Tuesday’s arraignment of former President Donald Trump was a whirlwind of historic firsts.
Now the wait begins for the long slog of the judicial system to play out, with the next scheduled actions in court months away.
Away from the courthouse, however, Trump quickly went back to attacking Manhattan District Attorney Alvin Bragg and New York Judge Juan Merchan, along with their families – raising questions about whether his rhetoric could land him in hot water legally.
Here’s what’s next in Trump’s New York criminal case: During Tuesday’s arraignment, prosecutors said they were negotiating the logistics of a “protective order” with Trump’s defense team, which would limit how Trump and his attorneys can use the documents they will be given from the grand jury proceedings during the discovery process.
Prosecutors specifically said they want to prohibit Trump from posting any discovery materials to social media or sharing them with third parties, such as journalists. They also said they plan to allow Trump to review certain sensitive materials only with his lawyers.
Trump’s attorneys will have to agree to the specifics of the agreement, but the exchanges showed the concern in the district attorney’s office about what Trump might say or post about the evidence they hand over.
“The entirety of the prosecution’s case file will soon have to be turned over to the defense,” Agnifilo said. “Prosecutors don’t want it made public because they’re focused on the proceedings and know Trump will try this in the court of public opinion way before any trial in a court. That’s where the integrity of the proceedings can get really dicey — and that’s what they’re trying to accomplish with a protective order.”
When could a trial actually start? If the case goes to trial, it’s not going to be until next year — when Trump could be in the thick of the 2024 Republican presidential primary.
Merchan set an August 8 deadline for Trump’s lawyers to file motions in the case — such as an attempt to get the charges dismissed or reduced to misdemeanors. Prosecutors will have until September 19 to respond, and then Merchan expects to rule on the motions at the December hearing.
The next hearing date for the case is December 4.
Prosecutors asked Merchan to plan on a trial beginning in January 2024, but Trump’s attorneys suggested that the spring might be more realistic, given they had not yet received any documents in the case.
Merchan seemed to side with Trump’s lawyers.
“I understand what you are saying,” Merchan said. “I think that is reasonable. You have not received discovery. It is difficult to anticipate if you will be ready for trial in January of 2024. The message I would like to deliver is we would like to move ahead as expeditiously as possible, without undue delay.”