Lawyers for Donald Trump are asking a federal judge for a second time to postpone until after the 2024 election his trial on charges that he illegally retained dozens of national defense documents at his Mar-a-Lago club and conspired to obstruct the government’s repeated efforts to retrieve them.
The request, made in a 12-page court filing to US district judge Aileen Cannon on Wednesday night, proposed delaying the start of the trial from May until at least mid-November – leaning into the justice department’s complaint last week that Trump was trying to “re-litigate” the trial date.
Trump has tried to delay the classified documents trial ever since he was charged by prosecutors in the office of special counsel Jack Smith, including asking to postpone setting a trial date indefinitely as they worked through complex procedural and evidentiary rules in the case.
The efforts are the result of Trump’s bet that if he were to win the election and the trials were delayed, he could direct his attorney general to drop the cases. Even if he lost, the closer the trials were to the election, the more he could allege the prosecutions were politically motivated.
The dueling complaints from both sides set up another test for Cannon, a Trump appointee who came under widespread criticism last year during the criminal investigation after she issued a series of favorable decisions to the former president before her rulings were struck down on appeal.
In their renewed attempt to push back the trial date, Trump’s lawyers accused prosecutors of failing to meet their statutory obligations to turn over nine of the 32 documents Trump was charged with retaining, in violation of the Espionage Act, as part of the discovery process.
The filing argued that the delay in getting access to those documents, which prosecutors said last week were so sensitive that they could not be stored in a special facility in Florida to review such materials and were removed to Washington, necessitated revising the schedule for the case.
Trump’s lawyers added that they needed to push back the trial schedule because the secure facility being constructed for the judge to review the classified documents in Fort Pierce, where her courthouse is located, was running more than three months behind schedule.
“The special counsel’s office has failed to make very basic arrangements in this district for the handling of the relevant classified information,” wrote Trump’s lawyers Chris Kise and Todd Blanche. “The requested adjournments are necessary to allow time for these facilities to be established.”
Trump’s lawyers also hit back at prosecutors for previously suggesting that the former president was trying to weaponize the complex procedures for using classified information at trial – known as Cipa, short for the Classified Information Procedures Act – to buy time.
In particular, and previewing a potential defense at trial that some of the classified documents at Mar-a-Lago could not be charged because they were not “closely held” materials, Trump’s lawyers argued prosecutors needed to say whether they had tangential information that could be exculpatory.
The materials are known as “prudential search requests”, a process where national security prosecutors check with the US intelligence community about the nature of sensitive documents they are considering charging.
“Because some of the documents at issue address topics that are covered in open-source materials,” Trump’s lawyers wrote, “it is extremely likely that some USIC holdings undercut the Office’s contention that documents dating back to 2017 contain information that was closely held.”
The Trump legal team also cited Trump’s increasingly crowded courtroom calendar as a further reason why the classified documents trial needed to be delayed, arguing that neither they nor the former president could be in two places at once.
The issue stems from Trump’s other federal trial, in which he is accused by special counsel prosecutors of conspiring the subvert the 2020 election results, being scheduled to start on 4 March. But delays in that case could lead to overlap with the start of the classified documents trial set for 20 May.
