Special Counsel Jack Smith seeks postponement of Trump’s classified documents trial.

Special Counsel Requests Delay in Trial Involving Former President Donald Trump

Special Counsel Jack Smith has requested a delay in the classified documents trial involving former President Donald Trump, proposing a new trial start date of Dec. 11.

The request asks for the trial to be delayed by four months because there is classified information involved. To handle this information, Trump’s lawyers need to get security clearances, and that process takes time.

Interim security clearances are currently being processed and should be granted within 48 hours after Trump’s lawyers submit the required forms. However, obtaining the final clearance to access a few specific classified documents may take anywhere from 45 to 60 days.

On Tuesday, U.S. District Judge Aileen Cannon set the trial date for Aug. 14, which is about seven weeks away. Although defendants have the right to a prompt trial, there are situations where parties can ask for more time, as is the case here.

To access most of the classified information relevant to the case, Trump’s lawyers need security clearances. Smith stated that he has conferred with Trump’s attorneys, and they have expressed no opposition to the delay in the trial date. However, it is anticipated that Trump’s legal team will submit their own motion expressing their concerns and objections to the government’s suggested dates.

Smith’s motion noted that the government has promptly provided unclassified discovery materials to the defense, including evidence obtained through subpoenas, warrants, grand jury testimony transcripts, witness interviews, relevant documents, and closed-circuit television footage obtained during the investigation.

“Even with the prompt production the government has arranged, the inclusion of additional time for defense counsel to review and digest the discovery, to make their own decisions about any production to the government, and for the government to review the same, is reasonable and appropriate,” the motion states (pdf).

Request for Classified Information Security Officer

The motion clarifies that the Classified Information Procedures Act (CIPA) has implications for the trial proceedings, as it introduces additional time requirements specific to cases involving classified information. Under CIPA, parties can request a pretrial conference to discuss any possible issues related to the prosecution of the case concerning classified information.

Because the case against Trump contains classified defense material, Smith also filed a motion (pdf) requesting a pretrial conference and the appointment of a Classified Information Security Officer. According to the motion, CIPA will determine how the court manages the discovery of classified information and establishes guidelines for determining the admissibility of such information in the trial.

Smith’s motion stresses the importance of adhering to the procedures outlined in CIPA to ensure a fair and just trial.