Prosecutors Seek to Delay Trump Documents Trial Until December

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Jack Smith, the special counsel, has asked a federal judge to move back the start of the trial of former President Donald J. Trump and his co-defendant, Walt Nauta, in the classified documents case from August to December 11, according to in a Justice Department filing made public late Friday.

The Justice Department’s proposal still calls for a relatively quick timetable; Judge Aileen M. Cannons’ earlier ruling had set the first trial date for Aug. 14, but it was deemed an administrative placeholder, with both sides expecting significant procedural delays.

In their filing, prosecutors said more time would be needed to obtain security clearances for defense lawyers and deal with procedures around classified evidence. It will also give defense attorneys more time to review the volume of materials prosecutors have given them, the filing said.

Mr. argued. Smith and his team contend that the trial should still be fast-tracked despite its enormous political implications, because it involves straightforward theories of liability, and presents no new questions of fact or law, and nor is it particularly unusual or complicated from a legal perspective.

The group of Mr. Smith also gave defense attorneys its first estimate of the number of 84 witnesses who could be called to testify. The judge presiding over the preliminary hearing of Mr. Trump has asked the list to impose restrictions against the former president discussing the case with them, to prevent witness tampering.

Prosecutors have asked that the names be kept sealed, warning that the tally does not include all the witnesses the government may call at trial, and said the defense reserves the right to challenge those on the list.

The special counsel also passed a set of mandatory procedures under the Classified Information Procedures Act that would give lawyers for Mr. Trump and Mr. Nauta, Mr. Trumps valet and personal aide, access to classified evidence government plans to show at trial . The classified documents are an important part of the case against Mr. Trump, where he faces charges of endangering national defense secrets and obstructing his retention of material after he left the White House and his refusal to return it.

The defense may not share the urgency of the prosecutions, and prosecutors said in their filing that defense attorneys planned to challenge the special counsel’s timeline. The strategy of Mr. Trump on legal matters has long been delayed. If a test goes beyond the 2024 election and Mr. Trump in the race, he could, in theory, try to pardon himself, or he could direct his attorney general to drop the charges and dismiss the case.

The extent of the two sides’ squabbling over scheduling and procedure poses an early test for Judge Cannon, a relatively new juror appointed by Mr. Trump in 2020. He botched the investigation of the documents last year. in some decisions favorable to the former president before a conservative. an appeals court overruled him, saying he had no legal authority to intervene.

The confrontation comes before the formal arraignment in Miami federal court of Mr. Nauta, scheduled for Tuesday. He will not be formally arraigned before Mr. Trump on June 13 because his Washington-based lawyer has not yet been granted standing by the court.

Earlier this week, the government began turning over unclassified discovery materials to the defense, including documents obtained through warrants and subpoenas, transcripts of grand jury testimony and witness interviews, and copies of closed-circuit television footage obtained by the government during its investigation, according to the filing.

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