San Diego, CA.- The Speedy Trial Act was established in 1974 to give defendants the right to go to trial within 70 days of an indictment.

In Duncan Hunter Jr. and his wife's case, that would make November 1 the target trial date, that date appears to be in jeopardy.

Tuesday in court, both sides agreed to exclude time under the act by three weeks to review discovery, making it highly unlikely the trial will be heard before the November election.

The next status hearing is scheduled for September 24.

Quick Hearing 

Tuesday's hearing before U.S. District Judge Thomas Whelan lasted about five minutes.

Hunter’s attorney asked Judge Whelan if Hunter could be excused for the next hearing on the 24th. The judge declined the request.

“I don’t do that on any felony matters, I can’t treat him unlike anyone else,” Whelan said.

The Charges

Duncan Hunter Jr. and his wife, Margaret, are accused of spending more than $250,000 in political donations on personal expenses.

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.