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Trump Strategy In Hush-Money Case: 'Delay, Delay, Delay, Delay'

By dragging out the proceedings in his New York case between the indictment and his trial, Donald Trump could push the trial deep into the 2024 presidential campaign. Trump has spent decades refining tactics for prolonging his legal fights as his lawyers attempt to out-wait the patience of his adversaries. Though a criminal indictment presents him with a different set of options — and obstacles — than his many previous bouts in civil court, there is a substantial menu for him to choose from, reports Politico. “If they’re doing their job, they’re going to do everything they can to delay, delay, delay, delay,” said Catherine Christian, a defense attorney and 30-year veteran of the Manhattan district attorney’s office. “Every single motion they can think of. That’s what they’re going to file.” 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, 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 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 grand jurors. “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 Manhattan D.A.'s Rackets Bureau. Trump could also cause delay by complaining about the prosecution’s foot-dragging. He can argue that the delay in filing charges over events that occurred six years ago violates his due process rights under the New York constitution. The Sixth Amendment gives defendants the right to a speedy trial, but many seek to postpone their day of reckoning.

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A daily report co-sponsored by Arizona State University, Criminal Justice Journalists, and the National Criminal Justice Association

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