On Tuesday, former President Donald Trump will receive his most poignant reminder yet that he is no longer the commander in chief. He will be arraigned in Manhattan, receive a New York State Identification number, and become citizen Donald J. Trump, a defendant against the people of the state of New York. Even as other investigations and additional potential prosecutions swirl in his orbit, this step of the first indictment filed against a former president represents a seismic shift in accountability for the highest reaches of power and privilege. But as we come to grips with that shift and what accountability Trump will face both legally and politically, it is important to remember an old adage: The wheels of justice are often slow.
A criminal case of this nature can easily drag out for over a year. That is a function of high caseloads on local district attorneys who are already saddled with a considerable amount of prosecutions with defendants just like Trump who are already in line for their day in court. Trump’s case will not jump that line, and it is likely that in mounting a vigorous defense against the pending charges, his defense team will engage in several legal maneuvers on his behalf. Motion practice of any sort (a motion to dismiss, for example) is not uncommon and will assuredly prolong the overall process.
It is not unfathomable that we will find ourselves deep into the 2024 election season before a trial date is set.
Delay tactics have been a staple in the Trump defense playbook when he has been sued in civil court. This criminal case is likely to be no different, and those tactics only lengthen the time between Tuesday’s arraignment and whatever eventual trial that takes place. It is not unfathomable that we will find ourselves deep into the 2024 election season before a trial date is set. The judge in this case, Juan Merchan, may be inclined to avoid frivolous motions from Trump’s attorneys (those intended to bring about obvious delays)….
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