DJT - SDFL - Order On SP Hearing - 6-5-24

Case 9:23-cr-80101-AMC Document 605 Entered on FLSD Docket 06/05/2024 Page 1 of 3
UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF FLORIDA
WEST PALM BEACH DIVISION
CASE NO. 23-80101-CR-CANNON
UNITED STATES OF AMERICA,
Plaintiff,
v.
DONALD J. TRUMP,
WALTINE NAUTA, and
CARLOS DE OLIVEIRA,
Defendants.
____________________________________/
ORDER IN ANTICIPATION OF JUNE 2024 HEARINGS
THIS CAUSE comes before the Court in anticipation of the hearings scheduled for June
21 and 24–26, 2024 [ECF No. 530]. In light of the Special Counsel’s recently filed Motion for
Modification of Conditions of Release [ECF No. 592], and to afford adequate time for party and
amici argument on Defendant Trump’s Motion to Dismiss Indictment Based on the Unlawful
Appointment and Funding of Special Counsel Jack Smith [ECF No. 326; see ECF No. 604], the
Court hereby adjusts the Motions to be heard at the June session as follows:
1. On June 21, 2024, as previously scheduled, the Court will hear argument starting at
9:30 a.m. on the Appointments Clause challenge for the duration of the day. The Court
anticipates starting with argument from counsel for the parties; proceeding to hear
argument from amici and rebuttal from the parties as necessary; and then
accommodating any presentation of evidence, if deemed necessary by the Court,

following review of the supplemental briefs on the need for further factual development
[ECF No. 588].
2. By appropriate Notice filed no later than June 10, 2024, Defendant Nauta shall clarify
whether he adopts or joins in Defendant Trump’s Motion to Dismiss Indictment Based
on the Unlawful Appointment and Funding of Special Counsel Jack Smith
[ECF No. 326; see ECF No. 331 (Defendant De Oliveira Notice of Adoption)].
3. On June 24, 2024, the Court will hear argument as follows:
a. 10:00 a.m. – Appropriations Clause challenge as raised in Defendant Trump’s
Motion to Dismiss the Indictment Based on the Unlawful Appointment and
Funding of Special Counsel Jack Smith [ECF No. 326].
b. 3:00 p.m. – Special Counsel’s Motion for Modification of Conditions of
Release [ECF No. 592].
4. On June 25, 2024, the Court will hear argument on Defendant Trump’s Motion for
Relief Related to Mar-A-Lago Raid and Unlawful Piercing of Attorney-Client Privilege
[ECF No. 566]. Argument will focus primarily on the privilege / work product issues
raised in the Motion, to be heard in sealed session for purposes of protecting potentially
privileged information and grand jury material. At the conclusion of that session, the
Court will hear argument in open court (with appropriate redactions) on Defendant
Trump’s arguments with respect to (a) his entitlement to a Franks hearing; (b) the
particularity of the warrant under the Fourth Amendment; and (c) the good-faith
exception to the exclusionary rule. Should a need arise for an evidentiary hearing on
any of the foregoing topics, the Court will schedule such a hearing in due course.
2
5. On or before June 10, 2024, the parties shall promptly confer and file a status report
on what additional material, if any, from the crime-fraud proceeding in the U.S. District
Court for the District of Columbia is pertinent to the Court’s studied resolution of the
privilege and work-product issues raised in Defendant Trump’s Motion for Relief
Related to Mar-A-Lago Raid and Unlawful Piercing of Attorney-Client Privilege
[ECF No. 566]. See D.D.C. 22-gj-10. This status report may be filed under seal if
necessary to protect potentially privileged and/or grand jury material, and it should
clearly indicate the parties to that proceeding and the status of any pending transfer
petitions in that proceeding.
6. In light of the scheduling adjustments above, the Court hereby cancels the partial
evidentiary, multi-day hearing on Defendants’ Motions to Compel [ECF No. 469]
previously scheduled for June 24–26, 2024, to be reset by subsequent Order.
7. Defendants are not required to appear at the June 2024 hearings.
DONE AND ORDERED in Chambers at Fort Pierce, Florida, this 5th day of June 2024.
_________________________________
AILEEN M. CANNON
UNITED STATES DISTRICT JUDGE
cc: counsel of record

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Case 9:23-cr-80101-AMC Document 605 Entered on FLSD Docket 06/05/2024 Page 1 of 3

UNITED STATES DISTRICT COURT

CASE NO. 23-80101-CR-CANNON

UNITED STATES OF AMERICA,

ORDER IN ANTICIPATION OF JUNE 2024 HEARINGS

accommodating any presentation of evidence, if deemed necessary by the Court,

CASE NO. 23-80101-CR-CANNON

[ECF No. 588].

whether he adopts or joins in Defendant Trump’s Motion to Dismiss Indictment Based

on the Unlawful Appointment and Funding of Special Counsel Jack Smith

3. On June 24, 2024, the Court will hear argument as follows:

a. 10:00 a.m. – Appropriations Clause challenge as raised in Defendant Trump’s

Motion to Dismiss the Indictment Based on the Unlawful Appointment and

Funding of Special Counsel Jack Smith [ECF No. 326].

b. 3:00 p.m. – Special Counsel’s Motion for Modification of Conditions of

Release [ECF No. 592].

Relief Related to Mar-A-Lago Raid and Unlawful Piercing of Attorney-Client Privilege

CASE NO. 23-80101-CR-CANNON

Related to Mar-A-Lago Raid and Unlawful Piercing of Attorney-Client Privilege

petitions in that proceeding.

evidentiary, multi-day hearing on Defendants’ Motions to Compel [ECF No. 469]

previously scheduled for June 24–26, 2024, to be reset by subsequent Order.

7. Defendants are not required to appear at the June 2024 hearings.

cc: counsel of record

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