Lawyers launch bid to hold up Jan. 6 case

WASHINGTON – As a stone-faced former President Donald Trump looked on Thursday, his attorneys announced their intent to drag out his latest trial as long as possible, to the dismay of federal prosecutors.

The 77-year-old’s lead defense lawyer, John Lauro, told Magistrate Judge Moxila Upadhyaya during Trump’s arraignment on charges he illegally attempted to remain in power despite losing the 2020 election that Lauro’s team would need a long but yet-unknown length of time to work up Trump’s defense “in order to ensure our client’s constitutional rights.”

“These are weighty issues,” Lauro said.

“In order to provide [Trump] a fair defense, we ask for the exclusion of speedy trial.”

“There’s no question that Mr. Trump has a right to a fair and just trial,” he added.

Prosecutor Thomas Windom challenged Lauro’s request, telling Upadhyaya that “this case – just like any other case – will benefit from normal order, including a speedy trial.”

But Lauro said it would be “somewhat absurd” to schedule the unprecedented proceedings to take place within the standard 70-day timeline typically allotted under the speedy trial right enunciated by the Sixth Amendment.

Upadhyaya noted Lauro’s “verbal motion,” but instructed the defense to file a written motion on the matter within five days for the trial judge, Tanya Chutkan, to consider.

The judge also told Trump, who is campaigning for the Republican nomination in the 2024 presidential election, that Chutkan had agreed to not require him to appear for the next case hearing, given his schedule.

Trump did not indicate whether he would show up, but thanked Upadhyaya for the information.

In stark contrast to his public persona, the former president was reserved and respectful before the judge and gave polite niceties to court officials in most of his responses to their short yes-or-no questions.

When not speaking, Trump slumped over the defendant’s table, wearing his usual navy suit and bright red tie, with an American flag lapel pin over his heart.

About 15 feet away, special counsel Jack Smith watched from the front row of the gallery as Windom spoke for the government alongside fellow prosecutor Molly Gaston.

Lauro stuck to his clock-running strategy when given a list of three possible dates for Trump’s next appearance – Aug. 21, 22 or 28.

The defense team requested the latest date available.

Prosecutors requested Upadhyaya select “the soonest date possible, Aug. 21,” though they noted their schedules were open on each of the optional dates.

But Upadhyaya sided with the Trump team, scheduling the hearing for 10 a.m. on Aug. 28.

On that day – which will be the first time Chutkan gavels in for the case – the district judge will set Trump’s expected trial date, Upadhyaya said.

Prosecutors were instructed to file a document estimating how long they expect to take to put on their case within seven days. The defense team will have seven days after that to do the same.

But Lauro asked Upadhyaya to first order prosecutors to disclose the amount of evidence they intended to turn over, arguing that the defense will need to know “the scope of discovery” before they can accurately estimate how much time they will need before jurors.

“Obviously, the United States has had three years to investigate this case … There might be a massive amount of discovery,” Lauro said.

“We intended to vigorously address every issue in this case.”

In response, Windom asserted his team was not legally required “at this time” to give an estimate of the volume of evidence against Trump.

This time, Upadhyaya sided with prosecutors, telling Lauro: “The order to file the submissions stands.”