Former President Trump’s attorneys are asking a judge to delay his trial in the Mar-a-Lago documents case without setting a new start date.
“The government’s request to begin a trial of this magnitude within six months of indictment is unreasonable, telling, and would result in a miscarriage of justice,” they wrote in the brief.
“The Government appears to favor an expedited (and therefore cursory) approach to this case,” they added.
The Justice Department has requested a Dec. 11 trial date. Judge Aileen Cannon had earlier set an initial August trial date, which the filing also asks her to withdraw.
Trump’s team does not suggest a new date, noting he will be busy running for president while arguing the prosecution will hinder his efforts to run for office.
Trump’s team also argues the prosecution will hinder his efforts to run for office.
Trump’s legal team was widely expected to pursue delays in the trial, but the late Monday filing outlines a plan to challenge what they argue are numerous complex legal issues that “will result in a dismissal of the indictment.”
“The Court now presides over a prosecution advanced by the administration of a sitting President against his chief political rival, himself a leading candidate for the Presidency of the United States,” the filing reads.
“Therefore, a measured consideration and timeline that allows for a careful and complete review of the procedures that led to this indictment and the unprecedented legal issues presented herein best serves the interests of the Defendants and the public.”
Attorneys for Trump’s co-defendant Walt Nauta, Trump’s valet who was spotted on security camera footage moving boxes in and out of a Mar-a-Lago storage room, also signed onto the filing.
Earlier Monday attorneys for Nauta pushed the court to delay a Friday conference to discuss how to handle classified documents in the case ahead of the government’s plan to turn over such documents as part of the discovery process.
Attorney’s do not need a security clearance to participate in the discussion, but Natua attorney Stanley Woodward said such a move was too rushed given that he does not yet have even a provisional security clearance.
A DOJ response brief pushed back, noting Woodward has yet to fill out the paperwork to get one.
Judge Aileen Cannon on Tuesday morning agreed to delay the conference until next Tuesday.
The filing from Trump’s attorneys also notes the magnitude of the unclassified discovery swiftly turned over after Trump’s arraignment, including more than 800,000 pages. Investigators seized numerous presidential records that Trump took to Mar-a-Lago that the National Archives had sought to recover.
“An adequate and diligent review of the existing discovery production will take some considerable time and effort,” they write.
Trump and Nauta have both pleaded not guilty in the 38-count indictment.
This story was updated at 10:29 a.m.