Outside the Beltway

Trump’s First Federal Trial Set For 2024

For the moment, the “January 6th” trial begins on March 4th, 2024

Matt Bernius
17

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Today is featuring two high-profile hearings related to the various prosecutions of Former President Trump. The first of which was the setting of a trial date for Jack Smith’s prosecution of his attempt to overturn the results of the 2020 election. The government had sought a start date of January 2nd, 2024. Trump’s team was arguing for April of 2026.

From reporters in the courtroom, we just learned, because electronic communications devices were allowed inside that courtroom, that Judge Chutkin has set a trial start date for March 4, 2024:

Now just because that date has been set doesn’t mean that the trial will start that day. There will be a lot of opportunities for there to be delays due to various filings from both sides.

I’ll update this post later today once Cheney and others publish their stories, as a lot came out in the hearing.

Now all eyes are turning to Georgia, where Mark Meadows has his day in Federal Court to see if he will continue to have his portion of the Fanny Willis’ be removed to Federal Court.1 Most legal sources I have been checking feel that Mark Meadows has the weakest case for removal. So if Meadows manages to remain in Federal Court through this stage of review will provide some insight into the chances of success for his alleged co-conspirators.

Unfortunately, that Federal District Court has very strict rules against electronic devices in the courtroom, so we will have to wait until the hearing is completely over to know how that goes.

  1. One of the things about a removal to Federal Court is that the case is immediately removed when the paperwork is filed. So technically the case is already removed. Now the question is whether or not it will stay removed. ↩︎

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17 responses to “Trump’s First Federal Trial Set For 2024”

  1. Neil Hudelson Avatar
    Neil Hudelson

    March 4th eh? March 5 is Super Tuesday.

    5
  2. Joe Avatar
    Joe

    So technically the case is already removed.

    This is true of civil matters. IAAL, but don’t do criminal work, but I have read that criminal removal doesn’t work that way, which is why Meadows’ request not to have to surrender was summarily denied. Either way, this will be an important hearing.

    1
  3. mattbernius Avatar
    mattbernius

    @Joe:
    My understanding is that, in criminal cases, it doesn’t pause county intake. But I’ll do some research on that.

  4. Kathy Avatar
    Kathy

    It seems judges don’t respond well to chutzpah.

    Also, Judge Chutkan made an excellent point: “Setting a trial date does not depend and should not depend on the defendant’s personal and professional obligations. Mr Trump, like any defendant, will have to make the trial date work regardless of his schedule.”

    By chutzpah, I mean aiming for a trial date three years from now, claiming that much time is needed to prepare a defense. That’s like bargaining the price of a new car at the dealership, and offering $1 against the dealer’s retail price. It’s simply not serious.

    4
  5. DrDaveT Avatar
    DrDaveT

    @Kathy:

    aiming for a trial date three years from now, claiming that much time is needed to prepare a defense

    I don’t think that was the claim. It was worse than that — it’s that Trump’s status as a candidate should make him immune to legal action until the election is decided. In essence, they were claiming that continuing to prosecute Trump for his indicted offenses constitutes election tampering. That’s a precedent that MUST be avoided, immediately and emphatically.

    10
  6. Just nutha ignint cracker Avatar
    Just nutha ignint cracker

    @DrDaveT:

    That’s a precedent that MUST be avoided, immediately and emphatically.

    Then you’d better hope that it never makes it to the Supremes, eh?

    1
  7. Kathy Avatar
    Kathy

    @DrDaveT:

    My bad.

    I skimmed through the reports in the live blog at The Guardian, and was trying to get work done as well. I must have missed that part.

    That’s a precedent that MUST be avoided, immediately and emphatically.

    It’s about all Benito has left. All the more reason to quash it hard.

    1
  8. Gustopher Avatar
    Gustopher

    Unfortunately, that Federal District Court has very strict rules against electronic devices in the courtroom, so we will have to wait until the hearing is completely over to know how that goes.

    I desperately want someone at a window with a mirror, flashing information out in Morse code, to test the various limits of these rules. Or some similar low tech way of circumventing the process.

    I would also accept an high tech solution that exists just outside the courtroom. Are laser microphones against glass a real thing or just in movies?

  9. Gustopher Avatar
    Gustopher

    @DrDaveT:

    I don’t think that was the claim. It was worse than that — it’s that Trump’s status as a candidate should make him immune to legal action until the election is decided.

    Did they make that claim in a court document?

    The statements that they make publicly are often far more expansive and “legally aggressive” than the claims they actually make in their filings. Whether that is grift, tampering with a potential jury pool, or whatever, who can tell? Some of each with a dash of hubris, a bit of wishcasting and maybe a bit of brain damage from lead paint?

  10. DrDaveT Avatar
    DrDaveT

    @Gustopher:

    Did they make that claim in a court document?

    Good question. I should be more careful in my assertions. I know that’s what they were aiming for, but it may not have been the argument they initially filed.

    I’m sure someone here is better-informed than I am; perhaps they can correct me if needed.

  11. Mister Bluster Avatar
    Mister Bluster

    @Gustopher:..I desperately want someone at a window with a mirror, flashing information out in Morse code, to test the various limits of these rules. Or some similar low tech way of circumventing the process.

    …or maybe High School Students…

    1
  12. MarkedMan Avatar
    MarkedMan

    Joyce Vance, former US Attorney for Alabama and Preet Bahara’s cohost, has said that Judges really do look to the plaintiff’s and defendant’s attorneys for guidance, and in her estimation the government gave clear and unbiased references to precedent, while Trump’s attorneys gave trumpish nonsense. The concern for Trump is that if this keeps up, the judge will immediately discount everything they say.

  13. Matt Avatar
    Matt

    @Gustopher:

    I would also accept an high tech solution that exists just outside the courtroom. Are laser microphones against glass a real thing or just in movies?

    That’s a very real thing that isn’t even really that hard to do and it’s literally called a laser microphone. There’s a whole slew of crazier stuff out there like “Van Eck phreaking” (which is surprisingly easy to do). They were reading CRT monitors and computer storage from a distance through walls in the early 80s (it works on LCD monitors etc). That’s why they are so hardcore about restricting electronic devices in the White House and secure sites. Equipment has to be heavily shielded to protect the data it shows/stores.

    You see a lot of this stuff coming about in ww2 much like a lot of modern tech.

    EDIT : In 1985 Wim van Eck was able to eavesdrop on a computer system from a few hundred meters away with about $15 in equipment and a TV.

    https://cryptome.org/emr.pdf

    1
  14. OzarkHillbilly Avatar
    OzarkHillbilly

    @DrDaveT: @Just nutha ignint cracker:

    The rule against “election tampering” via the justice department is a department rule, not a law, and certainly not absolute: See Hillary, 2016.

    2
  15. OzarkHillbilly Avatar
    OzarkHillbilly

    @Matt: They were reading CRT monitors

    Wow, Critical Race Theory monitors are a thing. Who knew? 😉

    4
  16. Kathy Avatar
    Kathy

    Word is El Cheeto will appeal the trail date as set by the court today.

    Is that even possible? A trial involves a great many rulings by the judge throughout the various stages of trial. If a defendant can appeal each one as soon as it’s meade, trials would never end.

  17. CSK Avatar
    CSK

    @Kathy:

    No. Trump can’t appeal the date. His lawyers might be able to delay it.

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