DOJ Calls Trump’s Delay Tactics ‘Exactly Backward’ and Defense ‘Borderline Frivolous’

Prosecutors are not amused by the 45th president’s attempts to squirm out of accountability for the theft of national defense and classified documents.

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On Thursday, the Special Counsel’s office prosecutors replied to Trump’s efforts to indefinitely postpone his criminal trial date in the defense and classified documents case and to use the Presidential Records Act as a defense.

“There is no basis in law or fact for proceeding in such an indeterminate and open-ended fashion, and the Defendants provide none,” they wrote.

“For the reasons discussed below and in the Government’s Motion, the Court should reset the trial date in this action for December 11, 2023.”

Prosecutors cited the Speedy Trial Act of 1974, saying that while the defendants chided the government for wanting an “expedited” trial, they have it “exactly backward,” as: “A speedy trial is a foundational requirement of the Constitution and the United States Code, not a Government preference that must be justified.”

To be fair, Donald Trump has never demonstrated even the faintest of familiarity with the U.S. Constitution, and his (probably) unpaid, beleaguered lawyers will likely be unable to educate him on this matter.

The government cites some facts (rarely a good moment for the former president):

“The very first sentence of the Act forecloses Defendants’ proposal here:

In any case involving a defendant charged with an offense, the appropriate judicial officer, at the earliest practicable time, shall, after consultation with the counsel for the defendant and the attorney for the Government, set the case for trial on a day certain, … so as to assure a speedy trial. 18 U.S.C. § 3161(a).”

Both defendants Trump and his valet Nauta have claimed that they cannot receive a fair trial prior until *after* the 2024 election. Please insert eye roll here, because we all know that if Trump were to win, this prosecution would be canceled immediately. We see you, 45.

Prosecutors called Trump’s claim that the Presidential Records Act offers him a defense to the criminal charges he faces “borderline frivolous.”

As for the Presidential Records defense Trump keeps nattering on about, prosecutors call this bordering on frivolous, which demonstrates remarkable restraint. “As for the impact of the Presidential Records Act on this prosecution, any argument that it mandates dismissal of the Indictment or forms a defense to the charges here borders on frivolous.”

They cited:

“The PRA is not a criminal statute, and in no way purports to address the retention of national security information. The Defendants are, of course, free to make whatever arguments they like for dismissal of the Indictment, and the Government will respond promptly. But they should not be permitted to gesture at a baseless legal argument, call it “novel,” and then claim that the Court will require an indefinite continuance in order to resolve it.”

ALSO, they add:

“Moreover, even if the Court were to conclude that these legal issues were novel, the Act requires more: the issues must be novel such that “it is unreasonable to expect adequate preparation for pretrial proceedings or for the trial itself within the time limits established by this section.”

The government has clearly familiarized itself with Donald Trump’s standard operating procedure when faced with legal issues and now mounting indictments. Trump’s first move is always to delay delay delay, while poisoning the jury pool with constant accusations of “witch hunt” and political persecution.

In truth, Trump has very little defense to offer for his theft of these defense documents, and even less for his sharing of them with others who don’t have any clearance to see them.

Trump’s actions have endangered United States’ national security, public safety, and the safety of our troops and assets. Others who’ve done 1/10 of what he is accused of doing have faced far worse consequences and were not afforded endless delays for any reason, let alone wanting to run for president.

Donald Trump is from this point forward to be known “Borderline Frivolous, Exactly Backward.”

Sarah Jones

Listen to Sarah on the PoliticusUSA Pod on The Daily newsletter podcast here.

Sarah has been credentialed to cover President Barack Obama, then VP Joe Biden, 2016 Democratic presidential candidate Hillary Clinton, and exclusively interviewed Speaker Nancy Pelosi multiple times and exclusively covered her first home appearance after the first impeachment of then President Donald Trump.

Sarah is two-time Telly award winning video producer and a member of the Society of Professional Journalists.

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