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Tipsheet

What Trump's Legal Team Just Filed Might Not Please Special Counsel Jack Smith

AP Photo/John Locher

It’s news that no one wants to hear regarding the trial over the alleged mishandling of classified materials by Donald Trump. It’s the second indictment slapped against the former president, with the first being related to Trump's hush money agreement with ex-porn star Stormy Daniels. That legal entanglement is a circus drenched in partisan politics. The legalese etched in the Daniels indictment brought forward by Manhattan District Attorney Alvin Bragg is viewed as exceptionally shoddy, but there will be a trial next year, nonetheless. That’s the point: damaging Trump through death-by-a-thousand legal cuts could work. 

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This classified materials indictment filed by Special Counsel Jack Smith is also a partisan witch hunt, though harder to dismiss as Trump did engage in reckless activities with these sensitive documents. He made the case for the overly zealous lawyers at the Justice Department easy. It was preventable, but that’s history. Smith claimed he wanted a speedy trial though he asked for a four-month delay in setting the date. Now, given the circumstances, Trump’s legal team is asking to delay the trial until after the presidential election. They feel the need for a speedy trial is not necessary (via ABC News):

In a court filing late Monday night, lawyers for former President Donald Trump called for a lengthy delay of his federal trial on charges related to his handling of classified documents, suggesting it would not be possible to try the case prior to the 2024 election. 

Trump's attorneys argue that the extraordinary nature of the case means there should be no reason to expedite the trial.

"Thus, pursuant to 18 U.S.C. § 3161(h)(7)(A), based on the extraordinary nature of this action, there is most assuredly no reason for any expedited trial, and the ends of justice are best served by a continuance," Trump's lawyers wrote. 

As a result, the attorneys wrote, "the Court should, respectfully, before establishing any trial date, allow time for development of further clarity as to the full nature and scope of the motions that will be filed, a better understanding of a realistic discovery and pre-trial timeline, and the completion of the security clearance process." 

Special Counsel Jack Smith, who is prosecuting the case, has not yet responded to the filing. 

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Is this a new tactic deployed on behalf of the Trump team? They can’t ignore the trial but can pour concrete into the legal works and slow down the show. I’m not sure if there’s anything to gain here. The delays will allow both sides to prepare thoroughly, so no one can argue that Trump had a constitutionally deficient defense. Politically, it also keeps the story in the news for the entire 2024 cycle, which will damage Trump and the GOP. You can’t campaign with legal entanglements like this around your neck, especially if one relates to the handling of classified materials. It sucks, but that’s a fact. 

There has been a slew of Democrats who have committed worse offenses; Hillary Clinton should have been charged in 2016. But she’s not on the ballot. Trump might be, and he’s facing an indictment on charges that he was negligent with state secrets that will anchor the entire party next year should he be our nominee. In the meantime, Trump’s aide, Walt Nauta, who was indicted with him, has his own issues regarding his defense: he can’t find a lawyer. And his preliminary hearing has been delayed as such, which has not pleased Mr. Smith.

And speaking of special counsel investigations, what's happening with the one involving Joe Biden leaving troves of sensitive documents in unsecured locations? 

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