Special counsel asserts flaws in Trump’s 2026 election bid trial case

Special counsel Jack Smith addressed the media at the US Department of Justice building in Washington, DC, on August 1, 2023.

Saul Loeb | AFP | Getty Images

In a filing on Monday, special counsel Jack Smith argued against delaying Donald Trump’s federal election interference trial until spring 2026, as requested by the former president.

Smith stated that setting a trial more than two-and-a-half years away would infringe upon the public’s right to a speedy trial, emphasizing the importance of a timely resolution.

Furthermore, Smith criticized Trump’s filing for using misleading statistics and misrepresenting the challenges associated with reviewing the evidentiary materials. Instead, Smith had previously proposed a trial start date of January 2.

Last week, Trump’s attorneys suggested an April 2026 trial date, citing the need for sufficient time to review the complex discovery materials. They even included a graphic illustrating the massive volume of materials to be reviewed.

A court filing from former President Donald Trump’s legal team proposing an April 2026 trial start date for the federal election interference trial.

Source: Fulton County Courthouse

In response, Smith criticized the comparisons made in Trump’s filing, highlighting their lack of relevance to the issue at hand: preparing for trial.

Smith emphasized that it is not necessary for attorneys to conduct a page-by-page review of discovery materials for a fair trial. He argued that the benefits of electronic review can significantly reduce the volume of material that needs to be manually reviewed, thus speeding up the process.

Former President Donald Trump, who is also a 2024 presidential hopeful, practicing golf ahead of the LIV Golf Invitational series tournament at Trump National Golf Club Bedminster in Bedminster, New Jersey, on August 9, 2023.

Timothy A. Clary | AFP | Getty Images

Smith refuted the notion that sifting through millions of pages of materials would be a time-consuming task, stating that the abundance of caution in providing those materials should not unduly delay the trial.

The special counsel also mentioned that federal prosecutors have already provided the defense with a set of key documents believed to be crucial for the case.

The federal election interference trial accuses Trump of illegally conspiring to overturn his loss to President Joe Biden in the 2020 election. The case centers primarily on the events of the January 6, 2021, Capitol attack instigated by Trump’s supporters.

This case is one of two federal indictments against Trump led by Jack Smith, and Trump also faces charges in Georgia and Manhattan related to election interference and hush money payments, respectively.

Trump has pleaded not guilty in all these cases and has a deadline to surrender in Georgia by Friday.

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