Judge Aileen Cannon of the U.S. District in Southern Florida, a Trump appointee, declined on Friday to postpone the former President’s classified documents trial for now—though she said she would revise the issue in several months.

Trump attorneys submitted a filing in early October asking Cannon to adjourn the trial date “until at least mid-November 2024,” citing “ongoing discovery failures by the Special Counsel’s Office.”

Election Day next year is November 5.

Judge Cannon has set a May 20 trial date in the case, in which Trump is facing a total of 40 criminal counts related to his handling of classified documents post-Presidency, including 31 counts for willful retention of national defense secrets in violation of the Espionage Act as well as obstruction and other charges. 

It’s one of four ongoing prosecutions of the former President, who altogether faces a total of 91 criminal counts at both the state—New York and Georgia—and federal levels.

On September 28, Special Counsel Jack Smith filed his own motion to prevent Trump’s attorneys from appending the schedule of the classified documents case.

In a 9-page decision, Judge Cannon on Friday maintained the May trial date she had scheduled this past summer, but added that she would reconsider the matter at a conference set for March 1, after proceedings to determine how classified information will be used in the case.

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