Topline
Attorneys for former President Donald Trump asked a federal court Wednesday to postpone his trial for allegedly mishandling classified documents for at least six months—until after the 2024 election—the latest effort by the former president to push back his federal trials as they rapidly approach early next year.
Former President Donald Trump speaks during an event at Mar-A-Lago on April 4 in West Palm Beach, … [+]
Key Facts
Trump’s attorneys filed a motion in the case asking the court to delay his trial, now set to begin May 20, 2024, until “at least mid-November.”
The attorneys cited Trump’s separate federal trial for his attempts to overturn the 2020 election, which is scheduled to start March 5, 2024, and claimed the schedule in that case “currently require[s]
President Trump and his lawyers to be in two places at once.”
The filing also cites concerns over discovery and examining classified documents that are part of the case, after U.S. District Judge Aileen Cannon ruled classified documents can only be viewed at a separate facility, rather than at Mar-A-Lago as Trump had requested.
The trial delay request is part of a broader effort by Trump and his attorneys to push back the two federal cases against him as they approach, and comes after his legal team has filed requests in both cases seeking to postpone deadlines and draw out the proceedings.
Prosecutors have opposed Trump’s efforts to prolong the proceedings, with the Justice Department arguing in a previous filing in the documents case that the Trump team’s requests for delayed deadlines are unwarranted and unnecessary, and his attorneys are making “meritless” claims and “overstat[ing]
the complexity of anticipated pre-trial discovery litigation.”
The request marks Trump’s second effort to push the trial back until after the election—as that would mean he could have the DOJ drop the charges against him if he’s reelected—which Cannon previously rebuffed when she set the May 2024 trial date.
What To Watch For
It’s unclear when the court could rule on Trump’s request to delay the case. Cannon, who’s overseeing the case, is a Trump appointee whom critics feared would be overly deferential to the former president in the case, though she did reject his previous effort to delay the proceedings.
Big Number
325. That’s the number of classified documents federal investigators have recovered from Mar-A-Lago as part of the investigation against Trump, part of more than 11,000 total White House documents that prosecutors found at his Mar-A-Lago estate. Of those, the government has charged Trump with willfully retaining 32 documents that contained national defense information, which violates federal law. (Trump has pleaded not guilty to the charges.)
Key Background
Prosecutors charged Trump with 40 federal felony charges in the documents case, which is one of four indictments against the former president. In addition to willfully retaining national defense information, Trump has also been charged with conspiracy to obstruct justice, making false statements and multiple counts related to withholding and concealing documents. He faces up to 450 years in prison if he were convicted on every charge and given the maximum sentence—which is unlikely—as well as up to $10 million in fines. Trump was indicted after prosecutors first started investigating him bringing classified documents back to Mar-A-Lago with him in February 2022, later subpoenaing the former president for all remaining classified documents at his Florida estate. Prosecutors had reason to believe Trump did not turn over all the documents, which resulted in them searching Mar-A-Lago that summer and recovering more than 100 additional materials with classified markings. The DOJ has alleged Trump obstructed the investigation against him by purposely concealing documents and not turning all of them over when subpoenaed, and aide Walter Nauta and Mar-A-Lago property manager Carlos de Oliveira have also been charged in the case as allegedly helping Trump hide the documents from prosecutors. Both have pleaded not guilty.
Further Reading
Trump Pushes for Delays in Federal Cases While 2024 Trials Loom (Bloomberg)
What Crimes Was Trump Charged With In Federal Documents Case? Here’s What To Know As DOJ Brings New Charges (Forbes)
Trump Classified Documents Trial Date Set For May–In Middle Of Campaign (Forbes)
Source: https://www.forbes.com/sites/alisondurkee/2023/10/05/trump-tries-to-delay-documents-trial-until-after-2024-election/