The special counsel's office on Thursday doubled down on its call for Judge Cannon to set an important Feb. 2 deadline that can kickstart the vetting of potential jurors
Special Counsel Jack Smith's office continued feuding with Donald Trump's lawyers on Thursday over how fast to get moving on preparations for convening a jury in the South Florida federal felony case on charges the former president mishandled classified documents after leaving the White House.
In a four-page brief, Smith counselor Jay Bratt argued his team continues to work toward a potential May 20, 2024, trial in Fort Pierce, Fla. That includes preparations and distribution of a jury questionnaire that the special counsel wants U.S. District Judge Aileen Cannon to sign off on with a Feb. 2 deadline for both parties to jointly submit a proposal, along with their areas of disagreement.
Trump's lawyers on Wednesday night complained that making such plans were "premature" and argued that Smith's team was "wasting the Court's resources" at the same time the defense was working through discovery and preparing its own motions that could lead to changes in what kinds of questions to ask of potential jurors.
Bratt countered Thursday that the Trump legal team's filing was "long on rhetoric and baseless accusations that do not merit a response." Even so, the special counsel lawyer said it would put on paper again its reasons for making the original request to Cannon.
"When the Government learned of the time necessary to send a questionnaire to prospective jurors, the Government felt it prudent to bring the issue to the Court’s and defendants’ attention through the only appropriate channel available: a motion," Bratt wrote.
Bratt added that any changes to the questionnaire "are simple to amend," including how long the trial might last and its start date.
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Other items Trump's legal team flagged to Cannon aren't proper to bring up during jury vetting "and in any event would form but a fraction of the questions the questionnaire would contain," Bratt wrote.
"More to the point, defendants’ breathless castigation of the Government for suggesting the parties engage on jury questionnaires before resolution of pretrial motions ignores that the same was true in cases the Government cited in its motion," he added, citing two cases from South Florida.
"It is economical and a good use of time to begin the process of drafting a questionnaire now," Bratt concluded.
Trump was indicted in June on federal charges in South Florida for alleged willful retention of sensitive national security information at his Mar-a-Lago resort. After a superseding indictment in late July related to alleged obstruction efforts, Trump is now facing 40 felony counts in the case. The former president also has two-codefendants who have also pleaded not guilty: longtime body man and former White House valet Walt Nauta, and Mar-a-Lago maintenance worker Carlos De Oliveira.
Cannon issued an order in November pushing back key pre-trial deadlines, and noting that the trial's currently scheduled May 20 start date will be "considered at a scheduling conference on March 1, 2024."