Former President Donald Trump wants his classified documents trial postponed until after the 2024 general election.
Currently the leading contender to win the Republican presidential nomination, Trump is scheduled to go on trial in December.
The criminal trial could result in a lengthy prison sentence if Trump’s convicted — the first-ever prosecution of a former president.
"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," attorneys for Trump and personal aide and co-defendant Walt Nauta wrote late Monday night in a court filing.
U.S. District Judge Aileen Cannon, a Trump appointee, originally scheduled the former president's criminal trial on charges of illegal retention of classified government documents to start Aug. 14, "or as soon thereafter as the case may be called."
Special counsel Jack Smith, in charge of the Department of Justice's case against Trump regarding his handling of classified documents, filed a motion June 23 to move the trial date from August to December.
Smith's team says it's in the public interest to begin the trial as soon as possible, Politico reported.
Defense attorneys say the special counsel’s urgency to begin the federal criminal trial is unwarranted.
"There is no ongoing threat to national security interests nor any concern regarding continued criminal activity," the defense team says, Politico reported.
Trump's attorneys also say the trial will be complicated, requiring Cannon to make unprecedented rulings on such things as the handling of presidential records.
"Therefore, a measured consideration and timeline that allows for a careful and complete review of the procedures that led to this indictment and the unprecedented legal issues presented herein best serves the interests of the Defendants and the public," they said in the filing, Politico reported.
Trump's defense team not only says December is too soon to start a trial, the attorneys clearly are opposed to proceedings starting during the presidential election season.
The lawyers say a December start will make it "nearly impossible" to prepare for a trial for Trump and Nauta.
The defense team also cited that Trump faces a civil trial set for October in New York involving an effort by state Attorney General Letitia James to put major restrictions on Trump and his businesses over alleged pervasive fraud; and a criminal trial in March on state charges related to payments to porn star Stormy Daniels.
Nauta’s attorney, Stanley Woodward, has four criminal trials scheduled before December. One of those trials involves former Trump aide Peter Navarro, who’s charged with defying a congressional subpoena.
Delaying the trial until after the 2024 election could create an interesting situation.
If Trump wins the election and returns to office, he will have legal and constitutional tools to help his cause.
Not only has he proclaimed the power to "self-pardon," Trump also could appoint DOJ leaders who could decide to stop pursuing any lingering criminal matters.