OUR Donald Trump claims he should be arrested today, Tuesday, on charges of investigating a $130,000 payment to a porn star named Stormy Daniels in 2016.

If that happens, he will be the first of their presidents. USA who will be prosecuted.

In this context, the BBC answers a number of critical questions about the case:

What are the accusations against Trump?

In 2016, adult film actress Stormy Daniels contacted the media and offered to sell information about her relationship with Donald Trump in 2006.

This fact attracted the attention of Trump’s associates, and his lawyer Michael Cohen paid Daniels $130,000 to hush up the case.

This in itself is not illegal. But when Trump reimbursed Cohen, the payment record included legal fees. According to prosecutors, this means that Trump falsified business documents, which in New York is considered a misdemeanor and, therefore, a felony.

Prosecutors could also argue that it violated election law, since Trump’s attempt to cover up payments he made to Daniels was motivated by the fact that his constituents were unaware of his affair with her.

Covering up a crime by falsifying records was considered a felony, which is a more serious charge.

Even lawyers admit that this is by no means an unambiguous case. There have been few such cases in the past, and attempts to prosecute politicians who have crossed the line between campaign finance and personal spending have been unsuccessful.

“It’s going to be difficult,” says Katherine Christian, a former financial prosecutor in New York.

Will there actually be charges?

The decision on whether to file charges rests with New York District Attorney Alvin Bragg, who alone knows whether and when an indictment will be announced.

Trump’s lawyers said last week that the former president was given the opportunity to appear before the committee investigating the case, a sign that the investigation will soon be completed.

In addition, the lawyers deny that they or Trump received any notice of the upcoming indictment, saying the former president’s claims that it would happen on Tuesday are based on media reports.

However, there are other signs that the commission is completing its investigation.

Both Michael Cohen and former legal counsel Robert Costello have testified in recent days.

Costello was named Trump’s defense on Monday to discredit Cohen’s testimony.

What if Trump gets arrested?

If Trump is indicted, his lawyers are hinting that the former president will be arrested in the usual way.

This means he can travel to New York from his home in Mar-a-Lago, Florida to stand trial and then be formally taken into custody, fingerprinted and photographed as a prisoner.

Given that such a decision would be historic, as well as security concerns, it remains unclear how this case might end, although it is likely to be negotiated between the DA’s office and the Trump team.

Once the case is closed and a judge selected, details such as the date of the trial, possible travel restrictions for the defendant and bail requirements will also be worked out.

The trial – the moment when the defendant appears before the judge – is open to the press. However, the court may take certain measures, such as granting him private access to the court to protect his privacy and ensure his safety.

Law enforcement agencies, including the Secret Service, which guards Trump and other former presidents, have reviewed their plans for dealing with arrests, officials told US media.

A misdemeanor conviction carries a fine. But if convicted of a felony, Trump could face up to four years in prison, though some legal experts predict a fine is more likely and Trump behind bars unlikely.

Will there be protests?

After Trump announced on social media that he would be arrested on Tuesday, he called on his supporters to massive protests: “We just can’t let this happen anymore. They are killing our nation and we sit and watch them,” he wrote in a post.

The tone of his statements is very reminiscent of his rhetoric before his supporters stormed the Capitol in January 2021, and thus raised fears of possible outbreaks of violence.

Prosecutor Alvin Bragg is in close contact with the NYPD, according to a letter leaked to the press on Sunday.

“We will not tolerate attempts to intimidate our office or threats to the rule of law in New York,” he wrote.

According to him, law enforcement agencies will ensure that any threats are fully investigated and the necessary security measures are taken.

However, there is no evidence yet of organizing mass protests like those that led to the violent incidents on January 6, 2021.

Will Trump be able to run again?

An indictment or even a criminal prosecution will not stop Trump from continuing his campaign, and he has shown that he will not stop no matter what.

In fact, there is nothing in US law that would prevent a candidate convicted of a felony from campaigning and running for president—even from prison.

However, Trump’s arrest will certainly complicate his presidential campaign.

While some Republican voters may rally around Trump, the case could also be a big distraction for a candidate trying to win votes and participate in the political debate.

It would also exacerbate the already sharp divisions within the American political system.

Conservatives see justice taking a different stance on the Trump case, while liberals see it as a matter of bringing wrongdoers to justice — even those in the highest positions of power.

^{Source: BBC}