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On October 6, 2023 Judge Aileen Cannon paused litigation as she considers whether to grant Trump’s motion to extend deadlines related to classified material.  Trump Attorneys argued that prosecutors were employing delaying tactics in the discovery process, thereby taking too long to deliver evidence. According to their motion, they deemed the May trial date unworkable. “On July 18, 2023, the Special Counsel’s Office represented to the Court that ‘all’ discovery would be available on ‘day one,’” Trump’s lawyers wrote. They also wrote that Smith’s Florida classified docs trial set for May 20, 2024 and his separate March 4, 2024 DC trial regarding Trump’s so-called effort to stop the transfer of power set for March 4 require “Trump and his lawyers to be in two places at once.” [[CBS News]] reported Trumps lawyers saying, “And, months after the Office’s representation to the Court, discovery is not complete in this case—including with respect to the classified documents at issue in more than 25% of the [Espionage Act] counts in the Superseding Indictment.”<ref>https://libertyonenews.com/judge-in-trump-classified-documents-case-pauses-litigation/</ref>
 
On October 6, 2023 Judge Aileen Cannon paused litigation as she considers whether to grant Trump’s motion to extend deadlines related to classified material.  Trump Attorneys argued that prosecutors were employing delaying tactics in the discovery process, thereby taking too long to deliver evidence. According to their motion, they deemed the May trial date unworkable. “On July 18, 2023, the Special Counsel’s Office represented to the Court that ‘all’ discovery would be available on ‘day one,’” Trump’s lawyers wrote. They also wrote that Smith’s Florida classified docs trial set for May 20, 2024 and his separate March 4, 2024 DC trial regarding Trump’s so-called effort to stop the transfer of power set for March 4 require “Trump and his lawyers to be in two places at once.” [[CBS News]] reported Trumps lawyers saying, “And, months after the Office’s representation to the Court, discovery is not complete in this case—including with respect to the classified documents at issue in more than 25% of the [Espionage Act] counts in the Superseding Indictment.”<ref>https://libertyonenews.com/judge-in-trump-classified-documents-case-pauses-litigation/</ref>
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==Deposition==
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In Smith's deposition before the [[House Judiciary Committee]] he attested the he was prepared to present witness testimony from [[Mike Pence]] and other political “[[Republican]]s” who told [[President Trump]] that [[Joe Biden]] had legitimately won the election, and Trump needed to concede.  This testimony then forms the baseline for the definition of “truthful information” that Trump rejected out of a malice mindset to continue clinging to power.
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In essence, Smith defines what is “[[truth]]” (Biden won), then outlines how that truthful information was delivered and how President Trump dismissed it. Therefore, President Trump’s “[[mens-rea]]” or state of mind was one of promoting intentional [[false]]hood.  According to the [[Lawfare]] approach selected by Smith, this mindset is the predicate that blocks President Trump from using his [[first amendment]] right to speech as a defense.
    
==References==
 
==References==
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