The special counsel’s office has asked for Donald Trump to be tried in December in the Mar-a-Lago documents matter, because of how classified records must be handled carefully within the criminal case.
A federal judge previously put the trial on the calendar for mid-August but a delay to the date was expected. December, however, is not yet a firm date, and the Trump team may ask for a different schedule.
The request from prosecutors on Friday came amid a trio of new filings governing preparations to be done on the case before trial by both the Justice Department and Trump’s defense team.
“This case is not so unusual or complex … because it has only two defendants, involves straightforward theories of liability, and does not present novel questions of fact or law. However, the case does involve classified information and will necessitate defense counsel obtaining the requisite security clearances,” prosecutors wrote in the filing.
“In addition, the associated legal process under the Classified Information Procedures Act will inject additional time into the leadup to trial that otherwise would not be involved,” they continued.
In setting an initial date for the criminal trial of Trump earlier this week, District Judge Aileen Cannon noted that the parties could ask to push back the trial date because of the complexities of the case and issues related to classified information.
In the US District Court for the Southern District of Florida, where Trump and co-defendant Walt Nauta are charged, a trial date is set by the federal district judge as a placeholder.
Trump has pleaded not guilty to 37 charges related to alleged mishandling of classified documents, and Nauta is set to be arraigned next week.
The special counsel’s office also said in a court filing Friday night that it has given Turmp and Nauta the list of witnesses with whom they should not discuss the Mar-a-Lago documents case.
Trump’s team indicated the list is 84 names long, according to the court filing.
Prosecutors provided the list to Trump’s team on Thursday, the filing said, and now wants the court to have the list as well under seal. Trump’s team could still argue against some names on the list.
The list is part of Trump and Nauta’s terms of release as they await their criminal trials. If they violate the court’s order of discussing the case with people on the list, they could be held in contempt or detained.
The list doesn’t encompass all possible trial witnesses in the case, the DOJ noted.