Trump argued that proceeding with the trial while he remains a presidential candidate would make it nearly impossible to impanel an impartial jury.
“Proceeding to trial during the pendency of a Presidential election cycle wherein opposing candidates are effectively (if not literally) directly adverse to one another in this action will create extraordinary challenges in the jury selection process and limit the Defendants’ ability to secure a fair and impartial adjudication,” attorneys for Trump and his personal aide and co-defendant, Walt Nauta, said in a court filing Monday night.
This request presents a crucial test for U.S. District Court Judge Aileen Cannon, who is considering special counsel Jack Smith’s push for a December 2023 trial, citing the strong public interest in beginning proceedings as soon as possible.
The defence filing categorically states that December is too soon for a trial and urges Judge Cannon not to set a trial date at this point.
Trump’s legal team explicitly opposes a trial during the upcoming presidential election season, which is expected to kick off later this year.
If Trump secures the Republican nomination, his defence argues for a delay of almost a year beyond the prosecution’s proposed timeline.
This legal strategy aligns with Trump’s customary approach of protracting legal matters in the hopes of changing the legal landscape.
However, in this instance, the objective is to delay a criminal trial that could potentially result in a lengthy prison sentence if he is convicted, marking the first-ever prosecution of a former president.
Furthermore, if Trump were to win the election, he would possess legal and constitutional tools to disrupt the prosecution’s efforts.
He has previously asserted the power to self-pardon, an untested exercise of presidential authority.
Additionally, as president, he would have the ability to appoint leaders within the Justice Department, who could potentially terminate any ongoing criminal proceedings.
In their late-night submission, Trump’s defence attorneys did not address these scenarios directly but highlighted a series of potential conflicts and proceedings that they argue would make it nearly impossible to adequately prepare for a trial in the coming months.
These complications include a civil trial scheduled for October in New York involving New York Attorney General Letitia James’ attempt to impose significant restrictions on Trump and his businesses for alleged widespread fraud.
Another issue is a criminal trial set for March 2024 on state charges related to hush money payments to porn star Stormy Daniels just before the 2016 presidential election.
