Donald Trump's legal team has requested that his classified documents trial be pushed back until after the 2024 election, citing concerns about selecting an impartial jury.
In court filings on Monday, lawyers for the former president said "significant matters" need to be addressed before a trial date is set, including preparing for the "unprecedented" case and claims that the timing of the legal proceedings may affect the outcome of the next election.
Trump, who has pleaded not guilty to 37 federal offenses as part of the classified documents case, is currently the frontrunner to become the Republican candidate at the next election. If he were to win the election, he would be immune from prosecution as president, although he could still be removed from office if he were impeached.
U.S. District Court Judge Aileen Cannon had originally set the trial to begin next month, but federal prosecutors argued that the former president's legal team would need more time in order to obtain security clearance to view the classified documents and they requested that proceedings should begin in December 2023.
In the filings, Trump lawyer Chris Kise requested a further delay until after the election in November 2024, as the Republican is currently on a White House bid that will require a "tremendous amount of time and energy."
His attorneys also argued that Walt Nauta, a Mar-a-Lago valet driver and Trump aide who has pleaded not guilty to allegations he helped obstruct the federal attempt to retrieve the classified documents, will be needed to join the former president on the campaign trail.
"This schedule makes trial preparation with both of the Defendants challenging. Such preparation requires significant planning and time, making the current schedule untenable and counseling in favor of a continuance," Kise wrote.
"Furthermore, careful consideration will need to be given to the ability to seat an impartial jury under the current circumstances. Proceeding to trial during the pendency of a Presidential election cycle wherein opposing candidates are effectively (if not literally) directly adverse to one another in this action will create extraordinary challenges in the jury selection process and limit the Defendants' ability to secure a fair and impartial adjudication."
The lawyers noted that the the Department of Justice has a policy not to make any prosecutorial decisions in a 60-day period prior to any election in order to avoid influencing the outcome, and therefore "there is simply no question any trial of this action during the pendency of a Presidential election will impact both the outcome of that election and, importantly, the ability of the Defendants to obtain a fair trial."
The lawyers also requested a delay in the classified documents case beyond December 2023 as the former president and his attorneys are already scheduled to engage in separate trials and legal proceedings.
In March 2024, Trump's trial for allegedly falsifying business records in relation to "hush money" paid to adult film star Stormy Daniels will begin. Trump has pleaded not guilty to 34 charges, and denied having an affair with Daniels in 2006.
In October 2023, a civil trial involving the former president will also begin in New York. Attorney General Letitia James is suing Trump, three of his adult children, and the Trump Organization for $250 million over allegations the real estate company inflated or undervalued the value of a number of assets for financial benefits.
"Respectfully, based on all of the foregoing, the Court should therefore withdraw the current Order setting trial and postpone any consideration of a new trial date," Kise wrote.
The decision on whether to delay the trial will ultimately be made by Cannon, who previously faced calls to recuse herself from the classified documents case over concerns about her impartiality toward Trump.
Cannon recently gave Trump's lawyers a July 13 deadline to complete all "outstanding applicant tasks" required to obtain the requisite security clearances to deal with the classified documents evidence involved in the case.
The deadline was set ahead of a July 14 preliminary hearing as part of the Classified Information Procedures Act (CIPA), a potentially lengthy process to decide how to protect the sensitive materials involved in the legal proceedings, as well as to decide how they can be discussed or disclosed in a trial setting.
Nauta has requested a delay because his attorney, Stanley Woodward, is currently dealing with a trial in Washington D.C., and therefore can't attend the Friday hearing.
Trump's office has been contacted for comment via email.
