GOVERNMENT’S REPLY IN SUPPORT OF ITS MOTION FOR CONTINUANCE AND PROPOSED REVISED SCHEDULING ORDER

The United States files this reply in support of its Motion for Continuance and Proposed Revised Scheduling Order (ECF No. 34, “Mot.”).

In their response in opposition to the Motion (ECF No. 66, “Resp.”), Defendants Trump and Nauta claim unequivocally that they cannot receive a fair trial prior to the conclusion of the next presidential election, urge the Court to withdraw the current scheduling Order (ECF No. 28), and request that the Court not even consider a new trial date until some unspecified later time. Resp. at 9, 10. There is no basis in law or fact for proceeding in such an indeterminate and open-ended fashion, and the Defendants provide none.

For the reasons discussed below and in the Government’s Motion, the Court should reset the trial date in this action for December 11, 2023.

I. Applicable Legal Principles
II. Defendants’ Proffered Legal Issues Are Not Novel
III. Discovery Does Not Warrant a Continuance
IV. Classified Information Procedures Do Not Justify a Continuance
V. Defendants’ Remaining Arguments Are Meritless

For all of these reasons, the Court should reject Defendants’ invitation to defer consideration of a trial date, and should set jury selection to begin on December 11, 2023.

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