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Former President Donald Trump’s arraignment is one of a kind in the colorful 82-year history of Manhattan’s criminal courts, with Secret Service details present and the world’s media camped outside. did not.
But once the TV crew left, people vs trump Matters of fact and law proceed in a more mundane fashion as they are debated over months via legal papers before the trial is even considered.
Here’s what to watch out for in the weeks following an arraignment:
motion to dismiss
Trump’s lawyers have said they intend to petition the court to dismiss the case outright. These allegations are typically filed within 45 days of his arraignment in New York criminal court and may challenge the legal sufficiency of the charges.
They may also challenge whether the charges were brought within the statute of limitations. The statute of limitations is usually two years for him in New York for the crime in question. Prosecutors plan to claim the law was suspended when Trump left Washington and then left the state to live in Florida.
“If it’s the former president of the United States, and there are so many things at stake here, he should have the opportunity to thoroughly examine this case from top to bottom,” said a New York detective. Defense attorney and former assistant Jeremy Sarando said. Manhattan District Attorney.
Trump’s legal team may also introduce a “Clayton motion” on rare occasions. It asks the court to dismiss the case in the “interest of justice” rather than on the merits. Judges then decide on matters such as whether proceeding with the case would undermine public confidence in the criminal justice system.
“I ran into it a few times when I was a county court judge,” said Thomas Franczyk, a 20-year New York judge who retired in 2017. You can expect it.
Clayton’s motion would “call into question the motives” of the District Attorney’s Office to bring this case, Franzik said, and the fact that it may have been brought for many years “provides the defense We gave them ammunition to raise arguments,” he added. length’ “.
Manhattan prosecutors will then be given time to respond to such allegations. The schedule is entirely at the discretion of the assigned judge, Juan Merchan.
Motion to destroy evidence
Susan Necheres and the rest of Trump’s legal team may ask the judge to reconsider the grand jury minutes.
They could then use tactics Trump’s lawyers have already deployed in Georgia to ask judges to exclude evidence presented to a grand jury on the grounds that the process was illegal or unconstitutional. They might argue, for example, that legally inadmissible evidence of previous bad behavior by Trump was presented.
The legal team will receive a ton of “finds”. Evidence gathered by prosecutors for the grand jury ballot, plus additional material discovered since then.
Trump’s attorneys may then ask prosecutors to provide additional evidence about the allegations contained in the indictment.
Other requests
If the tactics used in other lawsuits facing the former president and his business work, Trump’s lawyers will try to file various “wild card” motions, including asking judges to drop the lawsuits. There is a possibility that Are interested.
They demand that the trial be moved to another location, such as the Republican home of Staten Island, where the jury pool favors Trump, and ask jurors to ask a series of detailed questions to identify them. I can. with political bias. A motion to change the venue is “rarely granted,” Franczyk said.
Given the growing number of lawsuits facing Trump, including those filed by the New York Attorney General and by journalist E Gene Carroll, who claims the former president raped her in the 1990s. Lawyers will likely seek deferment. Order to adjust court dates. But judges are under no obligation to grant these requests, and Judge Arthur Engolon, who is overseeing the New York Attorney General’s case, warned Trump’s lawyers against such tactics last month.
public hearing
Judges can schedule hearings to discuss the content of the motion or the state of the pretrial process. New York law requires the defendant to appear in person at all her hearings once every approximately four weeks.
But “courts don’t want a lavish affair every time the president comes,” Sarando said. The next trial is scheduled for December 4th.
gag instruction
Even before the indictment, Trump took to social media to denounce a “political witch hunt” and called on supporters to protest against the office of Manhattan District Attorney Alvin Bragg.
He has since escalated his attacks on Manhattan prosecutors, separately claiming that the judge, Marchan, “hates me.”
Marchan didn’t go so far as to issue a gag order on Tuesday, which would have prevented Trump from speaking publicly about the incident. “Judges don’t like it,” says Katherine Christian, a former Manhattan assistant district attorney and now in private practice.
However, Marchan told Trump’s lawyers to remind clients to “refrain from making statements that may incite violence or social unrest.”
trial
Assuming the case survives all pretrial motions, the parties will exchange proposed witness lists and arrangements for jury selection will be made.
Martian, who presided over the lawsuit against the Trump Organization in the same court last year, “will try not to delay anything,” Christian said, but the trial is unlikely to be rushed.
“People shouldn’t be shocked. With three witnesses, it can take a year to go to trial,” she said. “Remember, this is Manhattan and Trump is not the only defendant being prosecuted. There are inmates who should go to trial first.”
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