Attorneys for special counsel Jack Smith and Donald Trump proposed new trial dates Thursday for the former president’s criminal trial on charges that he mishandled classified documents and national security secrets.
Federal prosecutors proposed a July 8 start date, while attorneys for Trump suggested he stand trial on Aug. 12. Trump’s proposed date was a surprise because he and his attorneys have maintained that the trial should be held after the presidential election in November.
U.S. District Judge Aileen Cannon, a Trump appointee, had asked both sides to propose a schedule ahead of a hearing on the issue in Fort Pierce, Fla., on Friday. The case was initially scheduled to go to trial in May, but it’s been expected that the original start date would be pushed back because of a number of outstanding legal issues that have yet to be decided by the court.
If the judge were to agree to Trump’s proposed date, that timing could potentially conflict with Fulton County District Attorney Fani Willis’ trial plans for the Trump election interference case in Georgia. Her office is seeking an August trial date, though no trial date has been set.
In their filing Thursday, Trump’s attorneys said the schedule they laid out was out of respect to Cannon’s request for a proposal from each side, but they made clear that the they believe the trial should be pushed back even further.
“As the leading candidate in the 2024 election, President Trump strongly asserts that a fair trial cannot be conducted this year in a manner consistent with the Constitution,” his attorneys wrote, adding that there are some issues Trump wants dealt with sooner rather than later.
“President Trump seeks to timely vindicate important rights through these proceedings, including his motions to dismiss pursuant to the Presidential Records Act, presidential immunity, and based on selective and vindictive prosecution—for which significant disclosures and fact-finding will be necessary,” the filing said.
His attorneys also contended that the Supreme Court’s plans to hear and decide Trump’s presidential immunity claims in the federal election interference case could “provide guidance as Your Honor evaluates President Trump’s motion to dismiss the case based on presidential immunity. President Trump respectfully submits that all of these considerations are relevant as the Court considers proposed schedules for the remainder of this unlawful case.”
The court fight over the immunity claims has already delayed the federal election case, which had been set to begin on March 4. The case is now on hold until the Supreme Court rules on the immunity dispute, and it said this week it won’t hear arguments until the week of April 22.
The Georgia election case could wind up being delayed as well. There are arguments scheduled for Friday afternoon on whether Willis should be disqualified from the case because of an alleged conflict of interest involving the special prosecutor she appointed to the case.
That leaves just one of the four impending Trump criminal trials with a firm start date — the Manhattan District Attorney’s case alleging Trump falsified business records in order to cover up hush money payments. That’s scheduled to go to trial on March 25. Trump has pleaded not guilty in that case and denied any wrongdoing.
Trump was indicted in the documents case in June, on charges that he misled federal investigators in order to hold on to sensitive materials that he knew were still classified after he left the White House. He was later hit with additional charges for allegedly trying to obstruct the investigation.
Trump and his two co-defendants, Walt Nauta and Carlos De Oliveira, have pleaded not guilty to all charges.
