Judge Cannon sets guardrails for Trump’s handling of classified documents in Florida case

September 13, 2023 12:35 PM

United States District Judge Aileen Cannon set restrictions on Wednesday on Donald Trump‘s handling of any evidence that involved classified documents in the case alleging the former president mishandled such documents.

Cannon established the protective order, a standard protocol for cases involving classified information, after holding a closed hearing on the matter one day prior.

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Cannon ordered that Trump and his legal team could “discuss classified information only within the SCIF [sensitive compartmented information facility] or in an area authorized” by a court-appointed chief information security officer.

She also warned that “any unauthorized disclosure or mishandling of classified information may constitute violations of federal criminal law.”

The hearing followed Trump and special counsel Jack Smith submitting competing requests about the protective order that largely centered on the location of a SCIF. The current SCIF that Trump would use that is closest to his Mar-a-Lago residence appears to be at the Miami federal courthouse based on court filings.

In their arguments, Trump’s lawyers wrote that the high volume of discovery in the case required the former president to have easier access to a SCIF, such as one that would be temporarily established within Mar-a-Lago.

“So that President Trump and his legal team may discuss classified information in a substantive manner as regularly as necessary to prepare an adequate defense, we respectfully request that the Court approve re-establishment of a secure facility in which President Trump previously discussed (and reviewed) classified information during his term as President of the United States,” they wrote.

They noted “the immense practical and logistical hurdles and costs that make it virtually impossible for President Trump to make regular trips to a public facility to discuss classified discovery material,” adding that Trump would not be able to adequately make use of his right to defend himself in the case if he had to travel so frequently to an already-approved SCIF.

Prosecutors wrote on behalf of Smith that they rejected the idea of Mar-a-Lago serving as a temporary SCIF.

“In essence, he is asking to be the only defendant ever in a case involving classified information (at least to the Government’s knowledge) who would be able to discuss classified information in a private residence,” prosecutors wrote.

They added that Mar-a-Lago “is even less suited than most residences to host a secure location, because it is a social club,” and emphasized the well-attended gatherings held at the residence.

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It is unclear whether the case’s chief information security officer would approve a location closer to Trump than Miami for the former president and his lawyers to review and discuss any classified documents relevant to the case.

An attorney for Trump did not respond to a request for comment. Smith’s office declined to comment.

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