“I will APPEAL,” Trump said in a post on his Truth Social platform. He did not say how or when the appeal would be made.
A trial court’s scheduling decision is not a legitimate basis for an appeal before a verdict is reached, according to legal experts.
Chutkan has so far appeared not only cool to Trump’s efforts to delay the case but also concerned by social media comments he’s made outside court. This month, she warned Trump’s legal team that there were limits on what he could say publicly about evidence in the investigation. She also reiterated her intention for Trump to be “treated with no more or less deference than any defendant would be treated”.
The Washington case is one of four prosecutions Trump is facing. A March 4 trial would take place just weeks before a scheduled New York trial in a case charging him in connection with a hush money payment to a porn actress.
Meanwhile in Atlanta on Monday (local time), where Trump and 18 others were charged with trying to overturn the 2020 election in Georgia, former White House chief of staff Mark Meadows was arguing to try to get the charges against him transferred from state court to federal court.
The setting of the trial date came despite strong objections from Trump lawyer John Lauro. He said defence lawyers had received an enormous trove of records from Smith’s team — a prosecutor put the total at more than 12 million pages and files — and that the case concerned novel legal issues that would require significant time to sort out.
“This is one of the most unique cases from a legal perspective ever brought in the history of the United States. Ever,” Lauro said, calling it an “enormous, overwhelming task” to review such a “gargantuan” amount of evidence.
Prosecutor Molly Gaston countered that the public had an “exceedingly” strong interest in moving the case forward to trial and said that the crux of the evidence has long been well known to the defence. Trump, she noted, is accused of “attempting to overturn an election and disenfranchise millions.”
“There is an incredibly strong public interest in a jury’s full consideration of those claims in open court,” Gaston said.
Smith’s team has brought a separate federal case accusing him of illegally retaining classified documents at his Palm Beach, Florida, property, Mar-a-Lago, and refusing to give them back. That case is currently set for trial next May 20.
Trump also faces state cases in New York and Georgia. Manhattan prosecutors have charged him with falsifying business records in the connection with a hush money payment to the porn actress who has said she had an extramarital affair with Trump. Prosecutors in Fulton County, Georgia, have charged Trump and the 18 others in a racketeering conspiracy aimed at undoing that state’s 2020 election.
A spokesperson for New York’s state court system, Lucian Chalfen, said Chutkan spoke last week with the judge in Trump’s Manhattan criminal case, Juan Manuel Merchan, about their respective trials ahead. Chalfen said no decision has been made regarding postponing or rescheduling the Manhattan trial, which is to begin March 25, 2024.