Donald Trump is only just beginning. After Tuesday’s arraignment legal procedure which unfolds could last months, if not longer. The next step is to know what’s coming next.
Discovery has given at the direction of Defense
Within 15 days after arraignment and arraignment, the prosecution must hand over all evidence obtained in the course of an investigation (known informally as “discovery”) to the defense team. This includes the transcripts of the grand jury’s process and the testimony of every witness (sometimes including redactions) and the notes of law enforcement of any person who was interviewed (even if they did not be able to testify before the jury) each exhibit that was that is presented to the grand jury in order to prove the allegations of the charge, as well as other records obtained by the prosecution by subpoenas (think recordings of telephone conversations tapes, recordings, and other items similar to that).
Motions and motions as well as other motions
Trump’s defense team has declared that they will speedily submit motions to court in order to have the case dismissed before it even reaches the jury. The defense usually is given 45 days to submit motions following the arraignment. However, the judge is able to give the defense additional time.
Without having access to the indictment in its entirety right now and without knowing the exact strategy of Trump’s team to fight the charges, however, Trump himself has suggested the idea of submitting an application to move the case to Manhattan. Motions to change venue are not often granted, and the defense team will need to convince the court that Trump is not able to get an impartial trial in Manhattan due to the pre-trial publicity.
With the national media interest this case has already brought about — and not just within New York — it’s going to be difficult to convince Merchan to transfer the case to another location.
“No judge is likely to seriously contemplate the idea. There’s absolutely no reason to conclude that he won’t get the equal justice in New York as he would in Mississippi,” said Robert Gottlieb an ex-assistant prosecutor in Manhattan who is currently working as a private attorney. “New York jurors consider themselves smarter than everyone else and they will analyze this case to death — red or blue.”
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Other motions could be based on arguments regarding limitation periods being lapsed, the nature of the allegations related to federal campaign violations or any other argument against the credibility in the proof.
Jeremy Saland, another former assistant district attorney, has also suggested that Trump’s team might file catch-all motions to dismantle the indictment -referred to by the name of ” Clayton motion” and seek to have the judge throw the case away not on merits but in the interest of justice. Trump’s lawyers for defense would likely draw attention to the fact that he was not pursued by the district attorney.
It is true that the “speedy trial” rule in New York states that prosecutors must be prepared to present any felony case in six months. However, the law that’s in place differs from what actually happens. Former prosecutors with experience in attempting the criminal justice system before the courts in New York predict this case will likely take longer to go to an end of trial, even if the case ever gets to that point.
“In the ordinary circumstance, it could take a year to get to trial,” said Daniel Horwitz, a former deputy district attorney from Manhattan who said the process could last longer in this case, depending on the amount of time it takes the judge to decide on all motions made by the Trump legal team.
Saland said yes. “I can see it going to the north of a year. They will submit every motion that is in the law book.”