Special counsel Jack Smith is opposing former President Donald Trump’s request to delay the trial over his alleged mishandling of classified documents until after the 2024 election.

In a court filing Thursday, the special counsel’s legal team rejected the defendants’ argument that a fair trial couldn’t be convened ahead of the presidential election.

Lawyers for Trump and co-defendant Walt Nauta had said in a filing earlier this week that starting the trial in December — the timeline sought by the special counsel — would be “unreasonable, telling, and…result in a miscarriage of justice.”

Assistant special counsel David Harbach disputed that characterization on Thursday, writing: “There is no basis in law or fact for proceeding in such an indeterminate and open-ended fashion, and the Defendants provide none.”

He instead urged U.S. District Judge Aileen Cannon, a Trump-appointee, to set the trial date for December.

Prosecutors from Smith’s office last month requested that Trump’s criminal trial be delayed until Dec. 11. Cannon had initially set a trial date for Aug. 14.

Trump was indicted last month on seven criminal charges alleging that he mishandled more than 100 classified documents that were uncovered last year at his Mar-a-Lago resort in Florida.

The former president faces 37 counts tied to allegations that he willfully retained national defense information, conspired to obstruct justice and made false statements. He has pleaded not guilty.

This is a developing story. Please check back for updates.

Source: | This article originally belongs to Nbcnews.com

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