SAN DIEGO _ The campaign fraud prosecution against U.S. Rep. Duncan Hunter and his wife seems unlikely to go to trial before the Nov. 6 election, when the California Republican must defend his seat.
The couple were indicted on Aug. 21 and both have pleaded not guilty to the 60 counts filed against them by a federal grand jury.
The U.S. Attorney's Office handed over the first batch of discovery at 5 p.m. Friday, and the Hunters' defense attorneys have just begun to review the evidence, attorneys said Tuesday during a status hearing. More discovery, such as interviews with witnesses and search warrant affidavits, is expected within the next week or two.
The Speedy Trial Act affords defendants the right to go to trial within 70 days of indictment, which would make Nov. 1 the target trial date. However, both sides and the judge agreed to exclude time under the act by three weeks, in order to review discovery and meet again for a status hearing on Sept. 24.
That would push a possible trial date to Nov. 22. Still, trials rarely happen so fast, with the defense often agreeing to exclude more time to conduct their own investigation, put together a strategy and argue motions _ basically attempting to win the case before it even reaches trial.
The court hearing Tuesday in front of U.S. District Judge Thomas Whelan lasted all of five minutes. The Hunters and their attorneys left out a side exit and did not speak to reporters afterward.
About a dozen protesters gathered outside, carrying signs that read "One Nation Under Fraud" and "Sometimes a witch hunt catches witches."
Hunter has said in interviews that he wants to move the case forward quickly. He and his attorney, Greg Vega, have accused the U.S. Attorney's Office in San Diego of bringing a politically motivated case as Hunter seeks re-election.
Hunter is facing off against Democrat Ammar Campa-Najjar in the 50th Congressional District, a region that encompasses much of the East County and north into Temecula.
Hunter and his wife, Margaret Hunter, are accused of spending more than $250,000 in political donations on personal expenses, ranging from their children's private school tuition to NFL tickets to vacations, according to the indictment.
Margaret Hunter is her husband's campaign manager.
They are charged with prohibited use of campaign contributions, wire fraud, conspiracy, falsification of records, and aiding and abetting.
They have been allowed to remain out of custody on bond.
Hunter's attorney on Tuesday asked the judge for permission to excuse Hunter's appearance at the next status hearing, but the judge declined the request.
"I don't do that on any felony matters. ... I can't treat him unlike anyone else," Whelan said.
