Jack Smith, the special counsel, has submitted a request to a federal judge to delay the start of the trial involving former President Donald J. Trump and his co-defendant, Walt Nauta, in a case involving classified documents. The request, which was disclosed in a Justice Department filing released on Friday, suggests moving the trial from August to December 11.
While the Justice Department’s proposal aims to maintain a relatively swift timetable, the initial trial date of August 14 was primarily a placeholder, as both sides anticipated procedural delays. In their filing, prosecutors stated that the extension is necessary to acquire security clearances for defense attorneys, handle procedures related to classified evidence, and allow more time for the defense to review the extensive amount of materials provided by prosecutors.
Despite the trial’s significant political implications, Mr. Smith and his team contend in the filing that it should still be expedited. They argue that the case involves straightforward legal theories and does not introduce novel questions of fact or law. From a legal perspective, it is neither remarkably unusual nor complex.
In addition, Mr. Smith’s team has provided an estimate of 84 potential witnesses that may be called to testify. The judge presiding over Mr. Trump’s initial hearing requested this list to impose a restriction preventing the former president from discussing the case with them to avoid witness tampering. The names of the witnesses have been kept under seal, and prosecutors have cautioned that the list may not encompass all the witnesses the government might call at trial. The defense reserves the right to challenge the inclusion of individuals on the list.
Moreover, the special counsel has initiated mandated procedures under the Classified Information Procedures Act. These procedures grant lawyers for Mr. Trump and Mr. Nauta, Trump’s valet and personal aide, access to classified evidence that the government intends to present at trial. The classified documents are a crucial element of the case, as they form the basis for charges against Mr. Trump related to the endangerment of national defense secrets and obstruction, stemming from his possession of the material after leaving the White House and his refusal to return it.
While the prosecution emphasizes the urgency of the timeline, the defense may take a different stance. Prosecutors revealed in their filing that defense attorneys are expected to object to the special counsel’s proposed schedule. Mr. Trump has long employed delaying tactics in legal matters. If the trial extends beyond the 2024 election and Mr. Trump is reelected, he could potentially attempt to pardon himself or direct his attorney general to dismiss the charges, effectively eliminating the case.
The clash between the two sides regarding scheduling and procedures presents an early challenge for Judge Cannon. She is a relatively inexperienced jurist appointed by Mr. Trump in 2020 and made several rulings favorable to the former president in the documents investigation. However, a conservative appeals court overturned her decisions, stating that she lacked legal authority to intervene.
The filing arrives just before the formal arraignment of Mr. Nauta, scheduled to take place in Miami federal court on Tuesday. Mr. Nauta was unable to be arraigned alongside Mr. Trump on June 13 because his Washington-based attorney had not yet received standing from the court.
Earlier this week, the government began providing unclassified discovery materials to the defense. These materials include documents obtained through warrants and subpoenas, transcripts of grand jury testimony and witness interviews, and copies of closed-circuit television footage obtained during the investigation, according to the filing.
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