2023-06-24 20:14:03
Special counsel Jack Smith has requested a postponement of the classified documents trial involving former President Donald Trump, proposing a new trial start date of December 11.
The request asks that the trial be delayed four months because classified information is involved. To handle this information, Trump’s lawyers need to obtain security clearances, and that process takes time.
Provisional security clearances are currently being processed, which should be granted within 48 hours after Trump’s lawyers submit the required forms. However, obtaining final authorization to access some specific classified documents can take between 45 and 60 days.
On Tuesday, District Judge Aileen Cannon set the trial date for August 14, meaning about seven weeks from now. Although defendants have the right to a speedy trial, there are situations in which the parties can ask for more time, as in this case.
To access most of the classified information relevant to the case, Trump’s lawyers need security clearances. Smith stated that she has spoken with Trump’s lawyers and they have not objected to the delay of the trial date. However, Trump’s legal team is expected to file its own motion expressing its concerns and objections to the dates suggested by the administration.
Smith’s motion noted that the government has promptly provided the defense with unclassified exhibits, including evidence obtained through subpoenas, court orders, transcripts of grand jury testimony, witness interviews, relevant documents, and closed-circuit recordings of television obtained during the investigation.
“Even with the prompt production that the government has mandated, the inclusion of additional time for defense counsel to review and digest the discovery, to make their own decisions about any production to the government, and for the government to review the same, is reasonable and appropriate,” the motion states (pdf).
Application for Classified Information Security Officer
The motion clarifies that the Classified Information Proceedings Act (CIPA) has implications for trial proceedings, as it introduces additional time requirements specific to cases involving classified information. Under CIPA, the parties may request a pretrial waiver to discuss any potential issues related to the prosecution of the case involving classified information.
Because the case against Trump contains classified defense material, Smith also filed a motion (pdf) requesting a pre-trial conference and the appointment of a Classified Information Security Officer. Under the motion, CIPA will determine how the court handles the discovery of classified information and establishes guidelines for determining the admissibility of such information at trial.
Smith’s motion stressed that going ahead with the trial as originally scheduled would not allow sufficient time for proper preparation, negatively impacting both defense and government interests.
Although the delay may affect Trump’s right to a speedy trial, Smith argued that the proposed extension better serves the interests of justice.
Cannon’s June 20 order setting the trial date specified that any request for an extension must include specific information, such as whether the reasons for granting the motion would trump Trump’s right to a speedy trial.
Motion to block Trump from contacting witnesses
Smith also filed another motion seeking approval to produce a confidential witness list, which has been shared with Trump’s legal team, specifying the people with whom Trump and his co-defendant, Walt Nauta, are prohibited from contacting.
During Trump’s June 13 arraignment, in which both he and Nauta pleaded not guilty, the court ordered Trump not to contact Nauta or any witnesses implicated in the case. Trump himself did not address the court, but his attorney, Todd Blanche, spoke on his behalf, declaring: “We most assuredly plead not guilty.”
During the process, Smith presented evidence indicating that Trump had allegedly violated federal law. Evidence suggested that he kept sensitive documents after his tenure, shared them with people who were not authorized to access such information, and obstructed the investigation by ordering Nauta to relocate crates at Mar-a-Lago instead of turning over all the material to the authorities.
Trump has maintained his innocence and frames the impeachment as a Justice Department weapon against him by his main 2024 presidential rival, President Joe Biden. Trump told a rally in Georgia that the Biden Administration’s actions “will rank among the most horrific abuses of power in the history of our country.”
Although jury selection for the trial was scheduled to begin on August 14, the process was expected to be delayed due to pretrial motions filed by Trump’s legal team.
Legal experts have suggested that the trial could drag on after the 2024 presidential election.
With information from Zachary Stieber.
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