Trump Lawyers Made a 'Stunningly Stupid' Move, Former Judge Says

Donald Trump's legal team made a "stunningly stupid" mistake while arguing that his trial in Washington, D.C., should be postponed until 2026, according to retired Judge LaDoris Hazzard Cordell, but the former president's lead lawyer has rejected the criticism.

U.S. District Judge Tanya Chutkan on Monday set a March 4, 2024, start date for Trump's federal felony trial on charges related to alleged attempts to overturn the 2020 presidential election outcome and the subsequent January 6 attack on the U.S. Capitol. Trump's legal team had requested that the trial start in April 2026 instead. Lead lawyer John Lauro reportedly protested in court on Monday that the earlier date meant Trump would not receive an "adequate" defense.

While arguing for the delay in a filing earlier this month, Lauro and his colleagues cited Powell v. Alabama, a 1932 Supreme Court case that reversed convictions for nine young Black men who had been accused of raping two white women in Scottsboro, Alabama. The Court's decision in Powell v. Alabama was due in part to the defendants not being given sufficient time to prepare an adequate defense.

Cordell, who formerly served on the California Superior Court, argued during a CNN interview on Monday that the March 4 trial date was "absolutely fair." She denounced Trump's legal team for citing Powell v. Alabama, noting that the young men accused in the 1932 case were sent to trial in roughly a week, while Trump's team was being given more than six months to defend the former president.

"The moment in that hearing that struck me, I only have two words to describe it: 'stunningly stupid,'" Cordell said. "When Trump's attorney compared their desire to delay the case to what happened in the case of Powell v. Alabama...what the Trump team did was say that, 'Well, what happened in that trial is what could happen here in this trial.' Which is absolutely absurd."

"The Scottsboro boys were indicted and were on trial six days later, not even given the opportunity to choose their attorneys," she continued. "In this case, there was an indictment, but the trial date is seven months out. [Trump] has experienced lawyers, a whole team of investigators."

The former judge went on to suggest that Trump's lawyers might have recklessly ignored the racial implications of Powell v. Alabama when making a "ridiculous" comparison between the cases. Cordell, who is a Black woman, pointed out that Chutkan is also a Black woman.

"If you want to alienate a judge in a case, this was exactly what to do," said Cordell. "A female judge, a Black judge...and to talk about that case and compare it to Trump's case was absurd."

"Judge Chutkan really took them up on it and said this case is entirely different," she added. "I think she was absolutely offended. It was really a stunningly stupid thing to do."

Lauro rejected Cordell's criticism.

"We were ethically and professionally required to advise the court of leading constitutional authority regarding the Sixth Amendment right to counsel," he told Newsweek.

"The Powell case is one of the leading Supreme Court decisions in this area and supports the proposition that the right to counsel applies to all citizens - regardless of race, gender, or creed. The landmark decision was cited for its foundational proposition of law, not for any factual parallels. To suggest that it is 'stupid' to cite controlling case law is not only ridiculous, but misleads the public as to the responsibility of counsel to state the law accurately in all pleadings filed with the Court."

Trump vowed to appeal Chutkan's trial date in a post to Truth Social on Monday, while calling her a "Trump hating judge" who is aiding a "corrupt" and politically motivated "witch hunt" against him.

The former president has pleaded not guilty to all four felony counts in the D.C. case and maintains his innocence in each of the four criminal indictments he has faced this year, claiming to be the victim of 2024 "election interference."

Update, 08/29/2023, 4:15 p.m. ET: This article was updated with a response from John Lauro.