The incarceration of former President Donald J. Trump at Fulton County Jail on Wednesday marks the beginning of a protracted legal dispute, complicated further by the involvement of numerous co-defendants in the case. Arraignment is the next step, where defendants appear before a judge to face formal charges, set bail, and enter pleas. District attorney Fani T. Willis has requested arraignments to be held during the week of September 5.
To avoid being held in jail before the court appearance, Mr. Trump managed to negotiate a bail agreement in advance, and he might choose to waive his right to appear at the arraignment. Similarly, all 19 individuals indicted in the case have the option to waive their arraignments, effectively bypassing the need to return to Atlanta for the court proceedings if the presiding judge, Scott McAfee, approves of such arrangements.
The arraignment process serves as a starting point, during which the judge establishes a timetable for pretrial motions that are expected to be plentiful. Defendants typically have ten days following their arraignments to file pretrial motions, such as requests for specific court rulings before the trial commences.
Already, three defendants have submitted petitions to move the trial to federal court. Even if the case remains in state court, other motions may be expected, including ones seeking to suppress certain evidence or trying some defendants separately from the main case. Additionally, substantial amounts of evidence, such as documents, phone records, and security camera footage, must be provided by the prosecution to the defense during the discovery process, which can be time-consuming in white-collar cases.
Defense attorneys may also explore the possibility of demurrers, where they request the court to dismiss the indictment on various grounds, such as inadequacy in including all elements of the crimes charged or improper composition of the grand jury. With numerous defendants involved, scheduling hearings and court dates alone proves challenging.
Furthermore, the situation may become more intricate as some defendants consider pleading guilty or cooperating with the prosecution, decisions that would result from negotiations with the Fulton County district attorney’s office. Meanwhile, a “speedy trial clock” is set in motion, as Georgia law requires criminal defendants to be tried within the second court term after their arrest. However, court terms vary by county, and delays are possible with mutual consent. In Fulton County, where this case is filed, Superior Court terms typically span two months, necessitating a trial by November 3 to comply with the state’s speedy trial statute.
To apply pressure on prosecutors and limit their preparation time, tactical defendants might formally demand a speedy trial. Kenneth Chesebro, one of Mr. Trump’s co-defendants, has already made such a request. In response, on Thursday, Ms. Willis requested the trial to commence on October 23. The speedy trial requirement applies to all 19 individuals indicted. However, due to some defendants seeking a transfer to federal court or expressing intent to sever their cases, the timing of any trial or trials remains uncertain. Mr. Trump filed a motion on Thursday afternoon, stating his intention to seek separation of his case from Chesebro’s or any other defendant requesting a speedy trial.
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