The feds and indicted state Sen. Malcolm Smith agree on one thing: they don’t want his upcoming bribery trial further delayed by the pregnancy of a co-defendant’s lawyer.
Prosecutors asked White Plains federal Judge Kenneth Karas Monday to reject a bid by ex-Queens Republican Vice Chairman Vincent Tabone to push the Jan. 5 trial back to September so that Tabone can be represented by lawyer Deborah Misir.
“Tabone’s desire to have Ms. Misir present at trial simply does not outweigh the public interest in and Smith’s right to a speedy trial,” wrote Assistant US Attorney Douglas Bloom.
He added that another capable lawyer at Misir’s firm can take over as lead counsel and that having two separate trials would be huge waste of taxpayer dollars and court resources.
Misir, 43, told The Post two weeks ago that her doctors have urged her to not try such an “intense case” in the final stages of her high-risk pregnancy. The politically connected Republican lawyer also accused the feds of illegally “discriminating” against her because she’s pregnant and rejected a suggestion by Karas in court papers that she has lied about needing doctor-ordered bed rest when the case is scheduled to go to trial.
Karas will host a hearing on Thursday on the matter.
Tabone is accused of pocketing $25,000 as part of a failed scheme to get Smith, once a powerful state Democrat, on the 2012 GOP line for mayor. Smith remains a lame duck until the end of the year after losing a re-election bid in Septembers’ primary.


