DOJ Rips Trump's Request to Delay Trial: 'No Basis in Law or Fact'

Former President Donald Trump's request to postpone his federal trial until after the next presidential election has "no basis in law or fact," according to the Department of Justice (DOJ).

Trump's legal team requested that the trial be delayed until after the November 2024 election earlier this week, citing concerns about seating "an impartial jury" prior to the election and the former president needing to spend a "tremendous amount of time and energy" in his attempt to return to the White House.

U.S. District Court Judge Aileen Cannon originally scheduled the trial to begin in August. The DOJ later requested that the proceedings begin in December. A DOJ filing on Thursday rejected Trump's call for a further delay as baseless, asking the court to schedule jury selection to begin on December 11.

In the filing, the DOJ argues "there is no reason to credit the claim" of an inability to select an impartial jury this year, arguing the "challenge to select a jury will not appreciably change after the completion of the election."

The DOJ goes on to argue that "the demand of" Trump's campaign schedule does "not provide a basis to delay trial in this case," while also rejecting similar claims concerning the purportedly crowded schedules of Trump's lawyers.

Newsweek reached out to Trump lawyers Chris Kise and Todd Blanche via email for comment on Thursday.

The DOJ's filing was signed by Special Counsel Jack Smith, whose investigation into Trump's post-presidency handling of classified documents led to the former president being charged with 37 related felony counts. Trump pleaded not guilty to all charges during his arraignment last month.

The decision on whether to grant the delay will ultimately fall to Cannon, who was appointed by Trump and has faced calls to recuse herself over alleged bias in favor of the former president. However, a number of legal experts suggested that the DOJ's filing made a strong case on Thursday.

"Special Counsel Jack Smith just came out swinging," former federal prosecutor Glenn Kirschner tweeted. "He clearly understands that Justice IS a full-contact sport."

"Jack Smith has responded to Trump's request that the judge forego setting a trial date in the Mar-a-Lago prosecution & it's a doozy," tweeted former federal prosecutor Joyce Vance. "Interestingly, he's no longer President Trump, Smith just refers to him as 'Trump.' Just like any other criminal defendant."

Renato Mariotti, also a former federal prosecutor, tweeted, "Jack Smith's arguments are good" but suggested that Trump's attempt to delay the trial would likely succeed, writing, "Most judges would not push this case faster than a typical complex case of its type, which is what Smith is asking for."

Regardless of the eventual trial date in the classified documents case, the former president and his legal team are likely to spend a considerable amount of time in court before the election.

New York Attorney General Letitia James' $250 million civil trial involving Trump, two of his children and the Trump Organization is expected to begin in October. The ex-president's felony criminal trial for allegedly falsifying business records in New York is also set to begin in March 2024.

Smith's ongoing investigation of Trump's role in the January 6 attack on the U.S. Capitol could yield further federal criminal charges, while a grand jury in Georgia is soon expected to vote on recommending potential charges related to Trump's attempts to overturn the 2020 election result.

Trump has denied all wrongdoing.