90, 70, 12, 1: The Trump prosecution by the numbers

The arraignment of Donald Trump is a historic moment as a former president stands in the dock to plead not guilty to a federal crime. It may foreshadow an equally historic trial in the Florida courthouse.

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A few key numbers could ultimately determine whether the case is history in the making or much ado about nothing. Those numbers are 90, 70, 12 and 1.

Now that the Justice Department is on the docket, the countdown begins. There is a reason why special counsel Jack Smith dedicated one of his few public lines after the indictment to declare that the Justice Department is intent on pursuing “a speedy trial.” Smith’s greatest problem is not Trump, but time.

The Justice Department has long followed a rule that it should not take actions that could influence elections. While there are ambiguities around the meaning of this policy, many legal observers read this rule as kicking in 90 days before an election.

[There’s plenty more, so read it all, but I am unsure how Smith gets this complete before August 2024. Trump will demand continuances in order to prepare his defense, and will need them with this many charges. He reportedly hasn’t yet settled on a defense team, and a court will be loathe to rush that. Trump has to figure that he’s better off running out the clock rather than showing up in court, and hoping that the next president will pardon him (or Trump will pardon himself) rather than face off in a criminal proceeding. It’s yet another reason why the indictment is an unwise decision in the middle of a campaign. — Ed]

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