Thread by @thegregwalters

Hello from the DC courthouse, where Judge Chutkan is expected to set a trial date for Trump's DC federal criminal case

Prosecutor Jack Smith wanted a trial in January 2024. Trump wanted a trial in April 2026.

Chutkan opens up by saying: “these proposals are obviously very far apart.... Neither of them is acceptable.”

Judge Chutkan says Trump's "personal and professional schedule" is "irrelevant," comparing Trump to a pro athlete who argued he has to delay his own criminal trial because he needs to go play ball games.

Chutkan:

-Delay is not an uncommon defense tactic, in part because witnesses may become unavailable, or their memories may fade.

-The sixth amendment guarantees the defendant’s right to adequate counsel, but counsel is not entitled to unlimited preparation time.

Chutkan bench-slaps Trump's attorneys for exaggerating the average time of recent trials -- noting they relied on statistics from the Covid era, and included the time for sentencing, which added months.

“That statistic is a bit misleading," Chutkan deadpans.

Prosecutor Molly Gaston says special counsel's office made its 5th discovery production to Trump's attorneys, bringing the total to 12.8 million pages (!) of documents

24% (!) of that massive pile of documents came from the Secret Service, Gaston says

Gaston says "we're really talking about" 5 million pages of important material, which includes grand jury transcripts and exhibits

Approximately 58,000 pages are from witness interview folders, including transcripts of interviews (which were audio recorded).

Trump's legal team has received the tapes of the interviews.

Boy, just imagine Trump sitting around listening to the tapes of Pence and Meadows testify....

No wonder the prosecutors were so concerned about putting restrictions on how Trump and his team could handle this evidence.

Gaston says prosecutors also handed over a "key documents" file, which includes 300 different documents that are labeled and named according to the paragraph of the indictment they support. "It’s a road map to our case," Gaston says.

“We identified material that is arguably favorable to the defense," Gaston says. But she adds, that would be “the government’s guess” of what they think might be favorable to Trump.

"This is a request for a show trial, not a speedy trial," Trump's attorney Lauro says.

It's "absurd and ridiculous" to suggest Trump's legal team should have been reading Secret Service documents for the last two years to prepare for this trial

Lauro brings the heat! He's raising his voice. Sounds upset.

“It's not easy when you have the entire government amassed against you!," he says. "He’s entitled to counsel that can prepare adequately! We’re talking about nine terabytes of information!"

Chutkan twice admonishes Trump attorney Lauro to calm down.

“Let’s take the temperature down here for a moment,” she says.

Chutkan is not having it. "Some of that material is not new to you.... Some of it are materials of your clients' own creation."

Lauro is arguing that it's new to him as a criminal defense attorney representing his client.

Chutkan pushes back: materials created by your client "isn't brand new information, is it?"

Lauro says: "Of course it's new information!"

Lauro: "The statements of my client are miniscule compared to the avalanche of information here.... it would be a miscarriage of justice" if an attorney were required to know everything a client already knew.

The drama here is no less than whether Trump goes to trial before the 2024 election or not. Trump's legal team is fighting HARD for delay, using the mountain of evidence created by the prosecutors against them.

"I like to be prepared for trial!," Lauro says. "We have not only documents we're searching for, we have videos and recordings... this is a massive undertaking!"

"This is over 12 million pages," Lauro says. "Never in the history of the United States have we seen a case of this magnitude go to trial in four months, let alone six months."

"I'm sorry your honor... it has to be spoken... every single person in the United States deserves a fair and adequate defense.... We cannot do this in the timeframe suggested by the prosecutors."

Chutkan, calmly: "I understand, Mr Lauro. But you're not getting two more years. This trial is not going to trial in 2026."

Chutkan: "The identity of the witnesses have been a matter of public record.... why would the defense need two years to investigate?

Lauro is arguing Trump had no obligation to start getting ready during the grand jury investigation.

"this case, looking at it from a defense lawyer's perspective, is an enormous, overwhelming task. We have two small law firms here working around the clock."

Chutkan seems to have made up her mind about when this case is going to trial. She seems unmoved. She repeats: "As I said, this case isn't going to trial in 2026."

She's pushing Lauro for specifics about why he needs more time to prepare.

"Nobody is sitting there going page-by-page" through 12.8 million documents, Judge Chutkan says.

Any defense counsel "would not have been sitting on their hands" waiting for the indictment, Chutkan says, while the grand jury was obviously investigating.

"The 12 million pages are not truly indicative of how much time he'll need to prepare," Chutkan says, noting the government gave "duplicative" documents and calling their production of documents a "belt-and-suspenders" effort.

Chutkan dismisses Lauro's complaints as "rhetoric."

Lauro, calm now, says it's not "rhetoric," it's "defense of the Constitution."

Chutkan says: "I'm not suggesting you had an obligation, you had an opportunity."

Lauro keeps talking about a "defense attorney's" perspective, knowing Chutkan is a former public defender.

"I am pleading with your honor," he says, to give Trump a fair trial

"Mr Trump is not above the law, but he's not below the law," Lauro says, in a tone that suggests he's about to reach into his leather suitcase and pull out a full-size American flag.

Chutkan: "Mr Trump will be treated with no more, and no less, deference than any other defendant would be treated."

Chutkan: "This case involves one defendant, and four counts.... Why is this case complex?"

Lauro: We're going to raise executive immunity claims, which are very complex, and argues the case "essentially indicts President Trump for being President Trump."

Lauro: "We also anticipate a selective prosecution motion.... This selective prosecution motion will go directly to" whether the case is retaliation for Trump's comments about President Biden and Hunter Biden.

"We're going to deal with whether the obstruction statute should be applied in this case," Lauro says.

"We're going to be back many, many times arguing these complex issues," Lauro says.

Then: "I see you smiling, your honor."

Chutkan briefly laughs.

So what just happened is, Judge Chutkan asked why Trump's DC case is so complex.

And Trump's team said they're going to raise a ton of motions to try to get the case thrown out of court, and drag questions about Hunter Biden into the case.

Prosecutor Molly Gaston uses Lauro's public statements against him. She points out he boasted on TV that he had read VP Pence's book "twice," and was "already planning his cross-examination" of Pence.

Gaston says Trump "has attacked the integrity of the courts and the citizens of the District of Columbia, who make up our jury pool."

Gaston says Trump's motions don't sound particularly novel to her lol

Chutkan: Prosecutors' request for a January 2024 trial date doesn't give Trump's team enough time to prepare.

But the defense's proposal for 2026 is "far beyond what is necessary."

To try the case five years after the events of Jan 6, 2021 risks the possibility that witnesses' memories may fade, Chutkan says.

A trial beginning March 4, 2024 would give Trump enough time to prepare, Chutkan says

That gives Trump seven months to prepare, Chutkan says.

"This timeline does not move this case forward with the haste of a mob," Chutkan says.

🚨🚨Chutkan sets Trump trial to begin on March 4, 2024

"We will not be able to provide adequate representation" by that trial date, Lauro says. "I feel I need to put that on the record.... That trial date is inconsistent with Mr Trump's right of due process."

Chutkan: "I understand and your objection is noted for the record."

NEW: Trump's federal criminal trial for allegedly attempting to steal the 2020 election is now set to begin March 4, 2024--two years sooner than Trump wanted, and one day before Super Tuesday.

Judge Chutkan brushed aside Trump's lawyer's arguments (made in a raised voice).