By dragging out the proceedings between the indictment and his trial, Trump could push the trial deep into the 2024 presidential campaign — with Trump expected to be the top contender for the Republican nomination.
The ink on Donald Trump’s indictment has hardly had time to dry, but already there’s a widespread expectation that the former president will turn to a time-honored Trumpian strategy: delay.
“You’d … make a motion to ask for the court to review the grand jury minutes and determine whether or not the D.A. presented legally sufficient evidence,” said Michael Scotto, a former chief of the Rackets Bureau in the same Manhattan D.A.’s office prosecuting Trump. “It’s not the lockbox it is in the federal system.”
Under the Sixth Amendment, all criminal defendants have the right to a speedy trial, but many defendants nonetheless seek to postpone their day of reckoning. Buying time would be particularly attractive for Trump because of the legal uncertainty that would arise if he wins the presidential election in November 2024. In that scenario, some constitutional scholars believe the need to serve in office would override the consequences of a conviction, including any prison sentence.
Last year, Trump managed to delay federal prosecutors’ efforts to review thousands of documents seized from his home by the FBI by — in essence — suing the federal government. A judge, whom Trump had appointed just before leaving office, supported his bid to appoint a special master to review the matter instead, delaying proceedings for two months before a federal appeals court rebuffed her effort.
Defense attorneys often demand a speedy trial at the outset of a case, only to repeatedly press for delays as the trial date nears. Some delays may also be inevitable because of Trump’s reelection bid and the slew of other legal entanglements he faces, including two scheduled trials in civil cases and the possibility of more criminal charges from ongoing probes in Georgia and Washington, D.C.
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