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dalton99a

(81,635 posts)
Sat Apr 1, 2023, 11:57 AM Apr 2023

'Delay, delay, delay': How Trump could push his trial into the heart of campaign season

https://www.politico.com/news/2023/04/01/trump-indictment-trial-date-delay-00090028

‘Delay, delay, delay’: How Trump could push his trial into the heart of campaign season
From pre-trial motions to negotiations over security, the master of legal stalling has many tactics in his arsenal.
By Josh Gerstein and Kyle Cheney
04/01/2023 08:10 AM EDT

...


Among the moves that could chew up time: an attempt to dismiss the entire case, a bid to relocate his trial outside of New York City, an effort to disqualify the prosecutor or judge in his case, a bid to move the case from state to federal court, extensive negotiations over security protocols for his appearances in court and a motion to reduce his charges from felonies to misdemeanors.

Trump’s lawyers have also signaled they are likely to try to get the judge to pry into the grand jury proceedings, looking to show that the charges lack probable cause or that there was some impropriety in instructing the grand jurors. Such efforts are almost impossible in federal courts, but allowed in New York.

“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.”

Ironically, Trump could also cause delay by complaining about the prosecution’s own foot-dragging. He can argue that the delay in filing charges over events that occurred about six years ago violates his due process rights under the New York constitution, Scotto added.

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Irish_Dem

(47,495 posts)
2. So if prosecutors delay pursuing charges against a sitting president,
Sat Apr 1, 2023, 12:10 PM
Apr 2023

until the POTUS is out of office, then then former POTUS can claim violation of due process?

Trump is a one man audit of the entire US criminal legal system.

gab13by13

(21,430 posts)
4. His lawyer Joe Tacopina
Sat Apr 1, 2023, 12:17 PM
Apr 2023

is already using the argument that Merrick Garland passed on indicting "individual one."

No way a trial is scheduled before the election. If Garland had indicted individual one we could have had a trial before the election.

I get tired of talking about the importance of time in investigating Trump.

It took Letitia James 16 months from her indictment to get to trial, this will take longer, IMO.

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