On a long-awaited and historic day for the USA, Mr. Donald Trump became the first former president to face criminal charges.

Manhattan District Attorney Alvin Bragg yesterday accused the 76-year-old Trump of falsifying business records in New York to hide compromising information and illegal activities from American voters before and after the 2016 election.

The official process took almost an hour Trump is indicted on 34 charges, mostly related to paying $130,000 to porn star Stormy Daniels.. The prosecutor’s office found that the payment of money was made in the context of an attempt to promote his candidacy by hiding information with a negative sign for him before the 2016 presidential election.

According to a press release from Manhattan District Attorney Alvin Bragg, during the 2016 election season, Trump and his associates implemented a “catch and kill” scheme. Trump, 76, has reportedly gone to great lengths to keep the information under wraps, making dozens of false entries in business records.

“The state of New York alleges that Donald Trump fraudulently falsified business records in New York multiple times to hide compromising information from voters during the 2016 presidential election,” Attorney Bragg said.

“Wow, I’m getting arrested”

Before appearing before Judge Juan Mercan, Trump went to the office of Manhattan District Attorney Alvin Bragg. According to the New York Times, he was fingerprinted but not photographed or handcuffed.

About 60 journalists were in the courtroom, but they were not allowed to use electronic devices.

Trump was released without bail. The judge did not forbid him from public publications, warning that he would reconsider his decision. Prosecutors said in court that they plan to call Stormy Daniels as a witness.

The New York Times noted that “One of the few times Trump looked as angry as he does today was during his second presidential debate with Hillary Clinton, two days after the infamous October 2016 tape was released.”

Wearing a navy blue suit and red tie, the 76-year-old Trump had previously entered the courthouse without expression and greeted supporters with a raised fist. He entered the courtroom with his lawyers, silently walked down the aisle and pleaded not guilty to the charges.

From the car that was taking him to court, Trump made the following post: “I’m on my way to Lower Manhattan to court. It seems so surreal – wow, I’m going to be arrested. I don’t believe this is happening in America.”

Role of American Media Inc.

According to the indictment, in October 2016, the editor and managing director of the National Enquirer approached Trump’s then-lawyer Michael Cohen and told him that Daniels claimed to have had contact with Trump.

Cohen reportedly negotiated a monetary reward with Daniels to “ensure her silence”. However, Trump reportedly instructed Cohen to delay the payment to Daniels for as long as possible.

From August 2015 to December 2017, Trump orchestrated his scheme, according to court documents and court records.

In one case, American Media Inc (AMI) paid $30,000 to a former janitor at Trump Tower who claimed to know a story about Trump’s child’s illegitimate father.

In another case, AMI paid $150,000 to a woman who claimed she had a sexual relationship with Trump. When he asked a lawyer, then working as a “special adviser” to the Trump Organization, to return the money to AMI, he informed Trump that the payment must be made through a shell company, not in cash.

AMI, which later admitted as part of a deal with federal prosecutors that its position was illegal, made false entries in its business documents about the true purpose of the $150,000 payment.

For the third time, 12 days before the presidential election, the Trump Organization Special Counsel sent Daniels’ lawyer $130,000. The payment was made by a shell company financed through a Manhattan bank. The special counsel later pleaded guilty and served a prison sentence for illegally paying money during an election campaign.

Checks with false endorsement

After winning the election, Trump reimbursed him with a series of monthly checks, first from the Donald Trump Trust, set up in New York to manage Trump’s organization’s assets during his presidency, and then from Trump’s personal bank account. A total of 11 checks were issued on false grounds. Nine of those checks were signed by Trump. All checks were processed by the Trump Organization and were in the form of payment for legal services rendered under a non-existent agreement.

A total of 34 false entries were made in New York business documents to hide the $130,000 down payment. In addition, the participants in the scheme took steps to distort – for tax purposes – the true nature of the compensation.

“Interference in the 2024 Presidential Election”

Hours after he was indicted by a New York court, Trump denounced the “interference” of the judiciary in the 2024 presidential election.

When will he appear before the judge again?

Trump will appear before a judge at a hearing on December 4, 2023.

His lawyers will undoubtedly fight hard against the charges, filing motions to exclude evidence and testimony that they believe would harm his defense, as is customary in criminal cases.

What Legal Analysts Value

However, the conviction of the former president should not be considered indisputable. Legal circles explain that the New York prosecutor’s office never combined in its indictment the charge of falsifying the balance sheet (the payment to Daniels was claimed as Trump’s campaign expenses) with violating state presidential campaign laws.

With the prosecution now in uncharted waters, the chief judge may declare the evidence insufficient to establish a crime, downgrading the indictment to a misdemeanor.

Even if the indictment stands, charging Trump with a felony will not land him in jail, even though his crime is punishable by up to four years in prison.

Federal justice, though stricter than state justice, rarely jails those convicted of financial crimes, with the exception of high-profile defendants such as con man Bernie Madoff.

What other criminal investigations threaten Trump?

The Justice Department is investigating Trump’s coup attempt and incitement to attack Congress on January 6.

In another criminal investigation involving Trump’s possession of classified documents at his Mar-a-Lago mansion in Florida, federal prosecutors are looking into whether Trump willfully withheld national security information and obstructed justice.

Trump is also under investigation in Georgia for allegedly trying to influence the election. Fulton County District Attorney Fanny Willis has requested a grand jury. He recommended the filing of charges for which it is not known.

Can he 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 the justice system in the Trump case as biased, while liberals see it as a matter of bringing wrongdoers to justice — even those in the highest positions of power.

Source: BBC, Guardian, AP, Reuters.