Special Counsel Jack Smith on Friday asked a federal judge to push back the start of former President Donald Trump’s trial on charges that he willfully retained national security secrets and obstructed justice.
In a court filing, Smith requested US District Judge Aileen Cannon to delay the trial by nearly four months — from Aug. 14 to Dec. 11 — arguing that both the prosecution and the defense need more time to prepare.
The special counsel noted that the 77-year-old president’s defense team does not object to moving the date.
Smith argued that the Aug. 14 date “would deny counsel for the defendant or the attorney for the Government the reasonable time necessary for effective preparation.”
Also presenting a challenge is the need for Trump’s defense team to obtain the appropriate security clearances to view the evidence Smith has against the former president.
“[T]he case does involve classified information and will necessitate defense counsel obtaining the requisite security clearances,” Smith wrote, noting it may take up to 60 days for the defense team to be cleared to view some of the most sensitive material.
He added: “the inclusion of additional time for defense counsel to review and digest the discovery, to make their own decisions about any production to the government, and for the government to review the same, is reasonable and appropriate.”
Trump has been accused by Smith of violating seven different federal laws among the 37 separate charges the former president has pleaded not guilty to.
There is a wide range of sentencing possibilities, but if Trump is handed the maximum penalty for each count and the judge orders the penalties to be served consecutively, he would face 400 years in prison and would be subject to a fine of $9,250,000.
Smith also asked Cannon on Friday to prohibit Trump and his co-defendant Walt Nauta from discussing the trial with a list of witnesses in the government’s case against them.
