Analysis: Showdown over Trump’s trial date reflects irreconcilable clash between campaign politics and justice
From CNN's Stephen Collinson
Former President Donald Trump delivers remarks at a Republican event in Las Vegas last month. Mario Tama/Getty Images
If special counsel Jack Smith has his way, Donald Trump will be spending his weekdays in January in a Washington, DC, courtroom rather than barnstorming ice-bound Iowa and New Hampshire with his closing arguments before the critical first 2024 nominating contests.
Smith on Thursday proposed that a trial over Trump’s attempts to overturn the 2020 election begin on January 2, 2024 – two weeks before the first-in-the-nation Iowa GOP caucuses – provoking an angry eruption from the ex-president. Prosecutors moreover expect their case to take up to six weeks, meaning that Trump’s campaign would be severely disrupted ahead of a Super Tuesday blitz of 16 contests on March 5.
Smith’s bold move on Thursday was the most startling indication yet of how the 2024 election has now become inextricably entangled with Trump’s battle to avoid serial felony convictions. The campaign trail will run as much through various court rooms as through the fabled rituals of an American election year. And the political, electoral and judicial institutions of a nation left internally estranged by Trump’s tumultuous presidency and its polarizing aftermath are now facing yet another of the existential tests that Trump has posed since descending his escalator in 2015.
Prosecutors argued Thursday that a speedy trial was feasible since they were prepared for a swift and fulsome handover of evidence in the discovery process. Furthermore, the events surrounding Trump’s denial of his 2020 election defeat have been in the public domain for years. They also argued that the extraordinary and historic nature of the charges regarding an historic attempt to derail US democracy weighed in favor of moving quickly.
“Most importantly, a January 2 trial date would vindicate the public’s strong interest in a speedy trial — an interest guaranteed by the Constitution and federal law in all cases, but of particular significance here, where the defendant, a former president, is charged with conspiring to overturn the legitimate results of the 2020 presidential election, obstruct the certification of the election results, and discount citizens’ legitimate votes,” Smith’s team told the court.
Given that Trump is the GOP front-runner for the next presidential election, while still denying the legitimacy of the previous one, there is a strong moral argument that the national interest lies in concluding a trial as quickly as is fairly possible. Trump is entitled to be considered innocent until proven guilty, like all criminal defendants. But it is also possible that voters next year could be asked to decide whether the former president, who could theoretically by then be a convicted felon, is fit to swear to preserve, protect and defend the Constitution and the rule of law ahead of a new White House term.
A judge will hold the first hearing Friday in the Trump 2020 election case. Here are key things to know
From CNN's Hannah Rabinowitz and Tierney Sneed
Former President Donald Trump and Judge Tanya Chutkan Getty Images, AP
After a week of bitter court filings, federal prosecutors and Donald Trump’s defense lawyers are scheduled to appear in Washington, DC, federal court Friday morning for the first hearing before the judge assigned to oversee the special counsel’s election subversion case against the former president.
Judge Tanya Chutkan has already shown a habit of responding quickly and tersely on the docket to debates between the parties over scheduling. An Obama appointee and former public defender who has overseen several cases regarding the events of January 6, 2021, Chutkan has been outspoken about the harm the US Capitol attack caused to American democracy.
Friday’s hearing could set the tone for how the case against Trump will proceed and how Chutkan will manage what has already been contentious feuding between the parties and test her abilities to keep the proceedings on track.
How Chutkan handles the case is likely to serve as a contrast to US District Judge Aileen Cannon, a Trump appointee in Florida who has been in less of a rush to move proceedings along in the classified documents case against the former president. She has already been heavily scrutinized for what critics say is a favorable treatment of the former president in a previous lawsuit Trump brought last year challenging aspects of the Justice Department’s investigation.
Trump pleaded not guilty to four criminal charges related to his efforts to overturn the 2020 presidential election last week. The special counsel said Thursday it wants the trial to begin on January 2, 2024, a date Trump’s team is expected to oppose.
Scope of protective order over evidence: In Friday’s hearing, lawyers are slated to debate the scope of a protective order governing evidence that prosecutors say proves Trump conspired to overturn the election, interrupt Congress and take away every American citizen’s right to have their vote counted.
Protective orders are a normal part of any criminal case and are typically approved without much drama. In this case, however, the special counsel’s office and Trump’s defense lawyers have battled in court filings over what Trump will be able to discuss publicly.
Among the restrictions the prosecutors are requesting in this case is a rule barring Trump’s lawyers from providing copies of “sensitive” evidence to the former president, including witness interviews and grand jury transcripts from the dozens of witnesses in Trump’s circle who have spoken to prosecutors.
To make their point, prosecutors pointed to Trump’s social media posts since he was indicted last week, including a vague and ominous Truth Social post reading “IF YOU GO AFTER ME, I’M COMING AFTER YOU!” Trump also slammed Chutka.
The posts, prosecutors said, emphasized the need for a protective order that would limit whether Trump can discuss or share evidence on his social media accounts during the course of the legal case.
For their part, Trump’s legal team proposed less restrictive rules, alleging that prosecutors are on a politically motivated campaign to restrict his First Amendment rights. His defense lawyers pushed back on prosecutors’ definition of “sensitive” material that should be subject to additional rules, and asked to expand who can access certain evidentiary materials.
If Trump were to violate any eventual protective order Chutkan issues, he could be held in contempt.
1 hr 12 min ago
This is Trump's trial schedule so far
From CNN's Katelyn Polantz and Kara Scannell
Federal prosecutors have proposed a January 2, 2024, start date for a criminal trial of former President Donald Trump in the special counsel’s case over his efforts to overturn the 2020 election.
Trump’s lawyers still must weigh in with their proposed date, and a judge will ultimately decide. That date would add to an already busy trial schedule for Trump as the former president faces a multitude of legal challenges.
This is his schedule so far:
October 2023 – New York attorney general’s civil case alleging fraud
January 2024 – Another defamation case from columnist E. Jean Carroll
March 2024 – Manhattan DA’s criminal case stemming from hush money scheme
May 2024 – Federal criminal case in Mar-a-Lago classified documents case
In Georgia, Fulton County District Attorney Fani Willis is expected to seek more than a dozen indictments when she presents her case before a grand jury next week regarding efforts by Trump and his allies to overturn the 2020 presidential election results in the state, sources familiar with the matter told CNN.
Meanwhile, in Florida, Trump and his personal aide pleaded not guilty Thursday to new criminal charges brought in the Mar-a-Lago classified documents case.
Former President Donald Trump delivers remarks at a Republican event in Las Vegas last month. Mario Tama/Getty Images
If special counsel Jack Smith has his way, Donald Trump will be spending his weekdays in January in a Washington, DC, courtroom rather than barnstorming ice-bound Iowa and New Hampshire with his closing arguments before the critical first 2024 nominating contests.
Smith on Thursday proposed that a trial over Trump’s attempts to overturn the 2020 election begin on January 2, 2024 – two weeks before the first-in-the-nation Iowa GOP caucuses – provoking an angry eruption from the ex-president. Prosecutors moreover expect their case to take up to six weeks, meaning that Trump’s campaign would be severely disrupted ahead of a Super Tuesday blitz of 16 contests on March 5.
Smith’s bold move on Thursday was the most startling indication yet of how the 2024 election has now become inextricably entangled with Trump’s battle to avoid serial felony convictions. The campaign trail will run as much through various court rooms as through the fabled rituals of an American election year. And the political, electoral and judicial institutions of a nation left internally estranged by Trump’s tumultuous presidency and its polarizing aftermath are now facing yet another of the existential tests that Trump has posed since descending his escalator in 2015.
Prosecutors argued Thursday that a speedy trial was feasible since they were prepared for a swift and fulsome handover of evidence in the discovery process. Furthermore, the events surrounding Trump’s denial of his 2020 election defeat have been in the public domain for years. They also argued that the extraordinary and historic nature of the charges regarding an historic attempt to derail US democracy weighed in favor of moving quickly.
“Most importantly, a January 2 trial date would vindicate the public’s strong interest in a speedy trial — an interest guaranteed by the Constitution and federal law in all cases, but of particular significance here, where the defendant, a former president, is charged with conspiring to overturn the legitimate results of the 2020 presidential election, obstruct the certification of the election results, and discount citizens’ legitimate votes,” Smith’s team told the court.
Given that Trump is the GOP front-runner for the next presidential election, while still denying the legitimacy of the previous one, there is a strong moral argument that the national interest lies in concluding a trial as quickly as is fairly possible. Trump is entitled to be considered innocent until proven guilty, like all criminal defendants. But it is also possible that voters next year could be asked to decide whether the former president, who could theoretically by then be a convicted felon, is fit to swear to preserve, protect and defend the Constitution and the rule of law ahead of a new White House term.
Former President Donald Trump and Judge Tanya Chutkan Getty Images, AP
After a week of bitter court filings, federal prosecutors and Donald Trump’s defense lawyers are scheduled to appear in Washington, DC, federal court Friday morning for the first hearing before the judge assigned to oversee the special counsel’s election subversion case against the former president.
Judge Tanya Chutkan has already shown a habit of responding quickly and tersely on the docket to debates between the parties over scheduling. An Obama appointee and former public defender who has overseen several cases regarding the events of January 6, 2021, Chutkan has been outspoken about the harm the US Capitol attack caused to American democracy.
Friday’s hearing could set the tone for how the case against Trump will proceed and how Chutkan will manage what has already been contentious feuding between the parties and test her abilities to keep the proceedings on track.
How Chutkan handles the case is likely to serve as a contrast to US District Judge Aileen Cannon, a Trump appointee in Florida who has been in less of a rush to move proceedings along in the classified documents case against the former president. She has already been heavily scrutinized for what critics say is a favorable treatment of the former president in a previous lawsuit Trump brought last year challenging aspects of the Justice Department’s investigation.
Trump pleaded not guilty to four criminal charges related to his efforts to overturn the 2020 presidential election last week. The special counsel said Thursday it wants the trial to begin on January 2, 2024, a date Trump’s team is expected to oppose.
Scope of protective order over evidence: In Friday’s hearing, lawyers are slated to debate the scope of a protective order governing evidence that prosecutors say proves Trump conspired to overturn the election, interrupt Congress and take away every American citizen’s right to have their vote counted.
Protective orders are a normal part of any criminal case and are typically approved without much drama. In this case, however, the special counsel’s office and Trump’s defense lawyers have battled in court filings over what Trump will be able to discuss publicly.
Among the restrictions the prosecutors are requesting in this case is a rule barring Trump’s lawyers from providing copies of “sensitive” evidence to the former president, including witness interviews and grand jury transcripts from the dozens of witnesses in Trump’s circle who have spoken to prosecutors.
To make their point, prosecutors pointed to Trump’s social media posts since he was indicted last week, including a vague and ominous Truth Social post reading “IF YOU GO AFTER ME, I’M COMING AFTER YOU!” Trump also slammed Chutka.
The posts, prosecutors said, emphasized the need for a protective order that would limit whether Trump can discuss or share evidence on his social media accounts during the course of the legal case.
For their part, Trump’s legal team proposed less restrictive rules, alleging that prosecutors are on a politically motivated campaign to restrict his First Amendment rights. His defense lawyers pushed back on prosecutors’ definition of “sensitive” material that should be subject to additional rules, and asked to expand who can access certain evidentiary materials.
If Trump were to violate any eventual protective order Chutkan issues, he could be held in contempt.
Federal prosecutors have proposed a January 2, 2024, start date for a criminal trial of former President Donald Trump in the special counsel’s case over his efforts to overturn the 2020 election.
Trump’s lawyers still must weigh in with their proposed date, and a judge will ultimately decide. That date would add to an already busy trial schedule for Trump as the former president faces a multitude of legal challenges.
This is his schedule so far:
October 2023 – New York attorney general’s civil case alleging fraud
January 2024 – Another defamation case from columnist E. Jean Carroll
March 2024 – Manhattan DA’s criminal case stemming from hush money scheme
May 2024 – Federal criminal case in Mar-a-Lago classified documents case
