Trump probe: Judge who oversaw Trump Org trial would get his case if indicted

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Fla. Gov. Ron DeSantis commented on developments in the potential indictment of former President Trump on Fox Nation’s ‘Piers Morgan Uncensored.’

New York State Supreme Court Justice Juan Merchan is presiding over the grand jury for Manhattan District Attorney Alvin Bragg's investigation into former President Trump and will get the case if an indictment is handed up, a court source tells Fox News.

Merchan was the judge overseeing the case and trial of the Trump Organization and its former CFO, Allen Weisselberg. Merchan is also the judge presiding over the fraud case against Steve Bannon relating to the "We Build the Wall" organization.

Merchan ultimately sentenced Weisselberg to five months in prison last year, and ordered Trump's companies to pay a $1.6 million fine, the maximum amount under New York state law.

The grand jury initially was expected to convene Wednesday afternoon. However, sources told Fox News that's no longer the case, though one source said the grand jury would be "on standby" for Thursday.

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New York Supreme Court Justice Juan Merchan will preside over former President Donald Trump's case if he is indicted.

Former President Donald Trump predicted that he would be arrested sometime this week. (Sam Wolfe/Bloomberg via Getty Images, File)

New York City law enforcement met on Monday to discuss the logistics of a potential Trump indictment. While an indictment is by no means certain, Trump himself has called on his supporters to "protest" and "take our country back," in the event of his arrest.

The NYPD and U.S. Capitol Police have already begun taking precautions in anticipation of potential protests. NYPD officers were instructed to be in-uniform and on standby throughout Tuesday, the day Trump initially predicted he would be arrested.

The USCP has also erected barricades at key points around the U.S. Capitol and is calling in more manpower. The organization clarified that it is not aware of any specific threats, however, and is only acting out of an abundance of caution.

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So far, few of Trump's supporters have heeded his call to "PROTEST, PROTEST, PROTEST," and to "take our country back." Only a handful arrived outside Bragg's office on Tuesday, and they were outnumbered by demonstrators calling for Trump's indictment.

"I wish more people had shown up," Trump supporter Philippe Lejeune, who was at the protest, told Politico.

Manhattan District Attorney Alvin Bragg speaks at a press conference on Sept. 8, 2022, in New York City. (David Dee Delgado/Getty Images)

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Trump would be the first former president in U.S. history to face criminal charges if he is indicted.

Bragg's investigation is just one of three Trump is facing. Special Counsel Jack Smith is investigating the former president's alleged mishandling of classified documents at Mar-a-Lago, and Georgia prosecutors are investigating Trump's efforts to overturn the result of the 2020 election in their state.

Fox News' Brooke Singman contributed to this report.