NEW HAVEN, Conn. (WTNH) — It’s not yet known what specific legal maneuvers former president Donald Trump’s defense team will take in the light of his 34-count indictment on Tuesday, but either way, it won’t be a straightforward road.

“I believe that there will be motions to dismiss,” said Ryan McGuigan, an attorney and former prosecutor. “I believe that they will be denied, and that they will be appealed, and then they will be appealed again and again. And I think that that will take us outside of the 2024 election. And, so, essentially, the American people are going to have to decide whether or not that they would like this president back as president, or the current president back as president.”

But how would McGuigan prosecute Trump?

“It is a case of falsifying business records,” McGuigan said. “It’s an interesting case.”

New York law also complicates things. McGuigan said that in the state, falsifying business records is an interesting statute that encompasses other behavior.

Using an example from Breaking Bad, McGuigan said that if you use selling chicken as a front for selling meth, and the owner is caught selling drugs, then they are also guilty of falsifying business records.

That means that prosecutors would have to show that the business records were falsified to defraud someone through another criminal behavior.

“That’s really the question that has not been defined in the indictment,” McGuigan said. “We don’t know what that activity is yet.”

As for a defense strategy, McGuigan’s first move would be to dismiss the indictment.

“The issue is, is that if there is no other felony, the statute of limitations is a year that’s clearly passed,” McGuigan said.

The defense could argue that the indictment isn’t timely. But New York, he said, also has strange statute of limitation laws — something that was utilized in the Harvey Weinstein case.