Donald Trump’s hush money trial was set to begin Monday, here’s what’s happening instead

Donald Trump's legal team seized the opportunity to advocate for a postponement or even a dismissal of the charges altogether
Donald Trump's hotly-anticipated first criminal trial was scheduled to commence Monday but has now been delayed due to new revelations (Michael M Santiago/Getty Images)
Donald Trump's hotly-anticipated first criminal trial was scheduled to commence Monday but has now been delayed due to new revelations (Michael M Santiago/Getty Images)

Key developments that led to postponement of Donald Trump's hush money trial

Pictured (L-R): Donald Trump, Stormy Daniels (aka Stephanie Clifford) (Getty Images)
Donald Trump is in legal hot water due to the payments made to allegedly silence Stormy Daniels (aka Stephanie Clifford) (Getty Images)

NEW YORK CITY, NEW YORK: Donald Trump's hotly-anticipated first criminal trial was scheduled to commence on Monday, March 25. However, proceedings took an unexpected turn as his legal team seized the opportunity to advocate for a significant postponement or even a dismissal of the charges altogether. Presiding over the pre-trial hearing in New York is Judge Juan Merchan, who convened to address the discovery complications that precipitated the trial's deferment on charges instigated by the Manhattan district attorney. These charges revolve around the alleged falsification of business documents linked to reimbursing Michael Cohen for hush-money payments, apparently designed to conceal an alleged affair with adult film star Stormy Daniels before the 2016 election. Trump, who vehemently asserts his innocence, faces a daunting total of 34 counts. If proceedings proceed as speculated in April, it would mark the onset of Trump's first criminal trial – possibly the sole one preceding the pivotal November election. Here's what you must know ahead of the trial:

Trial postponement and discovery issues

NEW YORK, NEW YORK - APRIL 04: Flanked by attorneys, former U.S. President Donald Trump appears in the courtroom for his arraignment proceeding at Manhattan Criminal Court on April 4, 2023, in New York City. Trump was arraigned during his first court appearance today following an indictment by a grand jury that heard evidence about money paid to adult film star Stormy Daniels before the 2016 presidential election. With the indictment, Trump becomes the first former U.S. president in history to be charged with a criminal offense. (Photo by Seth Wenig-Pool/Getty Images)
Flanked by attorneys, former US President Donald Trump appears in the courtroom for his arraignment proceeding at Manhattan Criminal Court on April 4, 2023, in New York City (Seth Wenig-Pool/Getty Images)

Following the revelation of over 100,000 new documents by the US Attorney for the Southern District of New York, Monday's hearing was ordered by Judge Merchan. These documents, stemming from the 2018 prosecution of Trump's former lawyer Michael Cohen, a pivotal figure in the case, led to the trial's postponement. Trump's legal team contends that this influx of information holds potentially exculpatory evidence for the former president, necessitating a comprehensive 90-day review period. This delay aligns with Trump's overarching strategy to defer all four criminal trials until after the pivotal November election. Judge Merchan, in his directive issued on March 15, delineated a 30-day extension, pushing the earliest trial date to April 15. Highlighting the scope of the hearing, Merchan clarified that it would solely address the document disclosure from the Southern District of New York, eschewing other contentious issues raised by Trump's lawyers, such as concerns about a Stormy Daniels documentary release potentially prejudicing the jury pool.

Document disclosure and review

NEW YORK, NY - DECEMBER 12: Michael Cohen, President Donald Trump's former personal attorney and fix
Michael Cohen, President Donald Trump's former personal attorney and 'fixer', arrives at federal court for his sentencing hearing on Dec 12, 2018 in New York City (Eduardo Munoz Alvarez/Getty Images)

At the heart of the legal labyrinth lies a trove of documents tracing back to the 2018 federal scrutiny into Cohen, which culminated in charges encompassing campaign finance violations and tax evasion. Most of the documents comprise records pivotal to securing search warrants for Cohen's devices and residences, notably including bank records. Alongside these, the US attorney's office divulged a staggering 30,000 pages intertwined with documents seized from five iPhones and email accounts linked to Cohen. Furthermore, prosecutors unveiled FBI interview notes from the probe led by special counsel Robert Mueller - obtained via the Freedom of Information Act litigation - which the office received as late as December. This flood of information, exceeding 200,000 pages, eventually led to the delay in proceedings. 

Blame game over document delay

NEW YORK, NEW YORK - JANUARY 11: Former U.S. President Donald Trump exits the courtroom for a break during his civil fraud trial at New York Supreme Court on January 11, 2024 in New York City. Trump won't make his own closing arguments after his lawyers objected to Judge Arthur Engoron's insistence that Trump stay within the bounds of
Donald Trump exits the courtroom for a break during his civil fraud trial at the New York Supreme Court on January 11, 2024, in New York City (Michael M Santiago/Getty Images)

In the legal tussle preceding Trump's trial, both his attorneys and prosecutors are sparring over the delayed disclosure of tens of thousands of documents by the US attorney's office. Trump's team alleges the district attorney hid exculpatory evidence until a January subpoena, while prosecutors blame Trump's attorneys for a six-month delay in raising concerns. Prosecutors asserted, "The belated nature of the recent productions is entirely a result of the defendant’s own inexplicable and strategic delay in identifying perceived deficiencies in the People’s disclosures and pursuing independent means to obtain that evidence."

Long shot bid to dismiss indictment

Former U.S. President Donald Trump sits in the courtroom during his civil fraud trial at New York Supreme Court on January 11, 2024 in New York City. (Photo by Seth Wenig-Pool/Getty Images)
Donald Trump sits in the courtroom during his civil fraud trial at New York Supreme Court on January 11, 2024 in New York City (Seth Wenig-Pool/Getty Images)

Trump's endeavor to dismiss the indictment appears to be a long shot, especially considering Judge Merchan's previous rejections of similar motions for dismissal. However, Monday's proceedings could offer insights into Merchan's stance on the adequacy of the delay to accommodate the deluge of new documents, potentially hinting at his willingness to curtail certain testimonies.

Stormy Daniels testimony greenlit

LAS VEGAS, NV - JANUARY 27:  Adult film actress/director Stormy Daniels attends the 2018 Adult Video
Adult film actress/director Stormy Daniels attends the 2018 Adult Video News Awards at the Hard Rock Hotel & Casino on January 27, 2018 in Las Vegas, Nevada (Ethan Miller/Getty Images) 

Judge Merchan has already affirmed his intent to permit Michael Cohen's testimony, rebuffing Trump's bid to bar it based on credibility concerns. Additionally, he greenlit Stormy Daniels' testimony, deeming her integral to the case's timeline. With a projected six-week trial duration, Trump would find himself in the courtroom four days a week, excluding Wednesdays, according to CNN.

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