US federal prosecutors on Thursday urged the judge overseeing former President Donald Trump’s criminal classified documents retention case to reject Trump’s bid to postpone the case indefinitely. The government filed its motion in response to Trump’s Monday motion to delay the trial. As of the time of this article, Judge Aileen Cannon has not issued any ruling on the matter.
In the motion filed on Monday, Trump’s legal counsel argued “a measured consideration and timeline that allows for a careful and complete review of the procedures that led to this indictment and the unprecedented legal issues presented herein best serves the interests of the Defendants and the public.” As of now, based on a request from the government in compliance with the Speedy Trial Act, the trial is expected to begin as soon as December 11, despite an order indicating it is scheduled for August 15. However, Trump and his co-defendant and former aide Waltine Nauta have asked the court to indefinitely delay a trial date in the case.
In support of their request, Trump’s legal counsel cited the fact that the country has never faced a criminal case involving the Presidential Records Act and a former president, let alone a former president in the midst of a reelection campaign. Additionally, since the case involves classified documents, Trump’s legal counsel must obtain “arduous” security clearances to process evidence and prepare a defense for their client.
Discovery in the case is also extensive, with an initial round of discovery spanning some 833,450 pages of records and an additional 122,650 emails. On top of that, there is CCTV footage still being processed for review. Trump’s legal counsel voiced concern over managing to review such a large volume of evidence, especially considering its sensitive nature.
In response to Trump’s motion, however, federal prosecutors insisted “[t]here is no basis in law or fact for proceeding in such an indeterminate and open-ended fashion.” The government’s Thursday motion goes on to refute every reason Trump’s legal counsel provided as justification for a delay.
Regarding Trump’s argument about the Presidential Records Act, federal prosecutors said that the issue is “hardly an issue of first impression.” While the act is involved, the criminal charges against Trump do not fall under that statute but under well-defined criminal statutes that are frequently employed in similar classified document leak cases. Federal prosecutors argued Trump’s legal counsel “should not be permitted to gesture at a baseless legal argument, call it ‘novel,’ and then claim that the Court will require an indefinite continuance in order to resolve it.”
Federal prosecutors’ Thursday response also refuted Trump’s concerns over the volume of evidence involved in the case, stating the proposed December trial date is “entirely consistent” with the pace of discovery. Prosecutors outlined how they organized discovery and identified “key” documents—which number only 4,500 out of the over 800,000 pages Trump’s legal counsel has received thus far—and CCTV footage for the defense.
Cannon will ultimately have the final say on setting the trial date. As of the time of this article, she has not issued a ruling.
Trump is charged with and has pleaded not guilty to 37 criminal counts, including the willful retention of national defense information and conspiracy to obstruct justice. He is charged alongside Nauta, who also faces and has pleaded not guilty to six criminal charges. The next date scheduled for both counsels to appear is on July 18 for a pre-trial conference before Cannon at a federal courthouse in Florida. There, both parties are expected to discuss the use of classified evidence in the case.