U.S. District Judge Aileen Cannon on Saturday granted former President Donald Trump’s request for further briefing on the issue of presidential immunity in the Mar-a-Lago classified documents case and delayed certain deadlines.
Cannon’s order marks the latest fallout from the Supreme Court’s presidential immunity decision on Monday, which ruled that Trump has immunity from prosecution for some conduct as president in the federal election interference case.
In the order, Cannon afforded special counsel Jack Smith the right, but not the obligation, to file a submission on the use of classified information at trial. At the same time, she paused two upcoming deadlines for Trump and his co-defendants.
Smith’s brief is now due on July 18, and a reply from Trump’s team is due on July 21.
Neither Trump’s lawyers nor the Department of Justice immediately responded to a request for comment Saturday afternoon.
There is no trial date in sight in the classified documents case. Trump has pleaded not guilty to all charges.
The latest development comes after Trump’s attorneys on Friday asked Cannon to pause court proceedings and consider how the Supreme Court’s ruling affects the case. Trump’s team in February had also filed a motion to dismiss the indictment on immunity grounds.
Saturday’s order also makes Trump’s team busier — at least in the short term — as it attempts to minimize or outright dismiss two of the three other criminal cases pending against him.
Through an order earlier this week, Judge Juan Merchan, who presided over Trump’s criminal hush money trial earlier this year, stayed Trump’s July 11 sentencing hearing to allow for briefing on Trump’s motion to set aside the verdict in that trial.
Trump’s brief, which is expected to focus on evidence involving his official acts admitted during the trial to prove his knowledge and intent, is due on July 11. Manhattan District Attorney Alvin Bragg’s response is due on July 24.
