Trump lawyers, prosecutors clash over trial date in Washington, D.C. federal court

Former President Donald Trump’s legal team and prosecutors faced off in a Washington, D.C. federal court as U.S. District Judge Tanya Chutkan weighed potential trial dates for the 2020 election-related case brought by special counsel Jack Smith.

The judge’s decision will have profound implications, as it could set the stage for the commencement of the first among four criminal cases pending against the former president.

As the hearing approached, both prosecution and defense presented varying trial dates, revealing the stark contrast in their estimations of how swiftly the pretrial process can proceed. Smith’s team advocated for a January 2024 start date, merely five months after Trump’s indictment on federal counts related to an alleged scheme to overturn the 2020 presidential election results. This plot purportedly aimed to keep him in power and occurred nearly three years after the U.S. Capitol assault on January 6, 2021.

In contrast, Trump, who pleaded not guilty to the charges, proposed a significantly later trial date of April 2026, seemingly in an effort to postpone the federal trial well beyond the upcoming election. He currently stands as the leading candidate for the Republican nomination and alleges that Smith’s prosecution is designed to undermine his campaign.

U.S. District Judge Tanya Chutkan expressed dissatisfaction with both proposed trial dates, asserting that neither was acceptable. She dismissed Trump’s suggested April 2026 trial date and emphasized that the trial would not be delayed until that year. The judge maintained that Trump’s other commitments should not interfere with the trial’s timing, stating that he must make the trial date work, irrespective of his schedule.

Notably, Trump faces four separate cases brought by federal and local prosecutors. His legal journey will likely dominate much of 2024 as he navigates through these legal proceedings and the election calendar. Smith’s case stands out as the only federal election-related probe against Trump, differing notably from the 18 co-indicted individuals in Fulton County District Attorney Fani Willis’ racketeering case in Georgia, which pertains to alleged efforts to overturn the state’s 2020 election results.

In Georgia, where Trump faces 13 state felony charges, Willis proposed an October 23 trial start date. Smith’s other federal case against Trump, linked to his handling of classified documents post-presidency, is slated for trial in the Southern District of Florida in May. Additionally, Trump faces 34 state felony charges in New York, with a trial scheduled for March.

Trump’s legal team argued for the April 2026 trial date based on the substantial amount of evidence submitted by the government, including 11.5 million pages of documents. They contended that novel legal issues arising from Trump’s prosecution warranted extra time for preparation.

During the hearing, prosecutor Molly Gaston from Smith’s team asserted that the discovery process was largely complete, with the government delivering 12.8 million pages of material. She noted that many of these documents originated from sources available to Trump, such as transcripts from interviews by the House select committee investigating the January 6 Capitol assault, as well as materials from his 2020 campaign and political action committee.

Trump’s lead attorney, John Lauro, criticized the Justice Department’s proposed timeline, characterizing it as a request for a “show trial.” He stressed that Trump’s fundamental rights were at stake and indicated the intention to file motions related to executive immunity and First Amendment issues. Lauro also planned to explore the possibility of moving the federal case out of Washington, D.C.

Gaston countered Lauro’s arguments by pointing to Trump’s social media activity as evidence that an earlier trial date was necessary. She cautioned that Trump’s online statements, which criticized potential witnesses and impugned the court’s integrity, could bias the pool of potential jurors.

In the midst of these legal proceedings, Trump’s absence was notable. The recent hearing marked the second time Trump’s attorneys and the special counsel’s office appeared before Judge Chutkan. In a prior hearing, she issued a protective order to safeguard sensitive discovery material and imposed restrictions on public disclosures.

Judge Chutkan, an appointee of the Obama administration, acknowledged Trump’s First Amendment rights but emphasized that these rights are not absolute. She highlighted that Trump, as a defendant, is bound by the conditions of his release, including prohibitions against witness intimidation. The judge warned that questionable social media posts by Trump could hasten the trial schedule to protect the integrity of the jury pool.

Federal judges possess wide-ranging authority to establish trial schedules, and Judge Chutkan’s cautionary message came as Trump criticized the case and the judge herself on social media. Trump’s online rhetoric took a troubling turn when a Texas woman allegedly left a threatening and racist voicemail for Judge Chutkan just one day after Trump’s “IF YOU GO AFTER ME, I’M COMING AFTER YOU!” social media post. The woman was arrested and charged with making threats.