DENIED: Trump-Appointed Judge Will Not Consider New Exhibits As Evidence In Espionage Act Hearing

Judge Aileen Cannon issued an order that she will not consider new exhibits from Special Counsel Jack Smith’s team as evidence in the hearings currently underway in former President Donald Trump’s Espionage Act case.

This week, Judge Cannon — a Trump appointee — held hearings on a variety of issues, including on Smith’s motion demanding Trump be gagged from making statements like his false claims President Joe Biden tried to assassinate him with the FBI raid of Mar-a-Lago. Critics have accused Judge Cannon of slow-walking the case and making rulings adverse to the prosecution.

Smith and his team submitted a new filing during those hearings, including eleven new exhibits that included photos, videos, social media posts, and one that included several court orders.

In a pair of paperless orders issued Thursday, Judge Cannon sealed Tuesday’s hearing, and noted that exhibit 11 would not be considered as evidence because “The evidentiary record on the Motion is closed”:

656

Jun 27, 2024

PAPERLESS MINUTE ENTRY for Hearing held before Judge Aileen M. Cannon on June 25, 2024. The Court heard argument on Defendant Trump’s “Motion for Relief Related to Mar-A-Lago Raid and Unlawful Piercing of Attorney-Client Privilege” [566]. Morning session conducted under seal to protect materials as to which grand jury secrecy applies and/or as to which Defendant Trump asserts attorney-client privilege or work product protection. Afternoon session reopened to the public. Total time in court: 4 hours. Attorney Appearances: Jay I. Bratt, David Harbach, John M. Pellettieri, Michael Thakur, Todd Blanche, Emil Bove, Lazaro Fields, Kendra Wharton, Stanley Woodward, Sasha Dadan, Larry Donald Murrell, Jr., John S. Irving. Court Reporter: Laura Melton, Laura_Melton@flsd.uscourts.gov. (jf01)

…

657

Jun 27, 2024

PAPERLESS ORDER: In light of the extensive, newly submitted materials filed by the Special Counsel and Defendant Trump in support of and/or in opposition to the Special Counsel’s Motion to Modify Conditions of Release [592], the Court will permit the parties to file one final supplemental brief in response to those newly submitted materials, not to exceed 10 double-spaced pages, on or before July 5, 2024. The Court takes note of the additional court orders included in composite exhibit 11 to the Special Counsel’s recently filed Notice [652]. Consistent with the Court’s statements during the July 25, 2024, afternoon hearing [649], the Court will consider such orders as cited legal authority on the Motion, not as part of the developed evidentiary record in this proceeding, and not for the factual findings set forth in those separate proceedings. The evidentiary record on the Motion is closed. Absent leave of Court, no further exhibits shall be attached to the authorized final supplemental briefs. Signed by Judge Aileen M. Cannon on 6/27/2024. (jf01)

Judge Cannon’s order contained a small error – July 24, 2024 is in the future. The hearing in question occurred in the past.

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