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According to the filing, the Department of Justice said that the Trump-appointed judge overseeing the case “should not even consider” delaying the trial beyond its already scheduled December 11, 2023 date.

“In their response in opposition to the Motion (ECF No. 66, “Resp.”), Defendants Trump and [Walt] 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,” Smith’s filing to Judge Aileen Cannon read.

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