While his historic arrest is expected in the coming days, Donald Trump will almost certainly not stand trial as part of the Stormy Daniels hush money investigation for a long time.
Trump has become the first serving or former president in U.S. history to face criminal charges after a grand jury voted to indict him as part of the Manhattan district attorney's probe.
Trump, who denies all wrongdoing, is reported to be facing more than 30 criminal charges relating to business fraud under the investigation. The probe is said to have focused on allegations of falsified company records and whether the $130,000 paid by Trump's former attorney Michael Cohen to Daniels to keep an alleged affair between the adult film star and the former president a secret ahead of the 2016 election amounted to a campaign violation.
Trump is expected to willingly surrender to authorities following the indictment, with reports suggesting that his arraignment at the Manhattan Criminal Court could take place on Tuesday.
Once he appears in court and is formally charged, Trump will likely be released following an expected not-guilty plea, with any potential trial still more than a year away at a minimum.
Trump is known to frustrate and delay legal proceedings against him, with suggestions that his lawyers may seek to delay the trial until after the 2024 presidential election when he could once again be the Republican candidate.
Rather than hinder his campaign, Trump could continue to suggest the indictment, as well as other criminal investigations into him, are proof of political bias in the federal government and judiciary and continue to rile up his supporters.
As Trump is not facing rebellion or insurrection charges as part of the hush money probe, there is nothing in the Constitution that prevents him from running for president again.
Los Angeles criminal defense attorney Ambrosio Rodriguez told Newsweek: "An indictment is not a barrier to re-election at all. Trump's attorneys could even ask that his trial be delayed until after the election and possibly until after he serves another term in the White House."
"Whether that request would be granted is another matter, and it's impossible to understate how much such a ruling would complicate the case. What's far more likely is that Trump is given the revolving door treatment at jail, with a judge releasing him on his own recognizance," he said.
According to data from New York's division of criminal justice services, in the first three quarters of 2022, the average criminal case in Manhattan took more than 900 days (over two years) to move from indictment to a trial verdict, reported Reuters.
If this time frame is applied to Trump's case, then this would push any potential trial way past Election Day in November 2024. There is also the caveat that any trial involving a U.S. president is unprecedented, meaning that proceedings could take even longer.
Broadcast journalist David Shuster suggested that any trial for Trump may not arrive for more than a year at least.
"When the same Manhattan DA filed a criminal tax case against the Trump org, it took 15 months to go to trial. A similar timeline for the Trump case would mean no trial until AFTER most of the 2024 GOP presidential primaries/caucuses," Shuster tweeted.
However, attorney and author Seth Abramson said that any Trump trial, including those he could face in other criminal investigations into him, would be "poisoned" should they take place after the 2024 election.
"Americans have a right to know if they're voting for a convicted criminal who faces the possibility of jail or prison time—and that applies not just to the Manhattan case but any cases arising from Georgia or Washington, D.C. These cases *must* be handled in a timely fashion," Abramson tweeted.
In a statement shortly after reports of his indictment emerged, Trump accused the investigation into him of being "Political Persecution and Election Interference at the highest level in history."
"Never before in our Nation's history has this been done," he said. "The Democrats have cheated countless times over the decades, including spying on my campaign, but weaponizing our justice system to punish a political opponent, who just so happens to be a President of the United States and by far the leading Republican candidate for President, has never happened before. Ever.
"I believe this Witch-Hunt will backfire massively on Joe Biden. The American people realize exactly what the Radical Left Democrats are doing here. Everyone can see it. So our Movement, and our Party—united and strong—will first defeat Alvin Bragg, and then we will defeat Joe Biden, and we are going to throw every last one of these Crooked Democrats out of office so we can MAKE AMERICA GREAT AGAIN!"
Newsweek has contacted Trump's lawyers for further comment via email.
Uncommon Knowledge
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
Newsweek is committed to challenging conventional wisdom and finding connections in the search for common ground.
About the writer
Ewan Palmer is a Newsweek News Reporter based in London, U.K. His focus is reporting on US politics, domestic policy ... Read more
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