A late-night joint standing report confirmed that Donald Trump is attempting to delay his federal 1/6 trial till the Spring-Fall of 2025, however Particular Counsel Jack Smith has different concepts.
The Particular Counsel wrote within the joint standing report:
The defendant additionally intends to file a movement to dismiss the superseding indictment on the premise that the grand jury that returned it was uncovered to immunized conduct. As a result of consideration of that movement would require the Court docket within the first occasion to make the very determinations described above, the Authorities believes that the Court docket ought to contemplate the defendant’s grand jury declare solely after conducting the fact- and context-specific evaluation of whether or not the superseding indictment comprises immunized conduct.
To do in any other case can be inefficient for this Court docket as a result of it will entail successive rounds of immunity determinations and would pose the chance of a number of rounds of interlocutory appellate assessment, one after every set of the Court docket’s immunity determinations. The Authorities is ready to file its opening immunity transient promptly at any time the Court docket deems acceptable.
• Different Motions. The defendant plans to file further motions to dismiss. The Court docket has indicated that it’ll conduct its immunity determinations earlier than resolving different points. See, e.g., ECF No. 197. The Authorities notes that it could promote judicial financial system for the Court docket to schedule briefing of all different Rule 12 motions concurrent with the immunity litigation. That approach, all motions will probably be totally briefed, and the Court docket can later decide when to take them into account. If the Court docket units a deadline for the defendant’s different Rule 12 motions, the Authorities requests that the Court docket set the identical date for the defendant’s opening briefs as for the Authorities’s opening immunity transient, adopted by parallel opposition and reply deadlines.
The defendant’s proposed schedule additionally contemplates a separate deadline and motions apply relating to discovery. The Authorities doesn’t see a cause to delay immunity determinations and different pretrial litigation to individually deal with the protection’s pending or proposed discovery motions.
The Trump protection crew argued that it will take a really very long time to get by means of all the procedural motions, so they’ll want at the least a 12 months earlier than the trial can proceed. Jack Smith isn’t enjoying any of these video games, so the Particular Counsel needs a extra compressed schedule that may permit the case to maneuver ahead as shortly as attainable.
Decide Chutkan has already signaled that she needs to maneuver ahead shortly, so of the 2 proposed schedules, it’s a protected wager that the Particular Counsel’s proposed schedule will probably be chosen and Trump’s newest effort to delay will go down in flames.
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Awards and Skilled Memberships
Member of the Society of Skilled Journalists and The American Political Science Affiliation
