(Photo by Spencer Weiner-Pool/Getty Images)
OAN Roy Francis
7:57 AM – Tuesday, July 11, 2023
Lawyers for 45th President Donald Trump requested an indefinite delay to the criminal trial over his alleged mishandling of classified documents until after the 2024 presidential election.
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BREAKING: About 30 minutes before deadline last night, lawyers for @realDonaldTrump requested classified documents’ trial delay, urging all ‘substantive motions’ to be resolved prior to proceedings. Judge Cannon, a Trump-appointed jurist, now faces a crucial test. If granted,… pic.twitter.com/xRqNyBhrNU
— Simon Ateba (@simonateba) July 11, 2023
The lawyers filed their request in a federal court in Miami late on Monday, arguing that “to begin a trial of this magnitude within six months of indictment is unreasonable, telling, and would result in a miscarriage of justice.”
United States District Judge Aileen Cannon had set the trial date for August 14, however prosecutors from special counsel Jack Smith’s team had requested the trial be delayed until December 11 due to President Trump’s lawyers’ requirement to get security clearance before they can view the documents attached to the case.
NEW: Trump’s lawyers filed first major motion last night, ask court to delay setting a trial date for numerous reasons. Judge Cannon set August date; Jack Smith sought delay until Dec 2023.
Team Trump: pic.twitter.com/pH4dy9smeh
— Julie Kelly 🇺🇸 (@julie_kelly2) July 11, 2023
Special counsel Jack Smith also said that the trial would take no more than three weeks. Trump’s lawyers, however, said that that schedule is “simply untenable and ignores the magnitude of this case.” They also argued that they need more time to prepare for the trial and that “there is no ongoing threat to national security interests nor any concern regarding continued criminal activity.”
The team of lawyers representing Trump, led by Christopher Kise, argued that the evidence that needs to be reviewed in the case is already very sizeable, with more expected to be presented. The team of lawyers argued that due to the amount of evidence that needs to be reviewed, and that Trump and his personal valet, Walt Nauta, are busy with the presidential campaign is sufficient reason to delay the trial date.
They also argued that if the trial was to take place in December, then it would impact both the election result, and the ability to gain a fair trial.
“Here, there is simply no question any trial of this action during the pendency of the Presidential election will impact both the outcome of that election and, importantly, the ability of the Defendants to obtain a fair trial,” the lawyers wrote. “The Government’s request to begin a trial of this magnitude within six months of indictment is unreasonable, telling and would result in a miscarriage of justice.”
The lawyers also used the filing to hint at the next steps that they would take. Those steps include a likely motion to dismiss the case altogether, challenges to the special counsel’s authority, and probing the documents that the case revolves around to determine whether they had been properly classified.
The decision comes down to U.S. District Judge Aileen Cannon on whether the case will be postponed or not. The lawyers are expecting an answer by Monday.
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