To begin with the obvious, an indictment is a document used to formally bring criminal charges against an individual (here the Orange Menace).  Under the law, all criminal defendants are presumed to be innocent of the charged offense, and the prosecution has the burden to present sufficient evidence to convince twelve jurors to unanimously agree that the evidence proves that defendant guilty beyond a reasonable doubt.

There is no precise timetable for when a case must go to trial.  The U.S. Supreme Court has held that, as a matter of federal constitutional law, a trial begun within eight months of charges being filed is sufficiently speedy to satisfy the speedy trial clause of the U.S. Constitution.  If, as often happens, it takes more than eight months to bring a case to trial, the courts then use a balancing test to decide how long is too long.  In theory, Trump might be able to delay the trial until after the 2024 election.  If he succeeds in this goal, the problems for him will be mostly how much of a distraction the pending case(s) will be (both in terms of time and money) and how voters react to the charges.  While it’s too early to tell for sure, the initial reaction of voters seems to be that the true believers will see any accusation against their god as persecution and an attempt to block them from electing him.  This groups might be just enough to get him the Republican nomination, but this group is not large enough to get him elected.  On the other hand, a significant group of swing voters seem to be tired of the chaos and criminality associated with Trump, and these charges (unless something else comes out to undermine them) seem likely to make it harder for Trump to win the general election.

The “interesting” questions come when Trump is convicted.  (Most defendants are convicted.  While there is an old saying that a grand jury would indict a ham sandwich, that saying is only half true.  Yes, the prosecution controls what a grand jury hears, but they still need some credible evidence that the defendant committed a crime.  And, after you get the indictment, you still need to win a trial.  While some prosecutors might put the hand slightly on the scale to get an indictment in a case that is a close call, it does little good to bring charges when your evidence is so weak that you have no chance at getting a conviction.)  And this is a question of ballot laws in the fifty states (plus D.C.) and the rules of the Republican Party. Continue Reading...