Former President Donald Trump on the 4th hole at Trump International Golf Links & Hotel in Doonbeg, Co. Clare, during his visit to Ireland. (Press Association via AP Images)
Donald Trump has asked a federal judge who has previously shown an inclination to (erroneously) rule in his favor to delay his criminal trial over possessing classified documents indefinitely.
The former president, who is facing a 37-count indictment for allegedly keeping classified and national defense information in various parts of the Mar-a-Lago resort that also serves as his residence, has asked U.S. District Judge Aileen Cannon to withdraw her own June 20 scheduling order and “postpone initial consideration of any rescheduled trial date until after substantive motions have been presented and adjudicated.”
Trump’s trial is currently set for Aug. 14, with all pretrial motions due to be filed by July 24. While those dates are likely to be delayed, Trump has asked that no further dates be set at this time.
“[B]ased on the extraordinary nature of this action, there is most assuredly no reason for any expedited trial, and the ends of justice are best served by a continuance,” the motion says.
The motion expresses confidence that the issues raised by the “intersection between the Presidential Records Act and the various criminal statutes at issue” will “result in a dismissal of the indictment,” and adds that other legal issues in the case will require “significant time for review and assimilation.”
Another reason a delay is necessary: the 2024 presidential election.
“President Trump is running for President of the United States and is currently the likely Republican Party nominee,” Trump’s motion says. “This undertaking requires a tremendous amount of time and energy, and that effort will continue until the election on November 5, 2024.”
Trump’s co-defendant and so-called “body man” Waltine Nauta will be similarly indisposed, the motion says.
“Mr. Nauta’s job requires him to accompany President Trump during most campaign trips around the country,” the motion says. “This schedule makes trial preparation with both of the Defendants challenging. Such preparation requires significant planning and time, making the current schedule untenable and counseling in favor of a continuance.”
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The motion also says that getting an impartial jury will be next to impossible.
“Proceeding to trial during the pendency of a Presidential election cycle wherein opposing candidates are effectively (if not literally) directly adverse to one another in this action will create extraordinary challenges in the jury selection process and limit the Defendants’ ability to secure a fair and impartial adjudication,” the motion says.
Lawyers for Trump also note that the former president’s current trial schedule will make it difficult to defend against the Mar-a-Lago charges.
“[P]reviously scheduled trials in other matters for both President Trump and defense counsel make it nearly impossible to prepare for this trial by December 2023,” the motion says. “For example, President Trump and Mr. Blanche are preparing for a March 2024 criminal trial in New York Supreme Court; Mr. Kise and President Trump are preparing for a lengthy civil trial in New York Supreme Court commencing October 2, 2023.”
Nauta’s lawyer, Stanley Woodward, also has a busy trial schedule, the motion argues; indeed, he is defending Trump economic adviser Peter Navarro against contempt of Congress charges in September and a high-profile accused Jan. 6 rioter in October.
The motion also says that the Trump defense team’s ability to review documents will be further delayed because of the time it will take to receive proper security clearances.
Read Trump’s motion, below.
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