Former Deputy Attorney General: Trump Trial May Take Place After Election

A former Trump administration attorney said this week that the trial regarding alleged classified documentation could take place after the 2024 election. Attorney Andrew McCarthy made the comments as Judge Aileen Cannon set a potential preliminary court date for August.

Cannon issued a statement that could cause the trial to start as soon as Aug. 14, but which could be shaped by filings by Trump’s legal team.

The judge requested both federal prosecutors and Trump’s legal team to file pretrial motions by Jul. 24.

McCarthy said that he did not “see how it gets to trial before the November election.”

McCarthy based his comments during the National Review podcast on the nature of the trial. He said that both the prosecutors and defendants must share the classified material which could be admissible evidence.

McCarthy said that the defense side could request more information “because they know the government doesn’t want to reveal it.”

Cannon would decide which evidence was relevant to the case, which would cause the government to declassify it or offer a replacement instead. This would give Trump’s defense an opportunity to respond to the decision.

Under the Classified Information Procedures Act (CIPA), should there not be any acceptable substitute of evidence, Attorney General Merrick Garland could order the classified information to be entered into the trial. Should the evidence not be allowed into the trial, the related counts would have to be dropped.

“All that has to be worked out prior to trial,” McCarthy said.

Under these possible circumstances, McCarthy believes that special counsel Jack Smith may focus his prosecution on allegations that Trump obstructed justice.

He said that he could not see the case going to trial “prior to the November election.”

“And I would say that even if Trump didn’t have four or five other cases on his plate that they have to schedule around,” the former assistant attorney general said.

McCarthy cited another case involving classified information, which included 18 months of back-and-forth between the prosecution and defense before the trial.