The trial has been adjourned by the judge until 30 days from today, which is Friday, March 15. A hearing has also been scheduled for March 25 at 10 a.m. to discuss the pending discovery motion, the document production by the USAO-SDNY, and the potential scheduling of a trial date. The judge has stated that a new trial date will only be set after hearing from both the prosecution and defense on March 25 and ruling on the discovery motion. Currently, the trial has been rescheduled for mid-April.
The start of former President Donald Trump’s New York hush-money criminal trial was set to begin on March 25. However, the Manhattan District Attorney’s Office recently agreed to delay the trial for 30 days, pushing the new start date to April 24. This decision surprised some, but the defense has raised an important concern regarding Passover, suggesting that this concession by the DA should not be accepted.
Defense attorneys Todd Blanche and Susan Necheles argued before Acting Manhattan Supreme Court Justice Juan Merchan that an immediate adjournment is warranted due to significant and ongoing discovery violations by Manhattan DA Alvin Bragg (D). They cited the untimely production of Michael Cohen-related documents obtained from the U.S. Attorney’s Office for the Southern District of New York, along with the voluminous nature of these documents, as evidence supporting their request for further delay. Their ultimate goal is to seek a dismissal of the entire case.
Bragg eventually agreed to a 30-day delay to allow the defendant enough time to review the USAO productions. He made it clear that the prosecutors would be prepared for trial on March 25. However, he expressed his frustration, denying any responsibility on his office’s part and instead pointing fingers at the defense’s delay tactics.
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“The subset of materials we requested from the USAO was produced, and we promptly disclosed them to the defendant on June 8, 2023, which was more than nine months ago. Despite having access to these materials since June, the defendant did not express any concerns regarding the sufficiency of our efforts to obtain materials from the USAO until last week. Instead, the defendant chose to wait until January 18, 2024, to subpoena additional materials from the USAO and agreed to multiple extensions of the deadline for the USAO’s determination,” Bragg explained. “The timing of the USAO’s productions is solely a result of the defendant’s delay, despite the diligent efforts made by the People.”
According to Bragg, it is important to note that this disagreement should not sway the judge towards granting the defense’s motion to dismiss the case.
The Trump defense team not only reiterated their goal of dismissing the case altogether but also expressed their belief that a 30-day trial delay is insufficient. Instead of commencing the trial on March 25, they suggested having a hearing on discovery sanctions during that week.
In their letter, they expressed the need for an adjournment, stating that the current thirty-day time frame is inadequate due to the large amount of recently produced materials and the ongoing disputes. They respectfully requested the court to schedule a hearing on the pending discovery motion and the determination of a trial date, if necessary, during the week of March 25, at a time that is convenient for the judge.
The defense raised an important concern in a footnote, stating that scheduling the trial on April 24 would not be feasible due to Passover. They emphasized the impact it would have on observant Jews’ ability to serve as jurors. While U.S. District Judge Aileen Cannon did not provide a specific date for the trial in Trump’s federal Espionage Act prosecution, the defense referred to her previous comment that even an early July trial date seemed unrealistic. Despite this, the defense pointed out that the Mar-a-Lago trial date is still tentatively set for May 20 in their letter to Merchan.
We note that a 30-day adjournment would move the start of the trial from March 25 to April 24, which would conflict with Passover, which this year is from April 22 to April 30. The Court cannot schedule the trial in a timeframe that would prevent or inhibit the ability of observant Jews to participate as jurors. We also note that President Trump’s trial in the Southern District of Florida is still scheduled to begin on May 20, 2024, even though President Trump has requested that the date be adjourned, and the Court has indicated an adjournment is appropriate.
The attorneys representing Trump also responded to Bragg’s defense of his office’s “diligence” by criticizing the prosecutors for waiting until they were caught neglecting their discovery obligations. They found this development both surprising and disappointing. Additionally, the lawyers addressed the DA’s attempt to blame the defense for the situation.
The Trump team concluded that it is equally incorrect, although not unexpected, for the People to hold President Trump accountable for the premature revelations. They argue that the People had ample time over the years to collaborate with USAO-SDNY and ensure that they had gathered all the necessary information to comply with the CPL.
The Trump lawyers are pointing to Passover as a reason to request a longer delay for the hush-money case, even after the Manhattan DA had already agreed to a one-month interruption. The court is unable to schedule the trial due to this request. This news was first reported on Law & Crime.
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