Former President Donald Trump and special counsel Jack Smith are set to argue in closed-door hearings in Fort Pierce, Florida, regarding the use of classified evidence in the federal case against Trump. The former president is facing 40 counts, including the unlawful retention of national defense information, as well as obstruction of the federal probe. Trump's defense attorneys, along with the attorneys for his co-defendants, aide Walt Nauta and Mar-a-Lago employee Carlos de Oliveira, will present classified information to Judge Aileen Canon. However, Nauta and de Oliveira are not allowed to attend the sealed hearing due to their lack of necessary clearances.

Closed-door hearings under the Classified Information Procedures Act (CIPA) are common in cases dealing with classified information. These hearings allow both defense attorneys and prosecutors to discuss sensitive evidence that may be vital to their case at trial. The defense attorneys and prosecutors will present their theories for trial and explain how the classified information could be relevant or helpful to the defense. The special counsel's team will also have an opportunity to respond and address other sensitive issues.

There has been ongoing contention between Smith, Cannon, and the defense over CIPA and non-CIPA matters. One of the key issues is whether Nauta and de Oliveira should be permitted to view thousands of classified records. Their attorneys argue that the defendants themselves should have access, while the Justice Department argues that the evidence is too sensitive. Last week, Cannon ruled against Smith's team and permitted Trump and his co-defendants to file public motions in court that may contain protected information, including witness identities and testimony. The special counsel expressed concerns about the safety of witnesses and urged the judge to reconsider.

The hearing comes as prosecutors accuse Trump and his co-defendants of using delaying tactics to postpone the trial. They argue that the defense has been deploying "relentless and misleading" tactics as part of an "unceasing effort" to delay the case. The prosecution is concerned that public disclosure in court filings could expose witnesses to threats, intimidation, and harassment.

Cannon has set a May trial date for the classified documents trial, and a March hearing will determine if the case will proceed as scheduled. Trump's lawyers have made several voluntary court appearances in recent weeks, demonstrating his intent to fight the four criminal prosecutions he faces while also seeking to reclaim the White House in the upcoming election.

In addition, Trump is reportedly planning to attend the hearing in person. The hearing will take place in a secure room known as a Sensitive Compartmented Information Facility (SCIF) at the federal courthouse in Fort Pierce. Defense attorneys will present arguments on how classified information could be relevant or helpful to the defense, while Nauta and de Oliveira will not be in attendance due to their lack of security clearance. Special counsel Jack Smith will argue for keeping classified information secret, citing concerns about the safety of witnesses.

The Department of Justice was previously ordered to release unredacted documents in the case at the request of Trump and media organizations. However, Smith has filed a motion asking the judge to reconsider, stating that revealing the identities of potential witnesses could put them at risk. Trump has been indicted for allegedly hoarding classified documents at his Mar-a-Lago property and obstructing government efforts to retrieve them. He has pleaded not guilty to all charges, claiming they are politically motivated. The trial is currently scheduled for May 20 but may be delayed.