Trump Prosecuted in the Southern District of Florida
On June 8, 2023, former President Donald Trump and his aide Waltine Nauta were indicted by a federal grand jury in the Southern District of Florida on charges related to the alleged mishandling of classified documents at Trump’s residence at Mar-a-Lago. A superseding indictment was unsealed on July 27, 2023, which charged an additional defendant, Carlos De Oliveira, and included three additional charges against Trump of evidence tampering, willfully retaining national defense information, and lying to investigators.
Here you can find our analysis of the pretrial proceedings and indictment, court dispatches, primary source documents, docket watch, and recent podcast episodes covering this trial.
Lawfare Analysis
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The Return of the Stanley Woodward Mess
In Trump’s classified documents case, Judge Cannon will address a defense lawyer’s claim that prosecutors tried to intimidate him nearly two years ago. -
Could the Special Counsel Challenge Judge Cannon’s Jury Instructions Before They’re Delivered?
Though rarely tried, prosecutors have successfully challenged proposed jury instructions by mandamus actions—at least after the jury was sworn in. -
Judge Aileen Cannon: Champion of the Public’s Right of Access to Court Documents—Containing Names of Witnesses Against Trump
Why she may retract—or the Eleventh Circuit may reverse—her Feb. 6 order to unseal the identities of prospective witnesses against Trump in the Mar-a-Lago case. -
M. Evan Corcoran’s Attorney-Client Privilege in Florida
Evan Corcoran’s testimony is key to Trump’s trial—and Judge Cannon might exclude it. -
Judge Cannon Issues Another Troubling Order in Mar-a-Lago Case
Why Judge Cannon’s denial of the prosecutors’ motion to seal and request that co-defendant Nauta file a response brief are so intensely weird -
The (Many) Trials of Donald J. Trump
With civil and criminal cases underway in New York, Florida, D.C., and potentially Georgia—how is this all supposed to work? -
Does Donald Trump Have to Attend His Own Trial?
On the embarrassing state of Rule 43 law -
Not Quite the Indictment We Were Expecting Today
The new indictment does not shake the heavens but it does name a new defendant, describe a new fact pattern, and add some significant new charges. -
How the Eleventh Circuit Might Weigh a CIPA Appeal in United States v. Trump
The statute could play a prominent role in the prosecution of the former president. -
What Does the Law Say About Recusing Judge Cannon?
Having Judge Cannon recused based on her history and perception of bias is a difficult task. -
Don’t Write Off the Southern District of Florida in the Trump Prosecution
The Southern District of Florida is a district where high-profile cases involving classified information have been successfully prosecuted. -
703 Ways Trump’s Mar-a-Lago Conduct Bears No Resemblance to Hillary Clinton’s Emails
Insisting on similarity is a kind of lie to make Clinton’s conduct look worse than it was, to make Trump’s look more benign than it was, or both at the same time. -
The Presidential Records Act, Clinton's Socks, and Trump's Boxes
What is the PRESIDENTIAL RECORDS ACT? What is the CLINTON SOCKS CASE? Do they TOTALLY EXONERATE Donald Trump? -
There Is No Norm Against Prosecuting Former Presidents
And there never was. -
Debunking Trump’s Witch Hunt Theory
How do the many cases against Donald Trump, past, present, and likely to come, interact with or depart from one another? -
What are the Classified Documents in the Trump Indictment?
What do we know, and what can we infer, about the 31 documents the special counsel's office charges Trump with retaining? -
A Primer on the Silent Witness Rule and United States v Trump
What you need to know about the controversial rule likely to play a central role in the Mar-a-Lago case. -
The Espionage Act After the Mar-a-Lago Indictment
The Trump administration’s record of Espionage Act prosecutions further casts doubt on the idea that his own indictment is a witch hunt, but both should lead us to rethink the Espionage Act’s capaciousne... -
Shoes Yet to Drop in the Mar-a-Lago Investigation
Friday’s indictment may be just the beginning. Here are four additional directions the investigation may head in before it’s all over. -
United States of America v. Donald J. Trump and Waltine Nauta
The former president faces federal charges for the first time in the Mar-a-Lago case -
Trump Indicted in Mar-a-Lago Probe
We don’t know much—yet. -
Mr. Smith Goes to Washington
What triggered the appointment of a special counsel, who is Jack Smith, and what, if anything, does this mean for the investigations into Donald Trump? -
Can Trump Just Declare Nuclear Secrets Unclassified?
It’s not entirely clear whether the former president can use an appeal to presidential authority to declassify any secrets, but in the case of “Restricted Data,” the classification category for nuclear s...
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Court Dispatches
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Four Hearings and a Funding Stream
A dispatch from Judge Cannon’s hearings on special counsel funding, modifying Trump’s bond conditions, attorney-client privilege, and Trump’s challenges to the validity of the warrant. -
Pearce Argues in Fort Pierce
A dispatch from Judge Cannon’s hearing on the legality of the appointment of Special Counsel Jack Smith. -
Judge Cannon’s Thursday Hearing on Two Trump Motions to Dismiss
Is the Espionage Act unconstitutionally vague as applied to Trump, and was it repealed as to presidents by the Presidential Records Act? -
Double Dispatch: Friday’s Hearings in South Florida and Fulton County
Five hundred miles apart, two courts held major hearings in Trump criminal cases. -
Dispatch in Absentia: Scheduling Conflict in Trump’s Mar-a-Lago Trial
Judge Cannon indicates she may revise Trump’s trial schedule in the Mar-a-Lago classified documents case. -
The Waltine Nauta Garcia Hearing That Was
A detailed summary of what happened at Nauta’s potential conflicts hearing on Oct. 20. -
Why a Conflicts Hearing for Trump Co-Defendant Waltine Nauta Imploded
The government sprung a new Garcia argument on Judge Cannon. She wasn’t pleased. -
Judge Cannon Holds a Hearing
The much criticized judge presiding in the Mar-a-Lago case holds a scheduling conference, and the parties spar over a reasonable trial date. -
What Actually Happened at Trump’s Arraignment?
And why did the press line up 27 hours before it started?
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Documents
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Judge Cannon Dismisses Trump Classified Documents Case
Cannon reasoned that the appointment and funding of Special Counsel Jack Smith was in violation of the Appointments Clause. -
Waltine Nauta 2022 Interview Transcript Unsealed
The transcript reveals a conversation Nauta had with FBI special agents about his knowledge of the boxes moved at Mar-a-Lago. -
Justice Department Files Joint Discovery Report in Classified Documents Case
The joint discovery report filed pursuant to the Court's July 21, 2023 order states that the government has provided over one million pages of unclassified discovery so far. -
Judge Cannon Enters Protective Order in Trump Mar-a-Lago Case
The judge granted the government’s motion to establish procedures dictating access to the classified information in the case. -
Trump Responds to Government's Proposed Protective Order in MAL Case
Donald Trump requests the ability to review evidence that includes classified material in locations other than the designated SCIFs. -
Government Requests Conflict of Interest Inquiry in Mar-a-Lago Case
The government asked the court to investigate Waltine Nauta’s lawyer for potential conflicts of interest due to his representation of three people involved in the case. -
Justice Dept. Files Renewed Motion for Protective Order in MAL Case
Trump has requested that he be permitted to discuss classified information with his counsel outside of authorized locations. -
Third Co-Defendant, Additional Charges in Mar-a-Lago Classified Documents Case
The superseding indictment named Carlos De Oliveira, property manager at Mar-a-Lago, and brought additional charges against Donald Trump and his co-defendant Waltine Nauta. -
Trump Classified Documents Trial Set for May 2024
Judge Aileen Cannon rejected Trump’s request to begin the trial after the 2024 presidential election. -
Justice Dept Issues Motion for Protective Order Over Classified Docs in MAL Case
The Justice Department’s proposed order aims to establish procedures that must be followed by counsel, the parties, and any other individuals granted access to the classified information in the case. -
Justice Dept. Pushes Back on Trump Effort to Delay MAL Trial
The department argued that the trial date should remain set for December 2023. -
Justice Department Submits Protective Order in Mar-a-Lago Case
Special Counsel Jack Smith submitted a motion for a protective order to limit the disclosure of sensitive and confidential discovery information as the case progresses. -
Trump Florida Arraignment Transcript Released
Trump pleaded not guilty to 37 federal charges. -
Livestream: Jack Smith to Deliver Statement on the Indictment of Former President Trump
Special Counsel Jack Smith is expected to give an on-air press statement at 3 p.m. ET in connection with the indictment of Donald Trump. -
Trump Mar-a-Lago Indictment Unsealed
The Justice Department unsealed the indictment of former President Donald Trump and Trump aide Waltine Nauta in connection with the investigation into the improper removal of classified documents from th...
Recent Lawfare Podcasts
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Lawfare Daily, Trump's Trials and Tribulations: What Happens Now?
Listen to yesterday's "Trump's Trials and Tribulations" as a podcast. -
Lawfare Daily: Trump Trials and Tribulations Weekly Round-up (September 5, 2024)
Listen to this week's "Trump's Trials and Tribulations." -
Lawfare Daily: Trump Trials and Tribulations Weekly Round-up (August 15, 2024)
Listen to this week's "Trump's Trials and Tribulations."
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