Former President Donald Trump has demanded that the trial into his alleged mishandling of classified documents be postponed until after the 2024 election in order to avoid biasing a jury that may otherwise be motivated by political concerns.
“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,” Trump’s lawyers wrote in a court filing published Monday night.
“Here, 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,” Christopher Kise and Todd Blanche, the former president’s attorneys, wrote.
U.S. District Court Judge Aileen Cannon, who is presiding over the case, is also contemplating Special Counsel Jack Smith’s demand for a trial date of December 2023.
In mid June, Trump pled not guilty in a Miami federal court to all 37 felony counts concerning his alleged mishandling of classified documents. “We most certainly enter a plea of not guilty,” Blanche said in the court at the time.
Among the charges the former president faces include willful retention of national-defense information, conspiracy to obstruct justice, withholding a document or record, corruptly concealing a document or record, concealing a document in a federal investigation, scheme to conceal, and making false statements and representations.
The federal indictment argues that Trump willfully possessed “secret” and “highly confidential” documents that had not been declassified, despite the former president’s claims. Trump allegedly held dozens of boxes of such documents at his Florida residence of Mar-a-Lago, including sensitive material pertaining to the defense and weapons capabilities of both the United States and foreign countries, U.S. nuclear programs, potential vulnerabilities of the U.S. and its allies, and plans for a possible retaliation in case of a foreign attack.
In late June, Judge Cannon set a preliminary date for the trial to begin on August 14, 2023, with a notice that any pre-trial motions from all parties be submitted by July 24.
Last Thursday, the former president’s aide, Will Nauta – a co-defendant in the case also represented by Trump’s legal team – pled not guilty to several counts of mishandling classified material and conspiracy to obstruct justice.
On Wednesday, federal judge Bruce Reinhart, unsealed sections of the affidavit the FBI submitted in 2022 to obtain a search warrant of Mar-a-Lago. Surveillance footage reportedly showed Nauta moving several boxes from a storage room days before prosecutors arrived to search the premises. “The current location of the boxes removed from the storage room but not returned to it is unknown,” the affidavit noted.
“I have just learned that the ‘Thugs’ from the Department of Injustice will be Indicting a wonderful man, Walt Nauta, a member of the U.S. Navy, who served proudly with me in the White House, retired as Senior Chief, and then transitioned into private life as a personal aide. He has done a fantastic job!” Trump wrote on Truth Social, his social media platform, in early June following the news of the indictment.
“They are trying to destroy his life, like the lives of so many others, hoping that he will say bad things about ‘Trump,’” Trump said of Nauta. “He is strong, brave, and a Great Patriot. The FBI and DOJ are CORRUPT!”