In a federal court filing on Thursday afternoon, Trump’s lawyers said Manhattan District Attorney Alvin Bragg’s case was based on checks allegedly written to Cohen by Trump in 2017, while Trump was president. They denied that the checks and related records were false records.“This case is unprecedented in our nation’s history,” his lawyers wrote.
Marc Scholl, a former prosecutor in the Manhattan DA’s office, said that while Trump had a chance of success, it was more likely that the case would be sent back to state court.“At the end of the day, New York is not trying to prosecute him for a federal crime or for anything he did in connection with his presidential duties,” Scholl said. “But it’s certainly a potential delaying tactic.
Merchan said Trump would be free to speak about most evidence, just not that garnered by the prosecution and turned over to him for his defense in the case.He said the restrictions he would impose do not apply to the vast majority of evidence, which comes from the defense. But, Merchan added, “His words, especially when used in the form of rhetoric, can have consequences.”Merchan also asked Trump’s lawyers and prosecutors to see if they can agree on a trial date in February or March 2024, which would be in the thick of his campaign for the presidency.
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