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The Stormy Daniels case looks set to be the first Donald Trump indictment to go to trial, with a hearing set for this Thursday, February 15.
Judge Juan Merchan will hold an omnibus hearing to consider a large number of housekeeping motions, including admissibility of evidence, scheduling and a motion by Trump's lawyers to dismiss the case.
Once those matters are dealt with, the trial could begin as planned on March 25.
The Stormy Daniels case appears to be the least well-known of the criminal cases Trump is facing. A survey for YouGov in January found 39 percent of American adults had heard a lot about it, 42 percent had heard a little, and 18 percent had heard nothing at all. This meant the case had the lowest recognition of those in the survey, which also included the federal election and January 6 case; the classified documents case; and the Georgia election case.
However, with Trump expected to file an emergency petition to the Supreme Court in his election interference case in Washington D.C, that case is likely to be postponed by at least several months, pushing the Stormy Daniels case to the front of the queue.
On January 14, Daniels said on her podcast that she is "set to testify" against Trump.
"Obviously, things have been next level crazy since I am set to testify in, at this point in time, March," Daniels, whose real name is Stephanie Clifford, said during an episode of her podcast, Beyond the Norm.
Newsweek sought email comment on Monday from Donald Trump's attorney.
Many commentators will be focused on the possible testimony of Trump's former chief financial officer, Allen Weisselberg, although his inclusion at this late stage would likely lead to a delay in the trial's starting date.
Bryan M. Sullivan, Hunter Biden's attorney and a founding partner at Los Angeles-based Early Sullivan Wright Gizer & McRae, told Newsweek last week that Weisselberg could be the perfect person to "join the dots" in the case.
The New York Times reported on February 1 that Weisselberg is willing to cooperate with authorities and admit that he lied in Trump's recent New York fraud trial. His lawyer declined to comment on that report.
"Cooperation likely will be part of the plea but since the fraud trial has concluded, it would have to be in connection with some other case–most likely cooperation in the criminal case relating to alleged payoffs to Stormy Daniels," Sullivan said.
Sullivan said that the Daniel criminal trial "is the only case pending in New York and Weisselberg may be able to connect the dots on the money that was used for the alleged payoff."
Prosecutors allege that Trump reimbursed his former lawyer Michael Cohen via a series of checks for "hush money" payments made to Daniels so that she wouldn't reveal their affair during Trump's successful 2016 presidential campaign.
Trump has pleaded not guilty to 34 felony charges relating to the case and has repeatedly said it is part of a political witch hunt aimed at derailing his bid for the White House.
It is also the first criminal case filed against Trump, with Manhattan District Attorney Alvin Bragg bringing felony charges against the former president in March 2023.
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About the writer
Sean O'Driscoll is a Newsweek Senior Crime and Courts Reporter based in Ireland. His focus is reporting on U.S. law. ... Read more