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Kaelan Deese, Supreme Court Reporter


NextImg:Trump's 2026 trial proposal for election subversion case should be rejected: DOJ

Special counsel Jack Smith poured cold water on former President Donald Trump's efforts to delay his Washington, D.C., federal trial over alleged election interference until 2026, saying it denies the public's "right to a speedy trial."

“In service of a proposed trial date in 2026 that would deny the public its right to a speedy trial, the defendant cites inapposite statistics and cases, overstates the amount of new and non-duplicative discovery, and exaggerates the challenge of reviewing it effectively,” Smith's team wrote in a court filing Monday.

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Special Counsel Jack Smith speaking at a press conference in Washington, D.C., on Aug. 1, 2023, and former President Donald Trump speaking at a campaign rally in Erie, Pennsylvania on July 29, 2023.

Trump's lawyers previously suggested an April 2026 trial date, saying they had been provided by prosecutors with 11.5 million pages of potential evidence to sort through.

But Smith's team says a bulk of that includes duplicate pages or information that is already public, such as documents furnished by the House committee that investigated the Jan. 6 riot at the Capitol as well as Trump's social media posts.

Prosecutors also weren't too happy with the Trump team's creative metaphors to describe the length of the materials.

“In cases such as this one, the burden of reviewing discovery cannot be measured by page count alone, and comparisons to the height of the Washington Monument and the length of a Tolstoy novel are neither helpful nor insightful; in fact, comparisons such as those are a distraction from the issue at hand — which is determining what is required to prepare for trial,” prosecutors wrote.

Smith's team also wrote that Trump's proposal is premised on a false notion that attorneys would have to manually review discovery, which is not consistent with modern practices.

CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER

Prosecutors have suggested a Jan. 2, 2024, trial date.

Judge Tankya Chutkan will be the ultimate decision-maker on the scheduling request as early as the next Aug. 28 status conference.