Judge reopens Trump challenge in classified documents case

Boxes of documents at Donald Trump's Mar-a-Lago club

U.S. District Judge Aileen Cannon may yet "back some of Trump's myriad efforts to dismiss the case"

(Image credit: U.S. Department of Justice via Getty Images)

published 28 June 2024

What happened

U.S. District Judge Aileen Cannon on Thursday rejected one attempt by Donald Trump to suppress evidence that he unlawfully retained classified documents. But in a win for Trump, who appointed her, Cannon ordered an evidentiary hearing to consider whether prosecutors should have been allowed to pierce the confidentiality of communications between Trump and one of his lawyers — a question already settled by a more experienced chief federal judge in Washington last year.

Winning the right to depose former Trump lawyer Evan Corcoran under the "crime-fraud exception" to attorney-client privilege was a "hugely consequential legal victory" for prosecutors, The New York Times said. Reversing the D.C. judge's ruling "could deal a serious blow to the obstruction charges" against Trump.

Cannon's latest ruling "continues her pattern of siding with special counsel Jack Smith on fundamental questions" while also "sharply critiquing prosecutors" and signaling she may yet "back some of Trump's myriad efforts to dismiss the case," Politico said. It's also typical of her "tendency for wanting to decide legal questions" in the case that have "already been settled," the Times said.

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Rafi Schwartz has worked as a politics writer at The Week since 2022, where he covers elections, Congress and the White House. He was previously a contributing writer with Mic focusing largely on politics, a senior writer with Splinter News, a staff writer for Fusion's news lab, and the managing editor of Heeb Magazine, a Jewish life and culture publication. Rafi's work has appeared in Rolling Stone, GOOD and The Forward, among others.