Brandon Van Grack spoke to the New York Times for an article about former President Trump campaigning for the White House while multiple criminal prosecutions against him play out.
With the possibility of indictments from two inquiries into Trump's attempts to stay in power after the 2020 election, the federal investigation and a state investigation could cause a logistical issue. There is no overriding authority that acts as an air traffic controller when multiple judges are deciding dates that could conflict, but Brandon, who worked on the Russia investigation led by special counsel Robert Mueller, pointed to that inquiry as an example. Prosecutors brought charges against Trump's former campaign chairman Paul Manafort in two jurisdictions, first in the District of Columbia and then in the Eastern District of Virginia, but the trials took place in reverse order.
"There was sensitivity to hearing dates, and it was incumbent on counsel to educate both judges on the scheduling and conflicts, but there wasn't a rule that said the District of Columbia matter was charged first and therefore went to trial first," Brandon said. "It's judicial discretion."
Read the full article (subscription may be required).
Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.
© Morrison & Foerster LLP. All rights reserved
We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.