In an unprecedented move, former President Donald Trump and his aide Walt Nauta have requested a delay in their upcoming trial over allegations of hoarding classified military documents. The defense team argues that the current trial schedule is untenable due to Trump's active presidential campaign for the 2024 election.
Trump and Nauta's legal representatives filed a court document on Monday, stating that a trial during a presidential election cycle would pose significant challenges in selecting an impartial jury. The defense team contends that the opposing candidates in the election are effectively adversaries in this legal action, which could compromise the defendants' ability to secure a fair trial.
The defense's request for a delay sets the stage for a significant test for U.S. District Court Judge Aileen Cannon, who is already considering special counsel Jack Smith's push for a December 2023 trial. Smith's team argues that a swift trial is in the public interest. However, the defense argues that December is too soon and urges Cannon not to set a trial date now.
The defense's position appears to advocate for a nearly year-long delay beyond what prosecutors are proposing, assuming Trump secures the Republican nomination. This strategy aligns with Trump's typical legal approach of prolonging matters in hopes of a changing legal landscape. However, this case is unique as it could result in a lengthy prison sentence for Trump if he's convicted, marking the first-ever prosecution of a former president.
The defense team also highlighted several potential conflicts and other proceedings that they say will make it "nearly impossible" to prepare for a trial for Trump and Nauta in the coming months. These include a civil trial set for October in New York involving an effort by New York Attorney General Letitia James to impose major restrictions on Trump and his businesses over alleged pervasive fraud.
In the late-night submission, defense attorneys did not address those scenarios, but pointed out a series of potential conflicts and other proceedings that they say will make it “nearly impossible” to prepare for a trial for Trump and Nauta in the coming months.
The defense team's request for a delay in the trial date came after a day of back-and-forth between Smith's team and lawyers for Nauta over the timing for the first substantive hearing in the case. The defense submission urging the judge not to set a trial date came after jockeying earlier in the day between Smith’s team and lawyers for Nauta over the timing for the first substantive hearing in the case.
The defense team's request for a delay in the trial date came after a day of back-and-forth between Smith's team and lawyers for Nauta over the timing for the first substantive hearing in the case. The defense submission urging the judge not to set a trial date came after jockeying earlier in the day between Smith’s team and lawyers for Nauta over the timing for the first substantive hearing in the case.
In the filing on trial timing, defense lawyers said they plan to try to insist that none of the evidence presented at Trump’s trial be kept from the public. The defense attorneys wrote, “The Defendants believe there should simply be no ‘secret’ evidence, nor any facts concealed from public view relative to the prosecution of a leading Presidential candidate by his political opponent.”