The federal classified documents case against former President Donald Trump could extend well beyond the 2024 election, prompting some to question whether the case itself will affect the outcome in a manner that diminishes his chances.

“The thorny issues raised in the classified documents battle, combined with Trump’s penchant for aggressively challenging suits, suggests a long-term fight that may not even end before Election Day next year,” The Hill reported on Monday, adding that the case will be tried before U.S. District Judge Aileen Cannon, a Trump appointee.

“It’s going to be very difficult to bring a case like this to trial within the year, given the highly sensitive classified information at issue,” Brian Greer, a former CIA attorney, told the outlet.

“Plus, Trump is going to seek every delay possible. If Judge Cannon goes along with these delaying tactics, we’ll be looking at a trial in 2025 at the earliest,” Greer added.

The indictment against Trump for handling 31 highly classified documents demonstrates the determination of special counsel Jack Smith and the Department of Justice (DOJ) to vigorously pursue the case. However, this approach increases the difficulty of handling classified information during the discovery process and presenting it to the jury, according to the source.

According to Brandon Van Grack, a former top national security attorney at the DOJ, the high-level breakdown of the records suggests that the Justice Department did not prioritize selecting “Goldilocks documents” that would have been easier to manage during the trial.

“These appear to be even more sensitive than your typical retention case, and what I would think from that is that the intelligence community very much is also focused on the fact that they view the conduct here as something that was potentially harmful and damaging to national security. So they’re taking it just as seriously as the Department of Justice is taking it,” he told the outlet.

The process of obtaining security clearances for Trump’s counsel is anticipated to be lengthy. Even with an expedited strategy, completion could still take several weeks. Judge Cannon ordered Trump’s legal team to initiate the clearance procedure by Tuesday at the latest.

The Hill added that the discovery procedure, during which the parties exchange evidence for trial, will provide Trump with opportunities to raise objections.

The Classified Information Procedures Act (CIPA) prescribes a specific discovery procedure for cases involving classified documents. The act specifies the information that must be shared with the defense, establishing restricted grounds for disclosure in comparison to standard procedures.

“Instead of just being relevant, it needs to be relevant and helpful to the defense,” Greer said.

More on this story via Conservative Brief:

A significant pretrial conflict may arise during the stage outlined in Section 5 of the Classified Information Procedures Act (CIPA), which mandates defendants to inform the government about any classified information they intend to present during the trial. The requirement sets the stage for potential disputes and discussions between the defense and the government. CONTINUE READING…