Federal prosecutors said Trump should not be allowed to use 'baseless' legal arguments to delay his trial.
Special counsel Jack Smith’s team sharply rebuked Donald Trump’s bid to postpone until after the 2024 election his criminal trial for allegedly hoarding classified documents, characterizing the former president’s call for delay as unfounded and one of his key legal arguments as “borderline frivolous.
Smith’s team rejected the notion that issues raised by Trump are particularly complex or unprecedented, citing cases related to former President Richard Nixon and cases that have upheld the power of special counsels to conduct federal investigations. And Trump’s contention that the Presidential Records Act — a federal recordkeeping law with no criminal component — provides him a defense in this case is “borderline frivolous,” Harbach wrote.
“The conditions that Defendants argue will make it a challenge to select a jury will not appreciably change after the completion of the election,” the special counsel’s team asserted. The filing also provided a new glimpse into the volume of evidence prosecutors obtained, describing 4,500 pages of “key” documents that they have flagged for Trump’s attorneys out of a larger 800,000-page batch of unclassified evidence. About a third of those 800,000 pages — a figure Trump cited as a basis to delay the trial — are content-free email headers and footers, the special counsel team indicated.
Most of the 340 classified documents relevant to the case will be provided to defense attorneys as soon as they receive interim clearances, he added, a process prosecutors have said can happen quickly. The remaining few would be shared after a 45 to 60 day clearance process, they noted in a recent filing.
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