Trump can be tried within a year, says Jack Smith in response deadline

The federal lawsuit against Donald Trump, a former president, is certainly unprecedented. But trying sensitive cases has been done before and quite quickly.

Special Counsel Jack Smith makes the latter point in response to Trump’s quest to postpone his trial for classified documents while he runs for president. Arguing for the delay, Trump and his co-defendant, Walt Nauta, cited sensitive cases that take more than a year to unfold.

One was the case of Reality Winner, the national security contractor accused of leaking a report on Russian interference in the 2016 election won by Trump. She was arrested in June 2017 and pleaded guilty the following June, months before her trial began in October 2018.

The other case Trump and Nauta cited in their deferral motion involved a Chinese national who was charged with espionage in January 2019 but did not go to trial until September 2022.

However, the DOJ, which wants to start Trump’s trial in December, noted in response Thursday that part of the delay in the Chinese nationals’ case was due to the Covid pandemic. Regarding the Winners case, the special counsel noted that the judge originally scheduled the trial for less than five months after his arrest and arraignment.

In addition to pushing back on Trump’s examples, the DOJ cited two quick spy lawsuits: one of a former CIA agent who spied for China that took less than a year, and the other of a former sailor who tried to spy for Russia that took less than nine months.

Both cases were prosecuted in the Eastern District of Virginia, which is more experienced in this type of case. But the DOJ argued in its filing to Judge Aileen Cannon in Florida that there is no reason to believe CIPA [Classified Information Procedures Act] the procedure before this Court would be less efficient.

Cannon has been effective so far in handling Trump’s criminal case (as opposed to his handling of previous civil litigation which prompted calls for his recusal in the criminal case).

His impending decision to proceed effectively, accept Trump’s indefinite delay, or find common ground with, say, a date in the spring or summer of 2024 will be his most important appeal yet.

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