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“Miscarriage of justice”: Trump’s legal team fights to postpone documents trial indefinitely

The former president's lawyers submitted an eleventh-hour filing asking to postpone his criminal trial

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Former U.S. President and Republican presidential candidate Donald Trump delivers remarks at a Nevada Republican volunteer recruiting event at Fervent: A Calvary Chapel on July 8, 2023 in Las Vegas, Nevada. (Mario Tama/Getty Images)
Former U.S. President and Republican presidential candidate Donald Trump delivers remarks at a Nevada Republican volunteer recruiting event at Fervent: A Calvary Chapel on July 8, 2023 in Las Vegas, Nevada. (Mario Tama/Getty Images)

Donald Trump’s lawyers are seeking to delay the former president’s Mar-a-Lago documents trial indefinitely, arguing in a filing that starting the trial within six months of Trump’s criminal indictment over his role in mishandling classified documents would be a “miscarriage of justice.”

The filing, which The New York Times reported was submitted a mere half-hour ahead of its Tuesday midnight deadline, also alleged that “The Government appears to favor an expedited (and therefore cursory) approach to this case.” The Justice Department and prosecutors working under special counsel Jack Smith have requested a December 11 trial date, while Trump-appointed Judge Aileen Cannon had slated an unprecedently early date in August. 

“The Court now presides over a prosecution advanced by the administration of a sitting President against his chief political rival, himself a leading candidate for the Presidency of the United States,” the brief, authored by Trump attorneys Chris M. Kise and Todd Blanche, reads.

“Therefore, a measured consideration and timeline that allows for a careful and complete review of the procedures that led to this indictment and the unprecedented legal issues presented herein best serves the interests of the Defendants and the public.”

Trump’s legal team also implied that the trial would be disruptive to his presidential campaign efforts, writing, “President Trump is running for president of the United States and is currently the likely Republican Party nominee. This undertaking requires a tremendous amount of time and energy, and that effort will continue until the election on Nov. 5, 2024.” 

The Hill reported that lawyers for Walt Nauta, the ex-president’s personal valet who was also indicted in connection with the Mar-a-Lago scandal, helped pen the filing. 


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Mr. Nauta’s job requires him to accompany President Trump during most campaign trips around the country,” they wrote. “This schedule makes trial preparation with both of the defendants challenging. Such preparation requires significant planning and time.”

According to The Times, Trump’s legal team used the troves of discovery evidence provided to them by the government as reasoning for why the trial should be postponed. With the first discovery disclosure containing more than 833,450 pages of material, the former president’s lawyers stated that they would make further requests to the government for additional information. 

By Gabriella Ferrigine

Gabriella Ferrigine is a former staff writer at Salon. Originally from the Jersey Shore, she moved to New York City in 2016 to attend Columbia University, where she received her B.A. in English and M.A. in American Studies. Formerly a staff writer at NowThis News, she has an M.A. in Magazine Journalism from NYU and was previously a news fellow at Salon.


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