As Trump prepares for trial on charges that he repeatedly violated government rules for handling classified information, his legal team may get a tactical timing advantage from an unlikely source: government rules for handling such secrets.
Trump’s indictment on dozens of charges, including mishandling classified documents and trying to obstruct investigators’ efforts to recover that material, means his case will be tried under the rules of the Classified Information Procedures Act, or CIPA — a law that could, in theory, delay any trial until after the 2024 presidential election.
The law created a series of pretrial steps that must be taken to decide exactly what classified information will be used in court, and how. Lawyers who have worked such cases view the law as a time-consuming and difficult set of procedures that can be extremely beneficial to any defendant seeking to delay a trial.Special counsel Jack Smith, who is leading the classified-documents case for the Justice Department, has signaled a desire to take the Trump case to trial quickly.
Defense lawyers in national security cases have long argued that this part of the CIPA law is unfair to defendants, because it gives prosecutors a detailed road map to the trial defense strategy well before the trial begins, and because so many of the legal debates are kept secret under seal, out of public view.Prosecutors may object — and often do — to defense plans to reveal classified information.
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