Donald Trump has sought to delay his criminal trial until after the presidential election.
Mr Trump, 77, has pleaded not guilty to 37 federal charges, which concern his alleged hoarding of hundreds of classified documents upon leaving office.
Prosecutors had already asked Aileen Cannon, the District Judge, to delay the trial until Dec 11 from an initial date of Aug 14, to give both sides more time to prepare.
In a filing submitted on Monday, defence lawyers for Mr Trump and his former valet Walt Nauta, who faces six charges and has pleaded not guilty, said the case was “extraordinary” and argued the date is too soon.
But there are fears that if the trial is postponed until after the 2024 election and Mr Trump wins, he could attempt to pardon himself or ask the attorney general to dismiss it.
“The government’s request to begin a trial of this magnitude within six months of indictment is unreasonable, telling, and would result in a miscarriage of justice,” Mr Trump’s lawyers said in the document.
“The court should therefore withdraw the current order setting trial and postpone any consideration of a new trial date,” the lawyers said.
They argued the case “presents a serious challenge to both the fact and perception of our American democracy”, adding: “The court now presides over a prosecution advanced by the administration of a sitting president against his chief political rival, himself a leading candidate for the presidency of the United States.”
The filing stated that Mr Trump is “likely the Republican Party nominee”, which “requires a tremendous amount of time and energy, and that effort will continue until the election on Nov 5 2024.”
It said Mr Nauta must accompany Mr Trump on his trips, making “trial preparation with both of the defendants challenging.”