Attorneys for former President Donald Trump signaled that the former president may attend a court hearing this week where they are set to argue that he has presidential immunity and other defenses in a bid to dismiss a case prosecuted by special counsel Jack Smith on March 14. But, they argue, the case overlaps with the upcoming trial in a second criminal case in New York, and they won’t be able to meet this week’s deadline for certain court filings.
Among the reasons listed by the defense attorneys requesting a delay are travel by legal counsel and defendants to Fort Pierce, Florida, to attend the hearing.
This would constitute a 10-day extension, as they were given a March 14 morning deadline to file replies ahead of the hearing. Attorneys said they plan to file some of them, relating to the Presidential Records Act and Espionage Act, on the afternoon of March 13.
In the U.S. District Court for the Southern District of Florida, President Trump was charged with 40 counts related to allegedly mishandling classified documents. Trial is scheduled for May 20, although the judge is considering a delay.
Defense attorneys have also argued that they need time to prepare for oral arguments—time that they would otherwise use to prepare the court filings.
Also, “President Trump and counsel are currently preparing for a trial in New York, New York, that is scheduled to begin on March 25, 2024,” attorneys added, in part blaming the “discovery violations and strategic scheduling demands” by the special counsel that have “prejudiced President Trump in multiple respects.”
Defendants Walt Nauta and Carlos De Oliviera are also scheduled to review physical evidence on March 12 while coordinating with prosecutors to get access to additional material to use to file a reply in a motion to dismiss based on selective and vindictive prosecution.
“The Defendants have no intention of causing unnecessary delay in these proceedings,” President Trump’s attorneys argued. “Allowing additional time to file reply submissions that meaningfully address the opposition filings by the Special Counsel’s Office will contribute to the orderly resolution of the pending motions.”
Hearing This Week, Trial This Month
Trump attorneys have a busy month, especially as a number of them are working on multiple cases.The request for extension in the classified documents case was filed by attorney Todd Blanche, who is also involved in the criminal case in New York with a March 25 trial date, and Christopher Kise, who is representing President Trump in a civil case in New York that is being appealed.
Last month, New York Supreme Court Justice Juan Merchan held a scheduling conference for the criminal case, during which Mr. Blanche petitioned for more time to file pretrial motions, citing overlap with other Trump cases.
Separately, President Trump has a little more than a week to post bond of more than $450 million to appeal a civil fraud case judgment passed last month. If his other case calendars are anything to go by, the appeals court may also set a demanding schedule.
Also in New York, President Trump is appealing two cases in federal court brought against him by writer E. Jean Carroll, who accused him of sexual assault and defamation in two lawsuits rendering penalties of $5 million and $83 million, respectively.
President Trump recently posted bond of more than $91 million to appeal the defamation verdict and obtain a stay on enforcement of the penalty, but it has yet to be approved by a judge, who is letting Ms. Carroll make any objection by March 11 before he enters a decision.
