The Department of Justice issued a strong rebuke of former President Donald Trump's request to delay the criminal trial in the classified documents case against him until after the 2024 election.
Special counsel Jack Smith asked Judge Aileen Cannon to proceed with the jury selection on Thursday despite Trump’s efforts to postpone and requested the trial begin Dec. 11.
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Trump's attorneys filed the motion to postpone the trial date on Monday. His lawyers argue that the 2024 presidential race poses a challenge to selecting jurors and that the trial could affect the outcome of the election.
Smith responded to Trump’s request on Thursday, expressing stark opposition to the motion, citing there is "no basis in law or fact" for the delay.
Since Trump was charged with 37 federal felony counts in June, his defense for retaining the classified documents has repeatedly been hinged on a law known as the Presidential Records Act, with the former president claiming he was allowed to keep the documents.
“The intersection between the Presidential Records Act and the various criminal statutes at issue has never been addressed by any court, and in the Defendants’ view, will result in a dismissal of the indictment,” Trump’s attorney and co-defendant, Walt Nauta, wrote in a court filing.
Smith pushed back on this argument Thursday, saying using that law as a defense "borders on frivolous."
The 1978 law “establishes that Presidential records automatically transfer into the legal custody of the Archivist as soon as the President leaves office,” confirming documents must be given to the National Archives at the end of the presidency, as stated in the act.
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Smith has urged for a speedy trial in the documents case and reiterated special circumstances should not be taken in this case due to Trump’s busy calendar, saying schedules “do not provide a basis to delay trial in this case,” the filing reads.
“Many indicted defendants have demanding jobs that require a considerable amount of their time and energy, or a significant amount of travel,” Smith said.