Former President Donald Trump is not pleased with Special Counsel Jack Smith's proposed date for the beginning of his January 6 trial, furiously arguing that the trial should only take place after the 2024 election.
Smith proposed in a court filing on Thursday that Trump's trial should begin on January 2, 2024—making it the first of three felony trials next year against the former president, who is currently campaigning as the Republican front-runner in next year's presidential election.
Trump, who has pleaded not guilty to all charges and claims to be the "persecuted" victim of a "witch hunt," called Smith a "lunatic" while lashing out in a Truth Social post shortly after the request was made, complaining that the criminal proceedings would interfere with his campaign for president.
"Deranged Jack Smith has just asked for a trial on the Biden Indictment to take place on January 2nd., just ahead of the important Iowa Caucuses," Trump wrote. "Only an out of touch lunatic would ask for such a date, ONE DAY into the New Year, and maximum Election Interference with IOWA!"
"Such a trial, which should never take place due to my First Amendment Rights, and massive BIDEN CORRUPTION, should only happen, if at all, AFTER THE ELECTION," he added. "The same with other Fake Biden Indictments. ELECTION INTERFERENCE!"
Smith's office declined comment regarding Trump's Truth Social post, while providing Newsweek with a copy of the court filing requesting the January 2 date and highlighting a section that argues a "speedy trial" is in "the public's strong interest."
"A January 2 trial date would vindicate the public's strong interest in a speedy trial," the filing states. "[A speedy trial is] of particular significance here, where the defendant, a former president, is charged with conspiring to overturn the legitimate results of the 2020 presidential election, obstruct the certification of the election results, and discount citizens' legitimate votes."
Smith estimates that Trump's trial will take "no longer" than four to six weeks to complete, while arguing that the proposed start date provides plenty of time for Trump's team to "to review the discovery in this case and prepare a defense."
Read the full filing below:
Trump's lawyers have yet to submit a counterproposal but are likely to seek a delay to the start of the trial. U.S. District Judge Tanya Chutkan is expected to set the trial date in a court hearing on August 28.
The former president's insistence on the trial only taking place after the 2024 election is completed could, in theory, allow for him to pardon himself if he were to be both convicted and win the election.
However, it is not entirely clear whether presidents actually have the power to pardon themselves and the maneuver would almost certainly be subject to court review.
Presidents definitively do not have the power to pardon state crimes, meaning that a re-elected Trump would be unable to reverse a conviction following his New York felony trial, set to begin March 25, or resulting from his potential criminal prosecution in Georgia.
Uncommon Knowledge
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Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
About the writer
Aila Slisco is a Newsweek night reporter based in New York. Her focus is on reporting national politics, where she ... Read more
