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Explainer: how we got to prosecute Trump and what’s next

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Explainer: how we got to prosecute Trump and what’s next

A Manhattan grand jury has decided to indict former US President Donald Trump in the case of porn star Stormy Daniels. It happens thus the first former US president to face criminal charges after Richard Nixon resigned and Bill Clinton was acquitted by the Senate.

The event is expected to shake up Trump’s 2024 Republican presidential nomination race.

“We contacted Mr. Trump’s attorney tonight to arrange for him to be brought to the Manhattan office for a Supreme Court indictment hearing, which remains sealed,” said Manhattan District Attorney spokesman Alvin Bragg. “Instructions will be given when an appeal date is set.”

“This is political persecution and election interference at the highest level in history,” he said. Trump, who, according to his lawyer, should be charged, possibly on Tuesday, April 4.

What’s happened;

On Thursday, The New York Times reported for the first time that a grand jury had voted to indict Trump, citing four people familiar with the matter.

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, who gave 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.

The allegation was confirmed later Thursday by Joe Takopina, Trump’s attorney, and other sources. The closed document is likely to become known in the coming days. At this point, specific allegations have not been immediately made public.

Trump’s then-lawyer Michael Cohen arranged a payment to buy Daniels’ silence about an alleged sexual encounter with Trump in 2006.

Prior to this incident, Cohen settled another similar case in which he allegedly paid former Playboy model Karen McDougal $150,000 to withdraw her affair with Trump in the controversial The National Enquirer to prevent a possible scandal that could damage Trump’s image months before the election.

Why was Trump charged?

Cohen — now an outspoken opponent of Trump who testified before a grand jury in another case — paid Daniels $130,000 in October 2016. When Trump became president, he reimbursed Cohen for $35,000 monthly checks from his personal account.

Daniels, whose real name is Stephanie Clifford, said she received the money in exchange for keeping quiet about a sexual encounter she had with Trump in 2006.

In 2018, Cohen pleaded guilty. Court documents in the Cohen federal case say the Trump Organization falsely referred to the payments as legal fees, citing a non-existent legal term.

Explainer: How We Got to the Trump Prosecution and What's Next-1
Photo by AP

What did Trump and his lawyers say?

Trump denies all charges against him, whether criminal activity or civil damage claims. He has repeatedly denounced the investigations as “political witch hunts”. He denies having an affair with Daniels, but admitted that he paid Cohen by claiming he was a victim of blackmail.

His legal team met with the Manhattan prosecutor’s office to argue that he should not be charged. Trump’s lawyer Susan Nichels argued that he would have paid Daniels regardless of his presidential campaign.

Will we see Trump in handcuffs?

According to Anna Kominsky, a law professor and former forensic scientist, the most likely scenario is that Trump’s lawyers will make a deal with the DA’s office to avoid meeting Trump in handcuffs and the infamous “criminal’s walk” to be immortalized by the media as it was. done, for example, in the case of Dominique Strauss-Kahn or Harvey Weinstein).

“There’s a good chance he’ll turn himself in, which means we won’t see images of the police knocking on Mar-a-Lago’s door at 5am, raiding and handcuffing him,” she said, adding: “He volunteered will appear.” to the prosecutor’s office, and then arrested, fingerprinted and photographed.”

However, Kominsky is not entirely sure that Trump would like to avoid this public impeachment “scandal”, citing publicity and vote-hunting reasons.

“He doesn’t shy away from chaos, so he can use it to his advantage,” he notes.

What will happen next?

Trump will be indicted and various trial dates will be set. His lawyers will almost certainly fight tooth and nail against the charges, filing motions to exclude evidence and testimony they think would harm his defense, as is common in criminal cases.

This, in turn, will lead to the fact that years will pass between Trump’s indictment and a possible trial.

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 said in a social media post that he was about to be arrested last Tuesday, he called on his supporters to protest massively: “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 a few days ago. “We will not tolerate attempts to intimidate our office or threats to the rule of law in New York,” he wrote.

Explainer: How We Got to the Trump Prosecution and What's Next-2

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

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.

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 into 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 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.

Trump is also facing a defamation lawsuit related to a rape allegation made by author E. Jean Carroll, which Trump denies.

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 judge 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, Guardian, AP.

Author: newsroom

Source: Kathimerini

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