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Ruling that the case against Donald J. Trump can proceed, Justice Juan M. Merchan said he planned to begin the trial on March 25.
A judge rejected a bid to toss the hush-money case. Here’s the latest.
A New York judge on Thursday rejected Donald J. Trump’s bid to throw out criminal charges against him stemming from a hush-money payment to a porn star, setting a trial date for next month and clearing the way for the first prosecution of a former American president.
The judge, Juan M. Merchan, announced the decision at a hearing in a Lower Manhattan courtroom as Mr. Trump looked on from the defense table. The former president’s lawyers objected to the judge’s decision for jury selection to begin on March 25, noting that the six-week trial would conflict with Mr. Trump’s presidential campaign.
One of the former president’s lawyers, Todd Blanche, called the schedule “unfathomable,” arguing that, “We are in the middle of the primary season,” and claiming that the trial would overlap with dozens of Republican primaries and caucuses.
But Justice Merchan summarily dismissed arguments from Mr. Trump’s lawyers, who had derided the case as “a discombobulated package of politically motivated charges.” The judge also bristled at the pushback from Mr. Blanche, at one point instructing him to “stop interrupting me, please.”
The Manhattan district attorney, Alvin L. Bragg, brought the charges last year accusing Mr. Trump of covering up a potential sex scandal involving the porn star Stormy Daniels during and after the 2016 presidential campaign.
It will be the first of Mr. Trump’s criminal cases to go to trial, but it might not be the last. He faces 91 felony counts across four criminal indictments from prosecutors in Washington, Florida, and Georgia, as well as Manhattan, all while he seeks to lock up the Republican presidential nomination.
The trial date in Manhattan leaves the door open for Mr. Trump’s federal trial, on charges of plotting to overturn the 2020 election, to take place in the late spring or early summer. That case, filed in Washington, is now in the hands of the Supreme Court.
While Mr. Trump might portray the Manhattan case as the most trivial — and outdated — it presents a unique threat to his legal strategy. Unlike the federal cases against him in Washington and Florida, which Mr. Trump could seek to shut down should he regain the White House, Mr. Bragg’s case is immune from federal intervention. Mr. Trump would not be able to pardon himself, or otherwise deploy the presidency as a legal shield.
Mr. Bragg, 50, was the first to obtain an indictment of Mr. Trump and has cast his case as a stark example of Mr. Trump interfering in an election. Mr. Trump did so, prosecutors argue, by covering up the illegal payoff to the porn star and hiding damaging information from voters just days before they headed to the polls.
Until recently, the federal criminal case involving accusations of election interference was poised to go to trial first. That case, filed in Washington by the special counsel Jack Smith centers on Mr. Trump’s effort to remain in power after his 2020 election defeat.
Mr. Bragg had indicated a willingness for the Washington case to jump ahead in line, underscoring its historical significance. But appeals from Mr. Trump postponed that trial, initially scheduled for March 4.
Before entering the courtroom on Thursday, Mr. Trump suggested that he was the real victim of election interference, falsely claiming that Mr. Bragg’s case is being brought by “Joe Biden’s White House” to keep him off the campaign trial and stuck in a courtroom.
Here’s what else you need to know about Thursday’s hearing:
- The judge’s decision to set the March 25 trial date was a forceful rejection of Mr. Trump’s most battle-tested legal strategies: running out the clock. Facing a lengthy legal docket in courtrooms up and down the East Coast, Mr. Trump has sought to use the calendar to his advantage, pushing for appeals and delays until Election Day. If Mr. Trump returns to the White House, the remaining cases against him will freeze. Noting this strategy, one of Mr. Bragg’s prosecutors on Thursday lamented Mr. Trump’s effort “to try to evade accountability in any proceeding.”
- Mr. Bragg’s case is best known for its salacious facts: During the 2016 campaign, Ms. Daniels threatened to go public with her story of a tryst with Mr. Trump, who then authorized a $130,000 payoff to keep her quiet. Paying hush money is not inherently illegal, but in this case, prosecutors argue that the cover up crossed a line. If convicted, he could face up to four years in prison.
- The case might come down to the word of Mr. Trump’s former fixer, Michael D. Cohen, who paid Ms. Daniels just days before voters went to the polls. Once Mr. Trump was elected, he reimbursed Mr. Cohen — and that is where the crime occurred, prosecutors say. Mr. Cohen, the prosecution’s star witness, is expected to testify that Mr. Trump authorized his family business to falsely record the reimbursements as legal expenses. And that is exactly what the company did, describing the repayments in internal records as part of a “retainer agreement,” when in fact, no such agreement existed.
- Mr. Trump’s lawyers have argued that Justice Merchan should throw out the case, disputing whether the charges should even be felonies. For falsifying business records to be a felony, not a misdemeanor, Mr. Bragg’s prosecutors must show that Mr. Trump intended to commit or conceal another crime. The prosecutors have invoked potential violations of federal election law — under the theory that the payout served as an illegal donation to Mr. Trump’s campaign — as well as a state election law that bars any conspiracy to promote “the election of any person to a public office by unlawful means.”
- This week is a perilous one for Mr. Trump. A day after Justice Merchan holds his hearing, another New York judge is expected to deliver a final ruling in Mr. Trump’s civil fraud case. The judge, Arthur F. Engoron, is weighing the New York attorney general’s request that he penalize Mr. Trump nearly $370 million and effectively oust him from the New York business world. In the Georgia case, Mr. Trump is accused of seeking to subvert the 2020 election results in that state. On Thursday, at the same time that Mr. Trump is in Justice Merchan’s courtroom, there is a hearing in the Georgia case concerning a romantic relationship between the two prosecutors leading the case.
(https://www.nytimes.com/live/2024/02/15/nyregion/trump-manhattan-criminal-case?campaign_id=60&emc=edit_na_20240215&instance_id=0&nl=breaking-news&ref=cta®i_id=229043381&segment_id=158277&user_id=50c8e5e248e5c1d95312c7068bab39af)
