Much of that material consists of duplicate papers or pages the Trump legal team has already seen coming from his political action committee, the National Archives, the Secret Service and the work of the House Select Committee investigating the Jan. 6 riot, the judge pointed out. Many of the potential 250 witnesses in the case worked closely with Trump, who spent months trying without success to prevent some of his attorneys, top aides and former Vice President Mike Pence from providing grand jury testimony.
“This is an overwhelming task,” Trump attorney John Lauro said. “This man’s liberty and life is at stake. He deserves an adequate representation.”
Lauro said the trial date is “inconsistent” with Trump’s right to due process and the judge said she would note that objection for the record.
Lauro, who was hired about six weeks ago, said he had a “solemn obligation” to protect Trump’s rights, raising his voice.
The judge twice cautioned him to “take the temperature down here.”
“It’s not easy when you have the entire government amassed against you,” Lauro replied. “President Trump stands before you as an innocent man right now.”
Lauro argued the case would be a complex one as he foreshadowed a number of motions he will file in the coming weeks, including an argument that the former president should be immune from prosecution because he has been indicted for “being President Trump.” Lauro said he’s preparing a motion to dismiss the indictment based on selective prosecution, because “it provides an advantage to these prosecutors’ boss who’s running a campaign against President Trump.” He said they plan to assert Trump was exercising his First Amendment rights, not violating federal conspiracy laws.
Prosecutor Gaston said the trial should happen as soon as the defense can reasonably be ready, given Trump’s disparaging remarks about prosecutors, witnesses, the judge, and residents of Washington, D.C., which could taint the jury pool.
Earlier Monday, Trump called special counsel Jack Smith “deranged” and accused Biden White House officials of being “fascist thugs.” Smith attended the hearing in Washington on Monday morning, but he didn’t make any comments in or outside the courtroom.
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