The lengthy pretrial process allows time for Trump’s lawyers and prosecutors to exchange evidence, file motions and even discuss the unlikely prospect of a plea deal. A federal case might operate on a similar timeline. How long will it take for Trump to go on trial?Ī state judge in New York set Trump’s trial in his Manhattan criminal case for Manearly a year from the date on which he was charged. The courts could consolidate these hearings in order to limit disruption to other cases, but they would need to take place in each district where Trump is charged. A second hearing before a district court judge typically follows to set a schedule for further action in the case. A court hearing known as an “initial appearance” would usually be held before a federal magistrate judge, who would formally inform Trump of the charges and advise him of his rights. Under federal law, collection of a DNA sample is mandatory in felony cases. The former president said he’s slated to report to federal court in Miami on Tuesday, though the details of any booking procedures prior to his arraignment remain unclear. (He pleaded not guilty and was released a few hours later.) He may now need to go through a similar process in the federal system. When he was indicted in New York in the hush money case, Trump made an extraordinary trip to a Manhattan courthouse to turn himself into authorities for booking as a criminal defendant. However, under the rules, Smith had to advise Garland in advance about any major action, and the attorney general can veto any action he deems “so inappropriate or unwarranted under established Departmental practices that it should not be pursued.” Garland is supposed to give Smith’s views “great weight” and must notify Congress if he turns the special counsel down. DOJ’s special counsel regulations declare that Smith should “not be subject to the day-to-day supervision of any official of the Department.” Who at the Justice Department approved the Trump indictment?Īttorney General Merrick Garland appointed Smith last November to oversee the classified-documents investigation as well as a separate probe into Trump’s attempts to derail the transfer of power after the 2020 election. In Washington, D.C., Trump got less than 6 percent of the vote. In the 2020 election, Trump lost there, but got 43 percent of the vote. But Trump may stand a better chance of finding sympathetic jurors in Palm Beach County. In deciding where to file a case, prosecutors aren’t supposed to take into account the political views of the jury pool. and another based on acts in and around Mar-a-Lago. In recent weeks, Smith’s team began calling some witnesses before a second grand jury in Miami, prompting some legal experts to suggest that prosecutors might be weighing the possibility of two indictments: one covering acts connected to D.C. It’s possible that Trump could face further charges in Washington, D.C., where the documents investigation, led by special counsel Jack Smith, has been based and where a grand jury heard from numerous witnesses and gathered evidence in the probe. Miami is part of the federal district that includes Palm Beach, where Mar-a-Lago is located. Trump said on social media that he has been ordered to report to the federal courthouse in Miami next Tuesday. The statutes suggest that prosecutors are bringing charges that arise both from Trump’s handling of the classified documents themselves and from conduct that may have obstructed the government’s attempt to retrieve the documents or impeded the government’s investigation. Statutes prohibiting false statements and conspiracy.A statute that prohibits falsifying or destroying records pertinent to a federal investigation.A statute that prohibits the obstruction of an official proceeding.A provision of the Espionage Act that prohibits the retention of classified materials.One of Trump’s attorneys, Jim Trusty, said in television interviews Thursday night that he had seen a summons document from prosecutors that summarized the laws Trump is being charged under. The indictment is under seal for now, but it is said to contain seven criminal counts. Here’s what we know so far and what to expect in the coming days. But the federal indictment in the classified-documents probe will differ in many respects from the New York charges and may carry far more severe legal risks for Trump. The new indictment comes two months after Trump was charged in New York state court for allegedly falsifying business records in connection with a hush money payment to a porn star.
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