Tuesday, July 11, 2023

When is an appropriate time to try the Trump case?

The government is pushing for a quick trial date in December.

The defense has asked to wait to set a date until after some of the preliminary matters are done.  Here's the pleading.

From the motion:

Thus 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, such that the Defendants can be informed fully as to the involved evidence and thus be able to present more informed arguments as to the relevant legal issues. Moreover, Defendants expect that various key legal issues will be fully dispositive, thus negating the need for any trial. Given the broad discretion this Court has when evaluating application of Speedy Trial Act exclusions, and the demonstrative application herein of the factors enumerated in 18 U.S.C. § 3161(h)(7)(A) & (B), the Court should adopt and implement an approach which postpones establishment of any trial date. See United States v. Hatfield, 466 F. App’x 775, 777 (11th Cir. 2012) (recognizing trial court’s “broad discretion”).

I doubt Judge Cannon is just going to take the case off the calendar.  But a December setting is never going to happen.  I've said from the beginning that I don't think this case can or will be tried before the election.  I think the government made a mistake asking for a trial date so soon and the defense made a mistake not asking for a specific date after the election.

11 comments:

Anonymous said...

To delay it so he can get reelected and stop the prosecution will expose the judge's bias and likely get her elevated to a higher Court. It's all been planned starting with her move North from Miami area. Buddy Holly could see this motion coming!

Anonymous said...

Never going to happen. Ironically, and humorously, the federal government is providing nundreds of millions of free advertaising to the Trump campaign. The worst he will do in Fort Pierce is a hung jury. The Biden Admsinistration has overplayed its hand big time. Using the criminal justice system to seek revenge on and destroy your politicl opponents is very bad precedent. The Democrats will rue the day they pulled this stunt.

Anonymous said...

Biden should pardon Trump.

Anonymous said...

8:09, it is not a tough case. Your hero kept endless boxes of secret papers, real dangerous stuff. In his home. He showed them to people and talked about them publicly. Kept them in a bathroom. During the year that the government was trying to let him off with a warning he gave press conferences about frivolous defenses which undermined his ability to present an actual one. He badmouthed the prosecutors as meanies. My guess is that he should plead guilty reserving the right to appeal the question of whether ignorance of the law is an excuse. And raise as mitigation at sentencing his psychological/personality disorders and that everyone is out to get him.

Anonymous said...

Trump will either be acquitted or never tried. If the government cannot prove the doc that he was waiving around is one that they recovered, caso cerado. Technical guilt does not matter (he is).

Anonymous said...

Um, how about a President shall not keep classified documents...wth does that have to do with next administration? Should arrogance trump the law? Smh....

Anonymous said...

3:59 The Queen will see to that...with all of her inexperience and bad rulings...

Rumpole said...

Why use the word “respectfully” in the pleadings? It just sends a message that the lawyers know they are asking for something not likely to be granted. Amateurish at best.

“Continue the stupid case, our client has better things to do” is the way I’d go.

Anonymous said...

He may try to flee...or just die to avoid prosecution...much easier than trying to win presidency to stop prosecutions.

Anonymous said...

The whole lot are amateurs! Including the judge!

Anonymous said...

7:31... heard she really lost her cool during a Medicare Fraud case this week. Yelling at seasoned attorneys!