Trump’s Lawyers Argue for More Time To Make Arguments in Jack Smith’s Election-Obstruction Case
The two filings from the former president's attorneys are the latest in a back-and-forth between Trump's legal team and Special Counsel Jack Smith in recent weeks
Donald Trump's lawyers asked a federal judge late Thursday for the pre-trial schedule to be extended in his Washington, D.C., election obstruction case by arguing that the criminal indictment raises unique legal questions and evidentiary issues that require more lengthy litigation.
The two filings from the former president's attorneys are the latest in a back-and-forth between Trump's legal team and Special Counsel Jack Smith in recent weeks over whether the trial schedule allows a fair opportunity to litigate contested issues.
Trump is charged with four federal felonies in the case alleging he obstructed the 2020 presidential election and is scheduled for trial beginning March 4, 2024, in Washington, D.C. He has pleaded not guilty to all charges.
"This case is the first of its kind in American history," Trump's lawyers in one of the Thursday night court filings. "Many, if not most, of President Trump's motions address wholly unique areas of the law that have never been litigated. To lodge these motions properly, counsel requires time to fully research and develop each issue and appraise the court of relevant authorities."
Trump's legal team last week filed motions arguing a longer pre-trial schedule is needed to allow a "fair opportunity for reasonable adversary proceedings" regarding classified documents, and more time for pre-trial mentions.
In response on Monday, prosecutors in Smith's office said these filings were being made "in service of his effort to delay the proceedings." The volume of classified evidence in the case is relatively small, they argued, and Trump's legal team failed "to provide a basis for any extension" on pre-trial motions.
In their two court filings Thursday night, Trump's legal team said extensions are necessary in the interest of fairness, and would not delay the trial.
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Allowing more time to file pre-trial motions "is a reasonable and typical accommodation that will enable President Trump to review larger segments of the provided discovery and fully address the complex questions raised by the unique circumstances of the case," Trump's lawyers argued.
There is no set deadline for U.S. District Judge Tanya Chutkan, who is presiding over the case, to decide on the motions.
The next scheduled court hearing in the case is Oct. 16, when prosecutors and the former president's attorneys are expected to present arguments regarding Smith's request for a "narrow" gag order limiting Trump's speech about aspects of the case.
Earlier on Thursday, Trump's legal team filed a motion seeking dismissal of the Washington, D.C., citing "presidential immunity."
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