlights the judge’s expectations and provides a framework for the parties’ submissions and proceedings leading up to the trial and, potentially, the sentencing phase.
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.
Prior to calendar call, the parties shall submit, in Word format, via e-mail to [email protected], 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.
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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.
