Special Guidance Jack Smith’s crew took a sledgehammer to ex-President Donald Trump’s movement to delay his trial indefinitely with a blistering filing.
Almost a yr in the past now, the FBI raid on Trump’s Mar-a-Lago motel dwelling kicked off a circulate of invective and threats towards the FBI and eventually ended in Trump’s arrest and arraignment on 37 counts related to violations of the Espionage Act.
Trump’s attorneys have now requested Decide Aileen Cannon — a Trump appointee — to prolong the trial indefinitely, and on Thursday, the Justice Department answered in scathing type.
Right out of the gate, the filing says Cannon “should now not even consider” a lengthen at this point:
The United States information this reply in enhance of its Motion for Continuance and Proposed Revised Scheduling Order (ECF No. 34, “Mot.”). In their response in opposition to the Motion (ECF No. sixty six, “Resp.”), Defendants Trump and Nauta claim unequivocally that they cannot receive a good trial previous to the conclusion of the next presidential election, urge the Court docket to withdraw the current scheduling Order (ECF No. 28), and request that the Courtroom no longer even consider a brand new trial date until some unspecified later time. Resp. at 9, 10. There is no basis in law or truth for proceeding in such an indeterminate and open-ended type, and the Defendants provide none. For the reasons mentioned below and within the Govt’s Movement, the Court docket will have to reset the trial date on this action for December 11, 2023.
The filing goes on to knock down Trump’s reasons for delay level via point, like their assertions about selecting a jury:
Defendants’ claim that this Court docket might no longer choose an unbiased jury until after the presidential election does not justify further prolong right here. Resp. at 9. First and most importantly, there is no reason to credit the declare. Our jury gadget relies on the Courtroom’s authority to craft a radical and efficient jury selection course of, and on potential jurors’ potential and willingness to come to a decision instances based on the evidence introduced to them, guided by legal instructions from the Court. To make certain, the Government without problems acknowledges that jury choice right here could merit additional protocols (similar to a questionnaire) and may be extra time-consuming than in other cases, however these are causes to start out the method quicker rather than later.
Trump advisers have admitted to Maggie Haberman in personal that delaying the trial until after the election signifies that if Trump wins, he could make the case towards him “go away.”
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