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CNN – Special counsel Jack Smith’s team and lawyers for Donald Trump will appear before the judge overseeing the criminal case against the former president. The hearing will have a procedural nature, but it could lead to disputes over the timeline for the trial involving classified documents. Both sides have requested a delay in the trial date, with Trump potentially wanting it to occur after the 2024 election. However, the prosecutors propose that the trial begin in mid-December of this year. The hearing, taking place in federal court in Fort Pierce, Florida, was requested by the prosecutors under the Classified Information Procedures Act. This act establishes the process for handling the highly secretive government documents central to the prosecution.

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Typically, a classified procedures hearing is routine, focusing on scheduling plans provided by the Classified Information Procedures Act. However, there have been disagreements between the prosecutors and Trump’s attorneys regarding the length of the trial’s delay. The hearing may determine how this scheduling conflict will be resolved.

Although Trump is not expected to attend the hearing, his co-defendant, Walt Nauta, may be present. Trump and Nauta’s defense attorneys have already clashed with the Justice Department over the timing of initial procedural steps in the case. Prosecutors accused the defendants of stonewalling on the issue of a protective order before turning over classified discovery to them.

The judge overseeing the case, Aileen Cannon, will draw significant attention due to the historic nature of prosecuting a former president. Cannon, a Trump appointee, will face additional scrutiny because of a previous ruling she made, granting a third-party review of an FBI search of Trump’s resort in the documents case. However, her ruling was overturned by a conservative federal appeals court.

The Classified Information Procedures Act was enacted to address concerns raised by prosecutors about the defense strategy of “graymail.” This strategy involves defendants threatening to expose classified evidence, pressuring the government to dismiss the case. The act seeks to balance the government’s interest in protecting classified information with a defendant’s right to a fair trial.

Typically, disputes about evidence presented to a jury arise closer to the trial’s start or even during the trial. However, CIPA moves the questions surrounding classified materials to the pre-trial phase. The hearing on Tuesday aims to discuss the schedule for resolving these issues. Prosecutors have emphasized their plan to quickly hand over classified evidence to Trump and Nauta’s defense teams while blaming the defense counsel for delaying the acquisition of necessary security clearances.

The case involves Trump facing multiple counts of willfully retaining national defense information and charges of obstructive conduct. Both Trump and Nauta have pleaded not guilty. Delays in the proceedings have already occurred due to Nauta’s lawyer and the timeline proposed by Smith’s team. However, in recent filings, the prosecutors assert that their proposed schedule is reasonable and that an indefinite continuance of the trial is unnecessary.

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