There is "no reason" to grant former President Donald Trump's request to delay his trial in the Mar-a-Lago documents case until after the 2024 election, Special Counsel Jack Smith argued in a court filing Monday.
"The defendants provide no credible justification to postpone a trial that is still seven months away," prosecutors in Smith's office wrote in the 13-page response to a court filing last week by Trump's attorneys seeking the postponement, which was joined by his co-defendants Walt Nauta and Carlos de Oliveira.
Currently, the trial in Fort Pierce, Fla., before Judge Cannon is scheduled to begin in May 2024.
In their filing last week, Trump's attorneys attorneys cited "ongoing" issues over classified evidence that are being litigated with prosecutors and said there were conflicts with the former president and 2024 GOP frontrunner's scheduled trial schedule in Washington, D.C. on separate federal felony charges.
"The March 4, 2023 trial date in the District of Columbia, and the underlying schedule in that case, currently require President Trump and his lawyers to be in two places at once," his attorneys said in the filing requesting U.S. District Court Judge Aileen Cannon change their trial date.
Jack Smith and Donald Trump Alex Wong/Getty Images; Brandon Bell/Getty Images
In their reply Monday, prosecutors in Smith's office said claims by Trump's attorneys about the inability to review classified records at issue in the case are "distorted and exaggerated."
Prosecutors wrote that lawyers for the defendants have "had access to considerable classified discovery" except for "a small portion" that is subject to issues related to storage, discussion and review.
"The defendants make numerous allegations regarding their access to classified discovery arising from the status of secure facilities, their clearances, and other considerations," prosecutors wrote. "Most of the allegations are inaccurate and incomplete; collectively they are misleading."
The filing from prosecutors includes a discussion of "sensitive measures documents" — the most sensitive documents which Trump is accused of unlawfully retaining after leaving the White House — and the steps have been taken to allow defense attorneys to review those records.
"To be sure, the extreme sensitivity of the special measures documents that Trump illegally retained at Mar-a-Lago presents logistical issues unique to the case," prosecutors wrote.
However, prosecutors in Smith's office fired back at claims by the defense that they had failed to make basic arrangements for defense attorneys to review those records.
In addition to making a secure facility available in Washington, D.C. for the defense to review the sensitive records, a facility in Miramar, Fla. — a city about 70 miles south of Palm Beach — has also been made available for Trump or his attorneys to review the documents.
The Special Counsel's Office "is not aware of any request by Trump to personally appear in Miramar to inspect any documents," prosecutors wrote. "And whatever delay there has been to date in Trump's personal review of the classified materials, the seven months that remain before trial is more than ample time for him to do so."
Trump was indicted in June for alleged willful retention of sensitive national security information at his Mar-a-Lago resort. After a superseding indictment in late July related to alleged obstruction efforts, Trump is now facing 40 felony counts in the case. He has pleaded not guilty to all charges in the Florida and Washington, D.C. cases.
JubalHarshaw23 on October 9th, 2023 at 16:38 UTC »
Trump's lead Attorney Aileen Cannon: "This trial needs to be delayed until the Messiah Trump has pardoned himself".
twesterm on October 9th, 2023 at 16:07 UTC »
"But judge I committed too much crime" is a helluva defense.
Travelerdude on October 9th, 2023 at 15:26 UTC »
Other than perhaps the fact that Judge Cannon is completely out of her depth on this one but unwilling to recuse herself because of her allegiance to the Don.