Analysis: Trump's Legal Battles Intensify

Norman Eisen, a CNN legal analyst who previously served as President Barack Obama's ethics czar and impeachment counsel to the House Judiciary Committee from 2019-2020, shares his views in this commentary. Andrew Warren, the elected state attorney in Hillsborough County, Florida, previously worked as a prosecutor with the US Department of Justice before his election in 2016. The opinions expressed in this article belong to them. For more perspectives, visit CNN's opinion section.

Despite the common belief that former President Donald Trump has managed to evade accountability, he is now facing a double blow that could have lasting consequences. Recent developments indicate that the New York criminal case filed by Manhattan District Attorney Alvin Bragg will likely be given a start date in April, following a brief delay caused by a sudden influx of federal documents. Additionally, New York Attorney General Letitia James has already secured a civil judgment that is progressing rapidly, with plans to seize Trump properties possibly as early as Monday. This upcoming week is poised to be a crucial moment in both legal proceedings.

Norm Eisen

Norm Eisen

In the Bragg case, Trump is accused of trying to hide payments he made to Stormy Daniels to keep their alleged affair a secret during his 2016 presidential campaign. Trump denies the affair and has pleaded not guilty. The trial was supposed to start on March 25, but it was postponed to mid-April because of a last-minute submission of thousands of documents by federal prosecutors in response to a subpoena from Trump. An evidentiary hearing to discuss the new documents is scheduled to begin on Monday.

Andrew Warren

Andrew Warren

State Attorney's Office

The hearing has experienced some expected delays from the Trump team, but we anticipate that it will still result in an April trial date. If our prediction is accurate, Trump may finally have to stand trial before a criminal jury. This case has been deemed crucial for democracy ever since charges were brought by the grand jury almost a year ago.

We believe that based on the details of the dispute, the trial date is unlikely to be postponed again. On March 8, Trump accused the DA of not following the discovery process properly and even suggested absurd ideas like collaborating with Daniels to conceal the release of her upcoming documentary. Trump once again requested the court to dismiss the indictment, or alternatively prevent Daniels and his former lawyer, Michael Cohen, from testifying - a request that had been previously rejected. He also asked for a 90-day delay to review the newly produced records.

The DA's office promptly agreed to a 30-day delay to allow Trump and themselves to review the extensive 100,000-page production from the US Attorney's Office for the Southern District of New York (USAO-SDNY). The court approved this request. Recently, the DA's office informed the court that the majority of the material provided was either irrelevant or duplicated.

As experienced criminal law practitioners with over fifty years of combined experience and numerous trials under our belt, we believe that the current 30-day adjournment period is more than enough for Trump to have a "meaningful opportunity" to review the materials before the trial. The District Attorney argues that most of the records are not relevant, with only around 270 documents identified as important, particularly those related to key witness Cohen.

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Former Trump White House official reacts to Trump’s legal problems, calling it 'a nightmare for him'. The DA strongly refutes Trump's claims of discovery violations. It seems that the responsibility for the timing of document production lies with Trump and USAO-SDNY, not the DA. Over a year ago, the DA requested a substantial amount of documents from SDNY, who held back many. Trump then waited until just a few months before trial to subpoena the materials, causing SDNY to release a flood of documents. The DA should not be blamed for this delay.

We agree with the DA that it is time to proceed to trial. Judge Juan Merchan is allowing Trump to have a hearing to express his concerns. All the necessary documents have been produced, and we anticipate that the hearing on Monday will lead to a prompt order for trial to begin.

Some believe that Trump has been successful in delaying prosecution in this case as well. However, if the trial starts as expected in mid-April, his tactics to delay will not be effective.

However, that is not the only legal issue Trump dealt with last week. The next challenge came from the New York attorney general's office after successfully prosecuting Trump, his sons Donald Jr. and Eric, and other Trump Organization entities and former executives who disputed the claims. In February, after a two-month trial that concluded in December and included closing arguments in January, Judge Arthur Engoron ruled against Trump, ordering him to pay $354,868,768 for a decade of deceit within his organization. Including interest, Trump's total payment amounted to around $454 million.

Trump reportedly reached out to about 30 companies in an attempt to secure this substantial amount but was unsuccessful. On March 18, Trump's legal team informed the court that obtaining such a large bond was practically impossible. They requested either a stay or permission to post a $100 million bond. The attorney general's office countered by stating that there was no legal basis for a stay and suggested that Trump could obtain multiple smaller bonds to fulfill his judgment.

Setting aside the challenges of coming up with almost half a billion dollars in cash or through a bond backed by assets that are not easily sold, the truth is that the impact of Engoron's fraud ruling is now becoming apparent. It will be difficult to raise this money. Trump was given 30 days to meet the judgment from February 16, and as of Monday, that time has run out.

Republican presidential candidate former President Donald Trump speaks at a campaign rally, March 9, 2024, in Rome Ga.

Republican presidential candidate former President Donald Trump speaks at a campaign rally, March 9, 2024, in Rome Ga.

Mike Stewart/AP

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Opinion: Trump’s image is on the line

James was ready for this situation. After the court's decision, she mentioned that she was prepared to take the necessary legal actions to make sure Trump pays what he owes to New York state. True to her word, James has taken action. Recently, she placed a lien on Trump's properties in Westchester County, NY, including the Seven Springs property that was part of the fraud trial. The court found that the Trump Organization had valued Seven Springs at $161 million, despite appraisals valuing it much lower, between $5.5 to $21 million.

During an interview, James hinted that she was also looking at seizing the Manhattan property, 40 Wall Street. Interestingly, the property is right next to her office, and she sees it every day. In 2015, the property was appraised at $540 million, although the Trump Organization had inflated its value by almost $200 million. CNN has reported that a judgment has been made to begin the process of seizing Trump's real-estate assets in New York City, with 40 Wall Street being one of his prominent properties.

Trump is currently facing a challenge in finding the necessary funds. He can consider options such as following the advice of the Attorney General and obtaining multiple bonds, seeking financial assistance from a foreign government like Saudi Arabia or Russia, or resorting to declaring bankruptcy. Recently, his social media company merged with Digital World Acquisition Corp., a move that could potentially offer him the financial support he requires. However, he would need approval from the board of that entity to sell or borrow against his equity.

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The New York attorney general is likely going to keep putting liens on Trump's properties. She may not immediately evict Trump from his 30,000-square-feet Trump Tower apartment, which is actually 10,996 square feet. Even Trump himself has acknowledged that he might have to sell his "Great Assets" at "Fire Sale prices."

The connection between the criminal and civil cases in New York goes beyond just the timing of these recent developments. Bragg has consistently stated that his case is about corrupting an election, potentially committing fraud against the voters. This aligns with the financial fraud allegations in the NY attorney general's case, and sets the stage for the alleged conspiracies to unlawfully influence the 2020 election in the DC and Georgia prosecutions.

In New York, the former president is currently facing serious legal trouble, unlike the delays in other jurisdictions or the Mar-a-Lago documents case in Florida. We believe that he is not avoiding legal accountability but rather is being pushed into a corner and is likely to face severe consequences, possibly even a knockout blow.

Editor's P/S:

The article provides an in-depth analysis of the legal challenges facing former US President Donald Trump. The authors, Norman Eisen and Andrew Warren, highlight the significance of the upcoming trial in New York regarding hush money payments made to Stormy Daniels during the 2016 presidential campaign. They argue that the trial, which is scheduled to begin in mid-April, could have lasting consequences for Trump, as he may finally have to face a criminal jury. The authors also examine the civil judgment secured by New York Attorney General Letitia James, which has resulted in liens being placed on Trump's properties. They believe that this civil action will continue to put pressure on Trump and may lead to the seizure of his assets. Overall, the article suggests that Trump is facing serious legal troubles in New York and that the upcoming developments in both the criminal and civil cases could have a significant impact on his future.-day delay suggest that the trial is finally moving forward. The civil case, which alleges that Trump and his organization engaged in fraudulent financial practices, has also been delayed by Trump's legal team, but the judge has ordered Trump to pay the judgment and has placed a lien on his properties in Westchester County, NY. These developments indicate that Trump is facing a real possibility of criminal and civil penalties for his actions, and that his attempts to avoid accountability may finally be coming to an end.