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Law Professor Spots ‘Most Chilling’ Part Of New Trump Move

via NYU
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A NYU law professor expressed alarm over former President Trump’s legal filing proposing a trial schedule in his classified documents case that referenced dates for the Republican National Convention and other 2024 campaign activities.

The professor said this was the first time a front-running presidential candidate facing criminal indictment has asked a court to consider their political schedule.

It is “one of the most chilling things that I’ve seen in 25 years of teaching constitutional law,” professor Kenji Yoshino said.

The trial schedule “did more than anything else to knock my socks off,” Yoshino said.

“It’s just this idea that you have somebody who’s saying, ‘Here’s a pretrial motion and then here’s the Republican National Convention,’” Yoshino said. “It just suggests that this is the very first time in our nation’s history that we’ve had an individual who’s a front-runner, running for president, who was a former president, who’s under a criminal indictment.”

“This has never happened before,” he added. “This is completely uncharted territory.”

While Trump’s attorneys argued a post-election start was needed to avoid interfering with the campaign, the professor noted no one is above the law and the judge should set dates based on legal merits alone, though acknowledged it may be difficult for the human judge to ignore the political context entirely.

“I think in an ideal world, she should not,” Yoshino said regarding the judge’s consideration of Trump’s campaign in her decision making. “I mean, no one is above the law. This is a criminal proceeding. She should just set the dates as it were. But I can’t imagine as a human being, she’ll be able to ignore that.”

A hearing will be held on the trial start date.

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