The Justice Department has requested a Florida federal judge to dismiss former President Donald Trump’s request for an indefinite delay in his federal criminal case regarding his handling of sensitive government records. Special counsel Jack Smith argues in his filing that there is no legal or factual basis for proceeding in such an open-ended manner. In response to Trump’s claim that having a trial during the 2024 presidential election would jeopardize fair jury selection, prosecutors assert that there is no reason to believe this and emphasize the need to start the process sooner rather than later. Despite Judge Aileen Cannon setting a trial date for August 14th, prosecutors have asked for a postponement until December. Trump’s legal team argues against both timelines but does not suggest an alternative start date.
Defense attorneys accuse the government of trying to expedite Trump’s trial, though it was Judge Cannon who initially set the trial date. Smith clarifies that a speedy trial is a constitutional requirement, not a preference of the government. The law states that any deviation from the 70-day benchmark for a speedy trial must be justified. In their filing, the government also requests for jury selection to proceed on December 11th, 2023.
Trump’s attorneys argue for a delay based on the volume of discovery provided by the government, including 428,300 records and nine months’ worth of CCTV footage. However, Smith counters that the set of “key” documents is only about 4,500 pages, and the allegation of nine months of CCTV footage is misleading. The government obtained footage from selected cameras and dates, rather than continuous recording.
Trump’s attorneys also cite complexities created by the Classified Information Procedures Act (CIPA) under which he is charged, claiming a lack of defense counsel with security clearances to review classified information. However, Smith reveals that if the defense counsel had obtained security clearances, the government would have made the first set of classified information available on July 10th. Only two counsel members have completed the necessary forms to receive interim clearance by the court’s deadline.
Smith discloses that some classified materials and witness statements containing classified information will be sent to a sensitive compartmented information facility (SCIF) in Miami for review by defense attorneys with clearance. Once the defense counsel has final clearances, the remaining Mar-a-Lago documents will also be provided at the Miami SCIF.
Trump has pleaded not guilty to the 37 counts related to his alleged mishandling of sensitive government records.
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