Trump trial for classified documents theft unlikely to begin before 2024 election

A hearing before Judge Aileen Cannon on Tuesday made it clear that Donald Trump is unlikely to face trial in connection with his theft and retention of classified national security documents before the 2024 election. It’s still possible. Prosecuting attorneys from the Department of Justice are still insisting that it can be done. But every indicator suggests that Cannon is going to sit back and give Trump the one thing he wants most: endless delays.

It’s hard to fault special counsel Jack Smith. From the moment he was appointed last November, Smith has worked diligently to assemble a team, seat multiple grand juries, review evidence, interview witnesses, and indict Donald Trump on 37 felony counts. That’s not a bad set of accomplishments in just over seven months, especially considering Smith was overseeing an entirely separate investigation into attempts to overturn the 2020 election at the same time.

That’s not to say everyone acted as quickly as they might have to move this case forward. Attorney General Merrick Garland spent months before naming Smith as special counsel. But the primary cause for delay has been Cannon’s absolute willingness to grant Trump’s every request. There’s no sign this is going to stop any time soon, and the DOJ’s only method to rein in Cannon could only make things worse.