[It could be for the best, in the Justice Department’s view,
that Judge Cannon didn’t grant the government’s requested date in
Florida. ]
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JACK SMITH WANTS A JANUARY TRIAL IN D.C. — HE MIGHT ACTUALLY GET
SOMETHING CLOSE  
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Jordan Rubin
August 11, 2023
MSNBC
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_ It could be for the best, in the Justice Department’s view, that
Judge Cannon didn’t grant the government’s requested date in
Florida. _

,

 

[Read the Special Counsel's argument for a Jan. 2 trial date here
[[link removed]].
-- moderator.]

When special counsel Jack Smith
[[link removed]] asked U.S.
District J
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Aileen Cannon
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a December trial date
[[link removed]] in
Florida, I didn’t expect it her to grant it. But he has a better
shot at the early winter request he just re-upped
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the Washington case.

Here’s why.

In Florida, Donald Trump’s classified documents trial
[[link removed]] was never
realistically going to start
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year. Not only because of Cannon’s historical deference to Trump,
but also, and more important, because of the classified information in
the case that requires additional litigation
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necessarily takes more time. All in all, Cannon set a reasonable
enough date when she chose May — though we’ll see whether that
date and that reasonableness hold (especially with the strange
order 
[[link removed]]she
issued this week).

At any rate, it may be for the best, in the Justice Department’s
view, that Cannon kicked the classified documents case into the
spring. That left the calendar open for Smith to ask U.S. District J
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Tanya Chutkan
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Washington for a Jan. 2 start date in Trump’s election-related case.
(It’s basically the same request the government made in Florida,
because in both cases the prosecution requested that jury selection
start Dec. 11.)

Of course, Trump will continue to argue that his running for president
makes it impossible and unfair for him to stand trial as the primary
season gets underway. In the government’s motion to Chutkan,
however, prosecutors seemingly tried to kneecap that notion, taking
Trump’s political status — and his alleged abuse of it —
head-on:

Most importantly, a January 2 trial date would vindicate the
public’s strong interest in a speedy trial—an interest guaranteed
by the Constitution and federal law in all cases, but of particular
significance here, where the defendant, a former president, is charged
with conspiring to overturn the legitimate results of the 2020
presidential election, obstruct the certification of the election
results, and discount citizens’ legitimate votes.

“Trial in this case is clearly a matter of public importance, which
merits in favor of a prompt resolution,” prosecutors wrote,
emphasizing that speedy trials are also for the public, not just for
defendants.

And though, as prosecutors admit, there’s a “large amount of
discovery” evidence, classified information doesn’t dominate the
Washington case as it does with the Florida case. Though, notably, the
government’s motion concedes some unspecified minimal amount of
classified information at issue in the 2020 election case. While
prosecutors downplayed its potential to prolong the case, we’ll see
whether that becomes a bigger scheduling issue than they want it to
be. Either way, expect that to surface as another avenue of attack for
the defense, whose trial date brief is due Aug. 17.

And Trump’s current criminal trial schedule could also help the
government’s request for a trial in early winter. His New York 
[[link removed]]s
[[link removed]]tate 
[[link removed]]hush
money 
[[link removed]]case
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set for March, followed by a May trial in his classified documents
case. Assuming Chutkan doesn’t push the election case beyond the
documents case, which would be surprising, there’s only so much
further into 2024 she could push the election case — which
prosecutors say should take four to six weeks — before rubbing up
against the New York case. (Though Manhattan District Attorney Alvin
Bragg has implied
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be amenable to adjusting his trial schedule.)

Trump also has a busy civil docket, including a January trial
scheduled in writer E. Jean Carroll’s other defamation lawsuit
against him. He opted not to attend the first trial, where in May he
was found liable
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sexual abuse and defamation.

Though the former president wouldn’t have to attend Carroll’s
second civil trial, either, the special counsel’s latest filing
might motivate him to do so — or to at least tell Chutkan he wants
to keep the option open.

_Jordan Rubin
[[link removed]] is the
Deadline: Legal Blog writer. He was a former prosecutor for the
Manhattan district attorney’s office._

* Donald Trump
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* Jack Smith
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