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A Criminal Probe of Trump Could Complicate Jan. 6 Cases

July 18, 2022
Josh Gerstein and Kyle Cheney

Defense attorneys for other defendants could demand evidence DOJ gathers against Trump.

Attorney General Merrick Garland is under pressure to investigate Donald Trump for his role in the Jan. 6 insurrection, but a move against the former president could complicate many of the hundreds of other criminal cases related to the storming of the Capitol.

Even if investigations into Trump and his inner circle are expanded — a slew of grand jury subpoenas and search warrants in recent weeks suggest prosecutors are circling his allies — the momentous decision about whether to charge Trump with a crime is months away, if not longer.

But if the Department of Justice starts assertively mounting a criminal investigation of Trump, it could create delays in other Jan. 6-related trials because defense attorneys for hundreds of defendants could demand access to much of the evidence against Trump as part of the discovery process.

“It’s messy. It’s a headache. And it’s a huge undertaking,” said Pace University law professor Bennett Gershman, a leading expert on so-called discovery practices in criminal cases.

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Found in Federal Crimes.