Special counsel Jack Smith wants Donald Trump’s classified documents and obstruction trial to start in December, rather than the August date initially set by Judge Aileen Cannon. But even if that request seems like pushing the case back at first glance, it’s still in keeping with Smith’s efficient approach thus far.
I cautioned last week against reading too much into Cannon setting that August date. The date was set by function of the Speedy Trial Act, which calls for trials to commence within 70 days of the filing of the indictment. Trump was arraigned on the federal indictment in Florida earlier this month and pleaded not guilty to violating the Espionage Act and other laws alleging he schemed to cover up his retention of national defense information.
But normal trials typically don’t begin that quickly — and this isn’t a normal trial, given both the defendant and the classified evidence at issue, which requires additional pretrial litigation. Smith’s motion to Cannon on Friday emphasized that latter fact.
Though the special counsel maintained that the case isn’t unusual or complex in its own right, he stressed that the additional protocols and litigation surrounding the classified material Trump is charged with hoarding require more time to address pretrial than would otherwise be needed.
So even if it technically reads like a delay, Smith’s December request is anything but. Indeed, December would be a relatively quick turnaround, and I wouldn’t be surprised if the trial doesn’t start this year.
Trump, of course, isn’t opposed to pushing things back, as he tries to achieve an electoral victory that could scuttle this very case. If he gains control over the government that’s prosecuting him, you can expect the federal prosecution against him to evaporate.
How Cannon deals with Smith’s request could give a sense of whether she’ll try to help Trump win by delay.
Subscribe to the Deadline: Legal Blog newsletter for weekly updates on the top legal stories, including news from the Supreme Court, the Donald Trump investigations and more.
