What comes next in Trump's criminal case in New York

Washington — The indictment of former President Donald Trump on charges related to hush money payments made before the 2016 election set in motion a legal process that is expected to run into 2024 and is taking place alongside Trump's third presidential run.

Trump surrendered to New York authorities for processing on Tuesday morning and made his first court appearance before New York Judge Juan Merchan, during which he pleaded not guilty to 34 felony counts of falsifying business records. 

Manhattan prosecutors accused Trump of unlawfully falsifying business records to hide reimbursements to his former lawyer and "fixer" Michael Cohen, who paid adult film star Stormy Daniels $130,000 before the 2016 election in exchange for her silence about an alleged affair with Trump years earlier. Trump denied having a sexual relationship with Daniels and has repeatedly said he did nothing wrong.

Falsifying business records is typically a misdemeanor under New York law, but can be elevated to a felony if done with an "intent to defraud [that] includes an intent to commit another crime or aid or conceal the commission thereof." 

In the 16-page indictment unsealed Tuesday and an accompanying statement of facts, Manhattan District Attorney Alvin Bragg alleged that Trump orchestrated a scheme with others to use hush money payments to suppress damaging stories during his first presidential campaign, and told reporters after Trump's arraignment that the former president's actions were intended to violate state and federal campaign finance law or conceal those violations. Reimbursements to Cohen were also "mischaracterized, for tax purposes," Bragg said in the press conference.

In addition to the payments to Daniels, prosecutors said Trump allies made payments to two others to conceal negative information: a former Trump Tower doorman who claimed Trump had fathered a child out of wedlock received $30,000; and a former Playboy model who said she had an affair with Trump was paid $150,000.

Trump also denied the affair with the second woman, and the company that paid the former doorman concluded his story was false.

The charges against Trump are the culmination of a yearslong investigation by New York prosecutors that appeared to be dormant last year before it ramped up over the past few months. But the legal process in the case of the People of the State of New York vs. Donald J. Trump is just beginning.

Here's what comes next:

The discovery process

During Trump's arraignment, the two parties discussed a schedule for pre-trial proceedings, including when information collected by prosecutors will be turned over to Trump's legal team and potential motions to be filed.

According to a transcript of the hearing, Catherine McCaw, an assistant district attorney in Bragg's office, told Merchan that prosecutors believe the "vast majority" of materials will be given to Trump's lawyers within 65 days of his arraignment, or roughly mid-June.

Prosecutors expect information to be handed over in three stages, McCaw said: grand jury minutes and exhibits, and notes from witness statements; subpoena compliance, witness materials, police documents and other "odds and ends"; and internal District Attorney's Office emails.

They also raised concerns that Trump could disseminate information provided to his lawyers during discovery through social media posts. McCaw told Merchan that prosecutors are working with Trump's attorneys on finalizing the language of a protective order.

That order under discussion by the two sides, if signed by the judge, will likely prohibit Trump from using the materials turned over by prosecutors for any purpose except to prepare a defense. It would likely also limit where he can review certain sensitive materials and restrict him from providing materials received through the discovery process to any third party, including the press, or posting them to social media.

Assistant District Attorney Christopher Conroy also suggested public comments from Trump about the proceedings could prompt prosecutors to ask the court to impose more restrictions.

"Today we are only seeking a protective order regarding discovery materials," he said, "but we note that the defendant's escalating public comments summing directly at participants at these proceedings and their family members, may also raise concerns about the fair and orderly administration of justice, the risks that pretrial publicity will paint the jury pool and prejudice a fair trial, and individual and public safety concerns."

Merchan said he would not issue a gag order and said "such restraints are the most serious and least intolerable on First Amendment rights," heightened by the fact that Trump is a presidential candidate. He urged the two parties to remind witnesses and Trump "to please refrain from making statements that are likely to incite violence."

"Please refrain from making comments or engaging in conduct that has the potential to incite violence, create civil unrest, or jeopardize the safety or well-being of any individuals," the judge said. "Also, please do not engage in words or conduct which jeopardizes the rule of law, particularly as it applies to these proceedings in this courtroom."

Motions

Merchan set an Aug. 8 deadline for Trump to file motions, and prosecutors have until Sept. 19 to respond. He intends to issue decisions on the motions by Dec. 4, which is when the two parties, including Trump, will next meet in court.

Motions filed with the New York court are not automatically available to the public, but Todd Blanche, one of Trump's lawyers, previewed at least some of the requests he expects to make, including motions to dismiss the indictment. 

He also indicated there will be substantive motions addressing the facts of the indictment.

Trump's attorneys could also formally request a change of venue. The former president has already questioned the impartiality of the juror pool in Manhattan and whether they are politically biased against him.

"Very unfair venue, with some areas that voted 1% Republican," Trump posted on Truth Social hours before his arraignment. "This case should be moved to nearby Staten Island — Would be a very fair and secure location for the trial."

But Joe Tacopina, one of Trump's lawyers, told ABC's "This Week" on Sunday that there hadn't yet been a discussion about requesting the trial be moved.

"It's way too premature to start worrying about venue changes until we really see the indictment and grapple with the legal issues," he said.

The trial

New York prosecutors want a trial in their case against Trump to take place in January 2024, which McCaw said would give Trump's attorneys "ample time" to prepare.

But Blanche said that proposed timeline is "a little bit aggressive" and instead proposed a trial be set for spring 2024, which would be in the heart of the Republican presidential primary process.

"The people, and certainly the president, wants this behind him," he said. "But, to sit here and say January of 2024 is good with us when we have not seen a piece of paper yet, is I think patently unfair for us, given everything that I think we know about the case from the media and from witnesses talking, and what we know."

Merchan agreed it's "difficult to anticipate" if Trump's lawyers will be ready for a January trial but said the goal is to "move ahead as expeditiously as possible, without undue delay."