As former President Donald Trump continues to face legal proceedings over the government’s classified documents case against him, legal experts have identified a potential “red flag” that could see a federal judge appointed by Trump taken off the case.
Special counsel Jack Smith has filed a motion to move the trial date from August to December, which may enable Trump to extend the proceedings beyond 2021 and into 2024.
Here is what this could mean for the former president.
Under the Speedy Trial Act, prosecutors have 70 days from arraignment date to prosecute Trump.
The act allows certain delays that usually favor defendants however, his legal team is likely to request additional delays in order to extend proceedings beyond 2021.
Joyce Vance of Civil Discourse noted on her Substack page that if Trump objects to a December trial and asks for a later date after January 1st of next year, then “the government will undoubtedly demand a ruling that he cannot use rallies, campaign events, and primary dates as an excuse for further delay.”
Prosecutors have argued in court filings that there are no unique legal or factual complexities in this case since it involves only two defendants – making it straightforward.
Therefore, they are likely to argue against any additional leeway granted by Judge Aileen Cannon when deciding on whether or not to grant further delays requested by Trump’s legal team.
Vance also noted here concern that if Cannon grants continued delays without good reason (i.e., something more than just campaigning), then this could draw attention and scrutiny as she would be granting preferential treatment that other defendants can’t receive – thus creating suspicion around her ability to handle such an important case fairly and unbiasedly.
Cannon has signaled that she will preside over the trial at Fort Pierce courthouse- located at northern end of Southern District of Florida – where she usually sits.
One swing county and four solid red counties make up this region’s jury pool – meaning heavily favored towards Republicans/Trump supporters.
It should be noted here too though that while Cannon has left open possibility of moving the trial venue elsewhere, if it stays within Fort Pierce area, then the outcome looks favorable towards the former president.
