Special counsel Jack Smith filed a short response to Donald Trump's demand to delay his trial about the 2020 election and the Jan. 6 attacks. According to Smith, there's no good reason to delay pending appeal.
"The Court should not assume at this juncture that no issue can arise that is not involved in the appeal," wrote the Justice Department team. "Likewise, nothing about the defendant’s appeal prevents the Court from continuing to enforce — including, if necessary, by ordering briefing or holding hearings — the protective orders governing discovery ... and the order imposing conditions of release on the defendant. ... In addition, while the appeal is pending, the Court can make headway on the motions already before it, including the defendant’s motions to dismiss based on statutory grounds and selective and vindictive prosecution."
Smith goes on to say that since the public is so interested, they intend to meet every deadline required to keep the case on track.
"Accordingly, the Government will provide the defendant and the Court with any notice required by the pretrial schedule, and more—including, depending on the length of the appellate process, the Government’s exhibit list, motions in limine, and other pleadings pertaining to the Government’s trial presentation," the DOJ promises. "Any filings the Government makes according to this Court’s schedule while the appeal is pending can then be promptly litigated if the Court’s order is affirmed and the mandate is returned."
