A former U.S. attorney says that Trump’s trial will not take place in New York for at most one year.
A grand jury indicted Trump on Thursday following an investigation by Alvin Bragg, Manhattan District Attorney, into an alleged hush-money payment of $130,000 by Michael Cohen to Stormy Daniels, adult film star Stormy, in order to keep her quiet before the 2016 presidential election. This was in relation to an affair she claims she had in 2006 with Trump.
The former president has denied having an affair with Daniels and has maintained his innocence in the case, accusing prosecutors of engaging in a politically-motivated witch hunt. Prosecutors believe that the payment was in violation of campaign finance laws. Trump responded to the indictment by posting a series of posts on Truth Social attacking his district attorney’s office.
Despite these attacks, Trump’s legal team indicated that he would surrender to New York City for arraignment on Tuesday. This is the first time that a former president has been criminally charged in American history.
Former President Donald Trump is seen. A legal expert suggested that Trump may not face a New York State trial on his charges until at least a year from now.
Andrew Harrer – Pool/Getty Images
Despite the case’s high profile, some legal experts warn that the case will not move as quickly as they might hope. Marc Agnifilo, an ex-assistant U.S. Attorney and former Manhattan assistant district attorney, stated that Trump’s case won’t go to trial until approximately a year from now because of the way the New York law system is set up.
Rachel Maddow was informed by Agnifilo that the New York State legal system allows for many pretrial motions or appeals. This allows a defense to argue in front of a judge that the evidence before a grand jury is legally insufficient to warrant an arrest, a tactic Agnifilo stated he expects Trump’s legal team will take advantage.
Agnifilo stated, “I would anticipate this trial to take place maybe one year from now.” Judge, I think everyone will be watching it. [Juan] Merchan doesn’t want it to linger, but a year seems like a reasonable estimate. Federal cases are often tried sooner than that, sometimes six or eight months.
The legal structure in New York means that Trump could be brought to trial for a federal charge before he faces the charges against him. Trump is also being investigated by the Department of Justice (DOJ), for his handling of classified documents and possible involvement in the January 6, 2021 Capitol riot. In those cases, the former president maintained his innocence.
Franklin Monsour, a former federal prosecutor, wrote to Newsweek that criminal cases often move at the speed that their defendants want and that Trump will likely delay it until the end to make the story old news.
“Criminal cases can move as fast as the defendant would like them to. Monsour explained that criminal defendants have the right to a speedy case. “Defendants and their lawyers often delay trial to learn as much as possible about the government’s case. Trump will file a motion for dismissal based on the novelty and seriousness of the charges. It’s an old case. It is generally harder to prove older cases at trial. Trump will try to make the case as old as possible before a jury hears. The judge will be wary of delays and will want the case tried before the next presidential elections. This means that the trial must be completed within one year.
Glenn Kirschner is a veteran federal prosecutor who is also a legal analyst. He suggested earlier this year that a similar timeline be used for any potential charges Trump might face in Fulton County. Fani Willis, District Attorney, has been leading an investigation into Trump’s alleged attempts at tampering with the state’s 2020 election processes.
“If I had the chance to guess, once indictments have been returned, Donald Trump will be presented in court on that particular indictment and he is arraigned. [and]Kirschner stated that if you read the charges the grand jury has brought against him, you’ll likely see a trial date somewhere between six months and a year later. However, the defense attorney will continue to file motions to push it further down the road.” “I believe one year from when the indictment is dropped is a good rule-of-thumb as to when we’re likely see a trial.”
Updated, 04/02/2023, 6:15 p.m. ET with additional comment.
