Jack Smith Tells Judge Cannon Trump’s Delay Tactics ‘Must Stop,’ Argues Hush Money Trial Is No Excuse To Slow Documents Case 

The special counsel declares that ‘there is no support’ for a pre-trial delay in circumstances that resemble those of the 45th president.

Drew Angerer/Getty Images
Special Counsel Jack Smith arrives to deliver remarks on a recently unsealed indictment including four felony counts against President Donald Trump on August 1, 2023 at Washington, DC. Drew Angerer/Getty Images

The shockwaves of putting President Trump on trial at Manhattan are beginning to be felt in southern Florida, where the 45th president stands accused of criminally mishandling America’s secrets.

In a new filing, Mr. Trump asks for an adjournment of a key deadline in his Mar-a-Lago case — a May 9 date set by Judge Aileen Cannon for disclosing which documents he will use at trial — while he is tried at New York for payments to a porn star known as Stormy Daniels, facilitated by an attorney, Michael Cohen. 

Special Counsel Jack Smith,  in a response brief, accuses Mr. Trump of “reflexively” requesting postponements. The prosecutor tells Judge Cannon that this habit “must stop” because the former president “has already had months to prepare and meet those deadlines.”

The 45th president argues that fending off charges from District Attorney Alvin Bragg renders him incapable of also mounting an effective defense against Mr. Smith in the Sunshine State. He argues that a delay is necessary to exercise “his constitutional right to participate in critical aspects of his defense” and his “constitutional right to counsel of his choice.”

Mr. Smith observes that Mr. Trump has enjoyed “ample notice that these deadlines would be scheduled and have already had months to complete the work.” The prosecutor urges Judge Cannon, with whom his relationship has been contentious, to deny Mr. Trump’s “constitutional right to postponement.” Mr. Trump, Mr. Smith declares, is “plainly wrong” in asking for more time. 

Mr. Trump wants that May 9 date pushed back until three weeks after Mr. Bragg’s trial ends. The crux of his complaint is encapsulated by the United States Court of Appeals for the 11th Circuit: “The Sixth Amendment Right to counsel guarantees a defendant both a fair opportunity to be represented by counsel of his choice and a sufficient time within which to prepare a defense.”

That holding governs in Judge Cannon’s courtroom, as does the constitutional clause cited, that “in all criminal prosecutions, the accused shall enjoy the right … to have the Assistance of Counsel for his defense.” Mr. Trump, his motion explains, “has a constitutional right to be present at the trial in New York and, as a result, cannot participate in this work relating to important parts of his defense.”

The crux of the calendric conflict is that two of Mr. Trump’s attorneys, Todd Blanche and Emil Bove, are engaged to defend him in both Florida and New York. Outside the esoteric equations of quantum mechanics, “neither President Trump nor his counsel can be in both places at once.” Another leading attorney in Florida, Christopher Kise, will be unavailable due to a “planned and necessary medical procedure.”

Mr. Smith urges Judge Cannon away from solicitude to the request for delay. He notes that Mr. Trump “elected to engage the same counsel of record in multiple serious criminal matters, and his counsel agreed to the multiple engagements.” Having elected this arrangement, they “should not be allowed to use their overlapping engagements to perpetually delay trial in this case.” He also suggests that “capable local counsel” can step into the breach.

The special counsel warns Judge Cannon of Mr. Trump’s “true objective: delay.” He maintains that the constitutional right to counsel Mr. Trump cites “is not boundless” and that “no court has ever found it to be implicated under circumstances remotely resembling these.” He adds that Judge Merchan will only preside four days a week — Wednesday is a day off — meaning that work on the Florida case can be done midweek. 

The special counsel’s position is that “there is no support” for Mr. Trump’s request, which would result in prejudice, or harm, to “moving the case to trial.” While courts have found there is a public interest in prompt proceedings, the bedrock constitutional right to a “speedy and public trial” is granted in the Sixth Amendment to “the accused” — here, Mr. Trump.

The Sun reached out to Messrs. Blanche and Bove for comment, and did not receive a response by press time.     


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