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---
title: First Trump Criminal Trial Likely to Be NY Hush Money Case
description: The New York trial could start in March. Trump's inner circle views it as the "goofiest" criminal case against him, a source tells TIME
canonical: https://time.com/6692815/donald-trump-court-criminal-trials/
author: Brian Bennett
article:opinion: false
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article:published_time: 2024-02-08T20:00:00.000Z
article:modified_time: 2026-10-19T07:39:26.603Z
article:section: Politics
og:title: First Trump Criminal Trial Likely to Be NY Hush Money Case
og:description: Trump's New York criminal case could be the first to go to trial next month. A member of his inner circle calls it the "goofiest" of the four criminal cases against him
og:url: https://time.com/6692815/donald-trump-court-criminal-trials/
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og:image:width: 2400
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og:image:alt: New York Grand Jury Votes To Indict Former President Trump
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twitter:title: First Trump Criminal Trial Likely to Be NY Hush Money Case
twitter:description: Trump's New York criminal case could be the first to go to trial next month. A member of his inner circle calls it the "goofiest" of the four criminal cases against him
twitter:image: https://static.time.com/v3/assets/bltea6093859af6183b/bltae3e9f152bad63eb/698a485c457a5289fad68cde/trump-legal-cases-new-york-002.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9
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![](https://static.time.com/v3/assets/bltea6093859af6183b/bltae3e9f152bad63eb/698a485c457a5289fad68cde/trump-legal-cases-new-york-002.jpg?branch=production&width=1200&quality=75&auto=webp&crop=16:9)


# Trump's Criminal Trials Likely to Start With the One Some Take Least Seriously

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<!-- video src="https://cdn.jwplayer.com/manifests/nDcHXqw3.m3u8" -->
## Video: Breaking Down Trump's Four Indictments

[Watch (HLS stream): Breaking Down Trump's Four Indictments](https://cdn.jwplayer.com/manifests/nDcHXqw3.m3u8) (5:40)

![Breaking Down Trump's Four Indictments](https://cdn.jwplayer.com/v2/media/nDcHXqw3/poster.jpg?width=720)

_Published 2023-09-14. TIME Senior Correspondent Brian Bennett explains all four of former President Donald Trump's criminal indictments._


by [Brian Bennett](https://time.com/author/brian-bennett/) and [Eric Cortellessa](https://time.com/author/eric-cortellessa/)

Feb 8, 2024 8:00 PM UTC

TIME Senior Correspondent Brian Bennett explains all four of former President Donald Trump's criminal indictments. 

by [Brian Bennett](https://time.com/author/brian-bennett/) and [Eric Cortellessa](https://time.com/author/eric-cortellessa/)

Feb 8, 2024 8:00 PM UTC

When Manhattan District Attorney Alvin Bragg [indicted](https://manhattanda.org/district-attorney-bragg-announces-34-count-felony-indictment-of-former-president-donald-j-trump/) Donald [Trump](https://time.com/6264019/trump-indictment-charges-campaign-donations/) last April, the first criminal indictment of a former President in history, the case drew some derision. Prosecuting a former President over hush-money payments to a porn star seemedtrivial and relied on a legal technicality to bump the charges up to felonies, some said. Given that three other cases were targeting Trump for trying to overthrow the 2020 election and refusing to return national security secrets, Bragg’s case seemed like weak sauce. 


Ten months later, the New York case has become less of an afterthought. In fact, it might end up being the main show. As the other three cases find themselves facing various legal roadblocks, Bragg may be the best positioned to hand Donald Trump a felony conviction before the November election.

Bragg is gearing up to bring Trump to trial in late March, according to a person familiar with the case, hopscotching over a federal case focused on the Jan. 6 attack on the Capitol that had been previously seen as likely to be the first of Trump’s four criminal trials. While Trump’s inner circle says it would prefer none of the criminal trials happen before Election Day, some see a trial on the New York case as the next best outcome for the former President. "It is the goofiest of all cases,” says a Republican strategist close to the Trump campaign. “If Trump beats this case, it sets the tone and feeds into his narrative that all of these cases are a witch hunt.”


The Bragg case hinges on the timing of Trump’s efforts to cover up a sex scandal—weeks before the 2016 election. Trump is charged with 34 counts of faking business records to hide payments to actress Stormy Daniels intended to stop her from publicly describing a sexual encounter. Bragg has argued that the charges should be bumped up to felonies from misdemeanors because the payments were covering up a federal crime: election interference.

The core of the case “is not money for sex,” Bragg said in a Dec. 22 interview on WNYC New York Public Radio. “We would say it's about conspiring to corrupt a presidential election and then lying in New York business records to cover it up,” Bragg said.

Bragg’s office is watching closely for New York state judge Juan Merchan to rule as early as next week on an effort by Trump to get the case tossed out, according to a person familiar with the case. Trump has argued the indictment should be thrown out on grounds that state laws don't affect federal elections and that the case was politically motivated. Bragg and his staff see signs that point to Merchan rejecting that argument, further bolstering their legal theory that charging Trump with felonies because of how the hush-money payments impacted the presidential election is valid.

Merchan’s ruling will follow one in July from Judge Alvin Hellerstein in the Southern District of New York, who kept the case in state court and affirmed the prosecution’s assertion that “Trump can be convicted of a felony even if he did not commit any crime beyond the falsification, so long as he intended to do so or to conceal such a crime.”

![Manhattan District Attorney Alvin Bragg speaks during a press conference following the arraignment of former U.S. President Donald Trump in New York City](https://static.time.com/v3/assets/bltea6093859af6183b/blt4d10f4dfa022bbee/698a485db21a9c56d55087a2/trump-legal-cases-new-york-001.jpg?branch=production&width=1200&quality=75&auto=webp)

Manhattan District Attorney Alvin Bragg speaks during a press conference following the arraignment of Trump in New York City on April 4, 2023. Jeenah Moon—The Washington Post /Getty Images

Within Bragg’s office, staff are operating under the assumption that the case will move to jury selection on March 25\. The prosecution believes it could present its case in 3 to 4 weeks, which could pave the way for a verdict by the summer, well before the November election. If convicted, Trump could face a sentence up to four years in prison.


Bragg’s recently bulked up the team handling the case by adding one of the city’s most experienced trial attorneys, Joshua Steinglass, who has tried high-profile gruesome homicides in front of New York juries. He also worked on the white collar case that convicted the Trump Organization of tax fraud last year. Steinglass joins the chief of the investigative division, Susan Hoffinger, Chris Conroy, who has been in the district attorney’s office for two decades, and former senior Justice Department official Matthew Colangelo.

“Which is the most viable, which is the one that could actually go?” says the person familiar with Bragg’s preparations on the case. “All signs are pointing to” Bragg’s case, the person says. 

The New York case comes as the other three criminal cases against Trump—two in federal court and one out of Georgia—hit delays and potential roadblocks. 

* The Jan. 6 case: Special Prosecutor Jack Smith charged Trump with four counts related to his actions leading up to the Jan. 6, 2021 attacks on the Capitol. That trial was scheduled to start March 4 but has been postponed while Trump’s claim that he has immunity from prosecution winds its way through the courts. An appeals court ruled Tuesday that Trump is not immune from prosecution for actions he took while in office. Trump plans to appeal that decision to the Supreme Court. "President Trump respectfully disagrees with the D.C. Circuit Court's decision and will appeal it in order to safeguard the Presidency and the Constitution,” says Steven Cheung, a Trump campaign spokesperson.
* The classified documents case: Smith’s case dealing with Trump’s refusal to return classified documents from Mar-a-Lago is scheduled for trial in May, but will likely be pushed back over Trump’s pretrial motions and other legal maneuvers.
* The Georgia case: The case charging Trump with interfering in Georgia’s election results is snarled for now in legal challenges over Fulton County District Attorney Fani T. Willis’ personal relationship with the lawyer she appointed to lead the investigation into Trump. While the trial might still begin this year, it is not expected to be completed before Election Day.


If Trump wins the election, he could stop the Justice Department from pursuing the federal cases against him, as well as try to pardon himself from federal charges. As the Georgia and New York cases deal with state crimes, a President’s pardoning power would not apply.

![WASHINGTON, DC - AUGUST 1: Special Counsel Jack Smith arrives t](https://static.time.com/v3/assets/bltea6093859af6183b/blt35e439dcc5ab4c77/698a485c47ca386b4f3bc00f/trump-legal-cases-new-york-003.jpg?branch=production&width=1200&quality=75&auto=webp)

Special Counsel Jack Smith arrives to announce the indictment of Trump during a press conference in Washington, on Aug. 1, 2023. Ricky Carioti—The Washington Post/Getty Images

Bragg has said that he won’t stand in the way if one of the other cases is ready to move first. “We’re not going to stand on ceremony. There’s other dockets here, broader justice may warrant another case going first, but we stand at the ready,” Bragg said during a Jan. 8 interview with NY1\. At this point, the New York case seems best positioned to go to trial first.


Trump’s camp thinks his legal woes won’t cripple his election chances, despite polls that suggest he could lose significant support if convicted of a felony. "Even with a conviction in any of these cases, President Trump is still neck and neck with Joe Biden,” says a source close to Trump. “That should scare the hell out of the Democrats.”


## Transcript

[00:07] Former President, Donald Trump has now been charged with crimes
[00:10] in four separate cases.
[00:11] He's the first former American president to be indicted
[00:15] in the country's history.
[00:16] Now, Trump's pleaded not guilty to all 91 charges against
[00:20] them. So, let's break down What charges he faces.
[00:23] And for, what crimes first, there's the hush money case in New
[00:27] York, Trump is charged with falsifying business records.
[00:30] In that case, the Manhattan district attorney album,
[00:33] Bragg alleges that Trump broke the law and trying to hide hush.
[00:37] Money payments to the adult film actress Stormy,
[00:39] Daniels to buy her silence leading up to the 2016
[00:42] election. My attorney and I are committed to making sure that
[00:46] everyone finds out the truth and the facts of what happened
[00:50] and I give my word that we will not rest.
[00:53] Until that happens in the middle of the case is warmer fixer.
[00:56] Michael Cohen have a central issue and Brax case hangs on how
[01:00] the Trump organization and Trump recorded paying Michael
[01:05] Cohen hundred, thirty thousand dollars for a payment that Michael
[01:08] Cohen made Stormy Daniels.
[01:09] Michael Cohen says that payment was intended to buy Daniel
[01:13] Silence about an alleged affair with Trump in the weeks before
[01:16] the 2016 election.
[01:18] And Cohen says his reimbursements were falsely reported
[01:21] an internal Trump company reports as legal fees.
[01:25] When actually, the money was a campaign expense to keep the end
[01:29] of quiet is working for truck directed.
[01:34] Michael Cohen to make hush money payments and then they were
[01:37] falsely book on the company.
[01:39] Records phone is also said that Trump knew about the details.
[01:44] Of the payment and why it was being made Trump's legal team
[01:47] denies this and says, the Trump would have paid off Daniels
[01:50] regardless of whether he was running for president,
[01:52] that Manhattan trial is set for March of next year.
[01:56] Just as the presidential season is ramping up then there's
[01:59] the classified documents case.
[02:01] Trump faces criminal charges for allegedly taking home secret
[02:06] documents after he left the White House and repeating the refusing
[02:10] to return them and asked by federal officials in that case,
[02:14] then slap is 40, felony counts, including willful retention
[02:18] of National Defense information in violation of the Espionage
[02:20] Act and other charges like obstructing justice and making
[02:24] false statements, that case will be tried in May 2024.
[02:29] So maybe next year, in federal court,
[02:32] in Fort Pierce Florida, another court date in the middle of Trumps
[02:36] busy campaign season.
[02:37] Also faces federal charges for his role in trying to overturn
[02:41] the 2020 election.
[02:44] Jack's Department, special counsel.
[02:46] Jacksmith allege. The Trump knew he was lying.
[02:48] When he was spreading lies about the election fraud and that
[02:51] trouble part of a broader effort to create Slade to fake electors
[02:55] and interfere with the process of certifying,
[02:57] the election results in Congress.
[02:59] In that case, among the four charges,
[03:02] Trump spaces are conspiracy to defraud the United States conspiracy
[03:06] to obstruct an official proceeding and conspiracy against
[03:09] citizens. Right to vote in the election of a case is set to be
[03:14] tried in federal court in DC.
[03:16] In March the same month is supposed to go to trial for the hush
[03:19] money payments in New York.
[03:20] That's just going to be really busy for Trump in court and on
[03:23] the campaign Trail, then there's the Georgia election case.
[03:27] Trump's been charged by Fulton County district attorney
[03:29] Bonnie Willis for participating in the broad effort to overturn,
[03:33] binds Electoral College, win in that state.
[03:38] Part of the illegal effort to overturn the results of Georgia's,
[03:43] 2020 presidential election Trump faces, 13 counts.
[03:48] In the case, including violating State, racketeering
[03:51] laws, soliciting a public official to violated those both of office,
[03:55] conspiring to commit forgery, in the first degree,
[03:58] conspiring to file, false documents and making false statements.
[04:04] Willis also charged 18, other defendants along with Trump including
[04:08] White House, former Chief of Staff, Mark Meadows and legal
[04:11] advisor, Sidney, Powell, and former Trump attorney Rudy Giuliani.
[04:15] This indictment is a travesty, it's an attack on,
[04:19] not just me, not just President Trump,
[04:22] not just the people in this indictment,
[04:25] some of whom I don't even know.
[04:27] What is an attack on the American people?
[04:29] In the Georgia case?
[04:30] Trump is accused of being the head of a criminal,
[04:33] Enterprise to overturn, the 2020 election, refusing to accept
[04:36] his loss and making unfounded assertions of widespread
[04:40] election fraud in Georgia.
[04:41] The indictment also alleges that Trump pressure,
[04:44] the Republican governor of Georgia, Brian Kemp,
[04:46] and other top state officials to find a way to reverse his loss
[04:50] and is north of the famous recorded phone call between Trump
[04:54] and Georgia Secretary of State Brad raffensperger in the recording
[04:58] from January 2nd 2021 Trump is heard asking the state's top election
[05:03] official. Tri-quilt find 11780 boats.
[05:09] One more than the number.
[05:10] He lost by and then decide to swing state.
[05:13] Trump has described that phone, call is perfect and denied,
[05:16] he did anything wrong.
[05:17] That trial will be held in Atlanta.
[05:20] One thing is for certain Trump's going to be spending a lot of
[05:23] days in court next year at a time,
[05:25] when he had planned to be on the campaign Trail,
[05:26] trying to win another four years in the White House.

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