Lawyers representing former President Donald J. Trump have asked a federal judge to indefinitely delay his trial on charges of illegally retaining classified documents after leaving office. In a filing submitted just 30 minutes before the deadline, the lawyers argued that the trial should not begin until all “substantive motions” in the case have been decided. This request presents a significant early test for Judge Aileen M. Cannon, a Trump-appointed jurist overseeing the case.
If the trial is delayed, it could potentially push the proceedings into the final stages of the presidential campaign, with Mr. Trump as the Republican front-runner, or even past the 2024 election. This timing is crucial because, if Mr. Trump wins the presidency again, he could potentially pardon himself or have the matter dismissed by his attorney general.
The lawyers for Mr. Trump also noted the unprecedented complications that could arise if the trial coincides with him being a presidential candidate. They argued that a delay is necessary to ensure cautious deliberation and to safeguard democracy. They further emphasized the time and energy required for Mr. Trump’s campaign and the challenges it poses to trial preparation.
In response to the prosecutors’ request for a trial date of December 11, the defense team pitched their request as a means of allowing for a careful review of the procedures leading to the indictment. They argued that there is no exigency or urgency requiring a rapid adjudication and that there is no ongoing threat to national security interests or concern regarding continued criminal activity.
The defense also cited the extensive discovery evidence provided by the government, which includes over 833,450 pages of material and thousands of emails and documents. They suggested that the complex process of handling sensitive materials under the Classified Information Procedures Act would also require significant time.
Aside from the request for a delay, the filing served as a preview of Mr. Trump’s legal strategy. The lawyers hinted at challenging some of the charges by arguing that the Presidential Records Act permitted him to take documents from the White House. They also hinted at raising constitutional and statutory challenges to the special counsel’s authority and questioning the ability to seat an impartial jury during a presidential election.
Overall, this filing sets the stage for a contentious legal battle and raises important questions about the intersection of law and politics in Mr. Trump’s case. Judge Cannon’s decision on the request for a delay will be closely watched as it could have significant implications for the trial and the 2024 election.