Donald Trump has his own plan to fight back against the legal lawfare Joe Biden and the Democrats have waged against him.
And Trump’s strategy just got put to its first test.
Donald Trump delivered a courtroom stunner that will drive the Democrats insane.
Special counsel Jack Smith proposed a January 2 trial date in his case charging Trump with criminal offenses over Trump exercising his First Amendment right to challenge the results of the 2020 election.
That trial date comes two weeks before the Iowa Caucuses and three weeks before the New Hampshire primary.
Holding Trump’s trial during this time period would guarantee that Trump can’t campaign in the critical final weeks before voters cast their ballots.
Democrats charged Trump in D.C. because they know the outcome is predetermined.
Smith claims the trial would take around two months meaning a D.C. jury of 12 Democrats would hand down their guilty verdict just in time for the March 5 Super Tuesday primaries.
Trump had a chance to answer this schedule and his team proposed an April 2026 trial date citing the volume of evidence Smith turned over in discovery as well as the normal time it takes for a federal case to go to trial.
Smith’s team turned over 11.5 million documents which Trump’s lawyers explained would mean “we would need to proceed at a pace of 99,762 pages per day to finish the government’s initial production by its proposed date for jury selection. That is the entirety of Tolstoy’s War and Peace, cover to cover, 78 times a day, every day, from now until jury selection.”
Trump’s lawyers argued that Smith’s timeline is more rapid than even a simple misdemeanor case and that holding a January 2 trial would dent President Trump’s constitutional right to put on the best defense possible as it is not possible to analyze and investigate the evidence the government turned over in just four months.
“In this District, ordinary order when faced with such overwhelming discovery is to set a reasonable trial schedule, commensurate with the size and scope of discovery and complexity of the legal issues. The government rejects this sensible approach. Instead, it seeks a trial calendar more rapid than most no-document misdemeanors, requesting just four months from the beginning of discovery to jury selection. The government’s objective is clear: to deny President Trump and his counsel a fair ability to prepare for trial. The Court should deny the government’s request,” the motion added.
The Obama judge overseeing the case also said her desire is to treat Donald Trump like any other defendant.
If that is the case, Trump’s lawyers argued, then the judge should follow the normal timeline for a federal case which takes 29 months from the time the government brings charges to when the trial commences.
“Indeed, the median time from commencement to termination for a jury-tried § 371 charge is 29.4 months—many times longer than the government’s proposal schedule.12 (And this reflects only the median, meaning half of all such cases take more time based on individualized assessments of discovery volume, complexity, and similar concerns,” the filing continued.
Even liberal legal analysts like CNN’s Elie Honig conceded that Doanld Trump had a point in asking to delay the start of the trial.
Honig stated that “Donald Trump does, in his brief, make a compelling argument that DOJ’s request that we start four months from now in January is also wildly unrealistic. As you said, Trump points out there’s 11 million documents here. He almost physically can’t go through that in enough time. He also makes an interesting point that the average federal conspiracy case, run-of-the-mill, takes about two years to get to trial, and in fact, some of the people who stormed the Capitol, fairly straightforward cases, were given two or so years up until trial.”
Jack Smith clearly wants to interfere in the 2024 election by holding a trial right before the Iowa Caucuses.
The ruling by the judge on the start date of the trial will be an early test if Donald Trump can get a fair trial or if this is a kangaroo court.