The federal judge presiding over Special Counsel Jack Smith’s case against former President Trump alleging interference in the 2020 presidential election set the trial date for March 4, 2024--right in the middle of the GOP presidential primary calendar.
Trump is the first former president in United States history to face criminal charges.
But a criminal trial against a former president who is also a candidate with a commanding lead over the GOP presidential field being set in the middle of the primary cycle is likely to cause a political firestorm.
U.S. District Judge for the District of Columbia Tanya Chutkan set the date for March 4, 2024.
Smith and the government had initially proposed the trial begin on Jan. 2, 2024, suggesting it would last approximately four to six weeks. That date would fall right at the start of the Republican presidential primaries—just weeks before the Iowa Caucuses and New Hampshire’s first-in-the-nation primary.
Trump’s defense team proposed, instead, that the trial begin in April 2026— long after the results of the 2024 presidential election.
The judge said neither date was acceptable.
Once scheduled, defense attorney John Lauro told the judge that Trump's defense team would abide by her ruling but that they would, "not be able to provide adequate representation."
"I feel the need to put that on the record," Lauro said.
Judge Chutkan said that she understood Lauro’s position but then added that she would issue an order with a pre-trial schedule.
There was a brief discussion in the courtroom of whether the defense team planned on polling citizens of the District of Columbia in an effort to determine whether to submit a motion for a change of venue.
Judge Chutkan said she would be, "watching very carefully for anything which might poison the jury pool."
Lauro said the defense had not started such polling, but given the accelerated schedule for a trial, they may begin to do so, and said that he had never seen a judge restrict such action.
Judge Chutkan replied that she had no intention to restrict anything of the sort, but that she would be protective of the District of Columbia’s jury pool.
The trial date comes after Smith investigated whether Trump was involved in the Capitol riot on Jan. 6, 2021 and any alleged interference in the 2020 election result.
On Aug. 1, Trump was indicted on four federal charges out of Smith's Jan. 6 probe.
Trump pleaded not guilty to all charges, which included conspiracy to defraud the United States; conspiracy to obstruct an official proceeding; obstruction of and attempt to obstruct an official proceeding; and conspiracy against rights.
Separately, Trump pleaded not guilty to all 37 felony charges out of Smith's classified records probe. The charges include willful retention of national defense information, conspiracy to obstruct justice and false statements.
Last month, on July 27, Trump was charged with an additional three counts as part of a superseding indictment out of Smith’s investigation — an additional count of willful retention of national defense information and two additional obstruction counts.
A federal judge in Florida has scheduled a trial date for May 20, 2024.
President Biden is also under special counsel investigation for his alleged improper retention of classified records. The status of Special Counsel Robert Hur's probe is unclear.
