Special counsel opposes Trump’s effort to delay classified docs trial until after 2024 election

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Special counsel Jack Smith is opposing former President Donald Trump’s request to delay the trial over alleged mishandling of documents until after the 2024 election.

In a court filing Thursday, the special counsel’s legal team rejected the defendants’ argument that a fair trial could not be held before the presidential election. Prosecutors cited the Speedy Trial Act of 1974, which says judicial officials must set trials “at the earliest practicable time,” with allowances only for limited delays in limited circumstances.

“The Defendants rebuked the Government for seeking an ‘expedited’ trial but in doing so put it behind them,” wrote assistant special counsel David Harbach. “A speedy trial is a fundamental requirement of the Constitution and Code of the United States, not a desire of the Government to be justified.”

Attorneys for Trump and co-defendant Walt Nauta said in a filing this week that starting with the trial in December the timeline requested by the special counsel would be unreasonable, they say, and … would result in a miscarriage of justice.

Harbach disputed that description Thursday, writing: There is no basis in law or fact for proceeding in such an uncertain and open-ended manner, and Defendants provide none.”

He instead urged US District Judge Aileen Cannon, a Trump appointee, to set the trial date for December.

Prosecutors from Smith’s office asked last month to delay Trump’s criminal trial until Dec. 11. Cannon had an initial trial date set for Aug. 14.

Trump was indicted last month on seven criminal charges alleging he mishandled more than 100 classified documents discovered last year at his Mar-a-Lago resort in Florida.

He faces 37 counts related to allegations that he willfully withheld national defense information, conspired to obstruct justice and made false statements. Both Trump and Nauta have pleaded not guilty.

A Trump spokesman responded to the special counsel’s filing by accusing Smith, the Justice Department and the FBI of meddling in the election.

He said the case “should never go to trial” and should be dismissed based on the Presidential Records Act and other charges, which Trump and his lawyers have presented as key to their defense.

The special counsel’s office argued Thursday that such a defense would border on frivolity and would unnecessarily delay court proceedings.

Regarding the effect of the Presidential Records Act on this prosecution, any argument that would order the dismissal of the Indictment or form a defense to the charges here is borderline futile, Harbach wrote, adding that the Presidential Records Acts is not a criminal law, and is in no way intended to address the retention of national security information.

Of course, Defendants are free to make whatever arguments they want for dismissal of the Indictment, and the Government will respond promptly, Harbach wrote. But they should not be allowed to gesture at a baseless legal argument, call it novel, and then claim that the Court will require an indefinite continuance to resolve it.

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