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Agreeing to a proposed trial date in the classified documents case could be a "double-edged sword" for Donald Trump, according to former federal prosecutor Joyce Vance.
The former president is currently facing 37 criminal charges in the case following an extensive investigation by the Department of Justice and special counsel Jack Smith. Among those charges are 31 counts of willfully retaining documents containing sensitive and classified information about the defense and nuclear capabilities of the U.S. and foreign nations, a violation of the Espionage Act.
The case is being overseen by a Trump appointee, Judge Aileen Cannon, who has ruled favorably towards the former president in the past, raising suspicions from the legal community about her motivations. Cannon initially set an August trial date, but on Friday, the DOJ requested a delay until December 11, in order for Trump's lawyers to obtain security clearance.
Vance, a former U.S. Attorney for the Northern District of Alabama during the Obama administration, wrote in a Substack post on Sunday that accepting or rejecting the December start date could be "a bit of a double-edged sword for Trump."
She said that Trump is unlikely to accept the proposed date, "at least not without the intention of asking for a continuance as that date gets closer."
Many observers have expected Trump to try and delay the trial as much as possible, potentially allowing him to squash the case altogether should he win back the presidency in 2024.
Trump is currently leading the growing pack of candidates for the 2024 presidential nomination, with polls regularly giving him a double-digit lead over his closest competitors, Florida Governor Ron DeSantis and his former Vice President Mike Pence.
General election polls are less definitive, with some giving him a lead in a proposed rematch against Joe Biden, and others giving the incumbent Democrat the edge.
Vance wrote that pushing back against the date could result in additional troubles for Trump as the court works to ensure a speedy trial.
"If Trump objects to a December trial and asks for a date after the first of the year, the government will undoubtedly demand a ruling that he cannot use rallies, campaign events, and primary dates as an excuse for further delay," she said.
"Since it would be entirely reasonable, under the government's proposed schedule, to try the case in December, if Trump asks for additional leeway and the Court grants it, there is no reason it shouldn't come with conditions that ensure the people get their right to a speedy trial."
Newsweek reached out to Trump's press team via email for comment.
About the writer
Thomas Kika is a Newsweek weekend reporter based in upstate New York. His focus is reporting on crime and national ... Read more