District Attorneys are elected by the counties they serve, and the rules that govern their election are a matter of state law and county practice, which means that not all DAs are created alike. They also have different jurisdiction—the limits on what they can and can’t do and how they must proceed—and operate under different laws depending on the state and county they serve.
As we’ve learned from following the Trump prosecutions, the process is different in Georgia than in, say, New York.
With all of the drama in the Manhattan DA’s case this week, the March 25 trial date is off the table, replaced by a hearing on Trump’s allegation that the DA’s office failed to comply with its discovery obligations and, specifically, concerns about a dump of documents from the U.S. Attorney’s Office in the Southern District of New York—not the prosecutors in this state case—which showed up pursuant to a subpoena Trump’s lawyers sent them. The Judge has told the lawyers to hold the dates on their calendars and suggested that if the case survives Trump’s motion to dismiss, trial could commence promptly.
Trump has asked for a delay of 90 days, or a trial date of never. The decision is up to the Judge, but it’s unlikely that any of Trump’s discovery complaints will be enough to derail the case permanently, and it’s possible we could still see a spring or summer trial. So, tonight we’re doing a deep dive into how all of this all works in New York with friend of the newsletter, Westchester County DA Mimi Rocah. Many of you know Mimi from her commentary on MSNBC before she was elected. She is a former federal prosecutor and highly regarded law enforcement leader. We are fortunate to have her with us tonight!
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