Former President Donald Trump is demanding that the court indefinitely delay his Espionage Act trial to give him breathing room to campaign — which earned a strong rebuke filing from special counsel Jack Smith, pointing out that this violates federal law. Even so, some experts are concerned Judge Aileen Cannon, a Trump appointee with a history of controversial interventions in this very case on Trump's behalf, could be sympathetic to his request.
But if she does actually grant an indefinite delay, said Florida state attorney Dave Aronberg on MSNBC Friday, it would be swiftly reversed on appeal.
"Let's talk about this trial," said anchor Katie Phang, herself an attorney. "You and I have tried a lot of cases through our careers. We know what it's like with a pending trial date. Trial dates get set so you can walk back from that. Let's say it's set in December, deadlines get set to make it to trial in December. What is your call as to what you think the Judge will do? She originally set an August case. The DOJ is asking to continue to December. How realistic do you think it is that she said that's another four-plus months and I agree with the DOJ?"
"I think this is Judge Cannon 2.0," said Aronberg. "She ruled every time for Donald Trump, and had to get repudiated by the Eleventh Circuit Court of Appeals." As a result of that, Aronberg predicted, "I think she's been chastened."
"I do not think she's going to give Trump's request," said Aronberg. "I think the DOJ's request for December is a bit expedited, but I think that the judge is more likely to postpone it bit by bit bit, essentially could be death by a thousand paper cuts, where it could be delayed little by little, but to give what Trump says, postpone it indefinitely, I think that's ridiculous and that would get her reversed."
"In the Department of Justice's reply in support of its continuance, it actually cites the Eleventh Circuit activity that happened," said Phang. "Trump's side says there's all these issues of law that need to be adjudicated, and the DOJ says the novel issues have been dealt with by the Eleventh Circuit already. Do you think they — that the judge will have an out provided to her to be able to give time to Donald Trump's side to process all those classified documents?"
"I do think it's going to be tough to try this case before the election, because of all the classified documents," said Aronberg. "You have to get clearances. The tie always goes to the defendant. They'll always give more time to the defendant based on the Sixth Amendment right to a fair trial. They shouldn't give an indefinite postponement. I still think it's possible before the election, just not all that likely — I mean Trump's strategy all along is to delay delay delay, so his — what was that comment you mentioned earlier? It's just ridiculous where he's trying to say, look, although my arguments are against the law, they're novel. I want, as a prosecutor, to go against the law and say, no, no, I'm not going against sitting law, this is novel. No. Wrong is wrong and Trump is trying to delay things."
Dave Aronberg says Aileen Cannon will be reversed if she indefinitely delays trialyoutu.be
