An attorney with the special counsel Jack Smith's team told a judge Friday that holding former President Donald Trump's classified documents trial before the November election would not violate Justice Department policy.

U.S. District Judge Aileen Cannon is hearing arguments today on moving the May 20 trial date in Trump's federal classified documents case during a court conference in Florida that the former president is attending in person.

Special counsel Prosecutor Jay Bratt pushed for a July start, saying that holding a trial within 60 days of an election would not violate the Justice Department's typical aversion to bringing politically charged cases so close to an election.

Bratt told Judge Cannon a trial is permissible because the policy does not apply to already indicted matters.

"We are in full compliance with the Justice Department manual," said Bratt.

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