The judge overseeing the indictment of former President Donald J. Trump on charges of unlawful withholding of national defense information issued an order Thursday instructing any attorney who wants to participate in the case to begin the process of obtaining a security clearance to drive. classified material early next week.
Federal Judge Aileen M. Cannon’s brief order directed attorneys to contact the Justice Department’s Litigation Security Group Tuesday to “expedite” the process for obtaining a warrant.
Neither lawyer who appeared with Trump at his arraignment in Miami on Tuesday — Todd Blanche and Christopher M. Kise — have active security clearances, but both have contacted the Justice Department to get them, one person said. familiar with the case. said the matter. Mr. Blanche, a former federal prosecutor, used to have one, and a member of Mr. Kise’s law firm has one now, the person said. That member will help in Mr. Trump’s case.
Any lawyer representing Trump, and still considering candidates, will need an active clearance because he has been accused of illegally taking 31 documents when he left office, many of which were classified as top secret, one of the most sensitive security designations in the world. country.
According to the indictment, Mr. Trump took White House records that were created by the CIA, the Department of Defense, the National Security Agency, the National Geospatial-Intelligence Agency, the National Reconnaissance Office, the Department of Energy and the Department of State.
At least one of Trump’s former lawyers, Timothy Parlatore, had an active security clearance. But Parlatore resigned from Trump’s legal team in May. Judge Cannon’s order was allegedly not intended for the prosecutors in the case, who almost certainly already have security clearances.
The order by Judge Cannon, who faced a barrage of criticism last year for ruling favorable to Trump early in the investigation, suggested that at least for now she has no plans to recuse herself from the case. She was also a preliminary indication that he has decided to move things along relatively quickly.
That pace, especially if the case drags on beyond the 2024 election, could have significant consequences. If Trump were re-elected, for example, his attorney general could dismiss the case or, in theory, he could pardon himself.
The order heralded what is likely to be a free-for-all legal battle over how to handle the confidential documents at the center of the case without causing undue harm to national security.
That fight, much of which will take place in sealed filings and closed-door hearings, is likely to revolve around the Classified Information Procedures Act, which lays out ways to safely introduce classified material into public trials.
Legal arguments could also involve a different legal procedure known as the silent witness rule. The rule allows confidential information to be provided to a jury and other participants in a trial, but requires witnesses to refer to it on the stand only in general terms as “Country A” or “Diplomat B.”
To obtain a warrant, lawyers will need to complete a 136-page document known as an SF-86, according to a former high-ranking federal agent who once handled the process.
The document asks questions on topics such as foreign travel and finances. It could take as little as a month to get a warrant, the former agent said, if lawyers fill out the questionnaires quickly.
