Former US President Donald Trump has been indicted by a grand jury investigation for his involvement in hush money payments made during the 2016 presidential campaign. This marks the first time a former US president has faced criminal charges. The indictment comes amidst ongoing legal investigations and Trump’s announcement of his intention to run for president again in 2024. The Republican Party is further divided on whether to continue to support Trump, given his attempts to delegitimize the 2020 election loss.
Trump has denied any wrongdoing and claimed that the indictment is politically motivated. He has accused prosecutors of engaging in a “witch hunt” to damage his campaign. However, the indictment will be a significant test for Trump’s political future, given the serious nature of the charges and the potential consequences. It remains to be seen how this will impact his standing within the Republican Party and his ability to mount a viable presidential campaign in the future.
Let’s examine the hush money case, the grand jury investigation, and the potential consequences for Trump’s bid for the presidency.
WHAT’S THIS TRUMP CASE ABOUT?
A New York grand jury conducted a secret investigation for several weeks to examine Donald Trump’s involvement in a payment of $130,000 made to adult film actress Stormy Daniels in 2016. The payment was made to prevent Daniels from making public an alleged sexual encounter with Trump that occurred several years prior. Michael Cohen, a former lawyer for Trump, facilitated the payment to Daniels through a shell company, which was later reimbursed by Trump’s company, the Trump Organization. The company recorded the reimbursements as legal expenses.
In addition to the payment made to Daniels, Cohen also arranged for Karen McDougal, a former Playboy model, to receive $150,000 from the publisher of The National Enquirer in 2016. The tabloid then suppressed McDougal’s story.
Donald Trump refutes having engaged in sexual activity with either of the women.
Federal prosecutors who pressed charges against Michael Cohen in 2018 for his role in the hush money payments stated that Trump’s company “grossed up” Cohen’s reimbursement for the payment to Stormy Daniels to cover tax payments. Cohen received a total of $420,000, which included a $360,000 payment and a $60,000 bonus. Cohen pleaded guilty to violating federal campaign finance law related to these payments, which the prosecutors deemed as illegal and unreported assistance to Trump’s campaign. However, prosecutors did not charge Trump himself in this matter.
WHAT IS AN INDICTMENT?
An indictment refers to the official accusation made against an individual by a grand jury. The grand jury, which comprises members of the community, votes on whether there is sufficient evidence to charge someone with a crime, after which the indictment is issued.
In the case of Trump, the indictment remains under seal in accordance with New York laws until an arraignment takes place. Once released, the document will specify the crime or crimes that Trump is accused of committing. Indictments can vary in detail, ranging from lengthy narratives with numerous allegations to straightforward outlines of the charges against a defendant.
CHARGES
As the indictment remains sealed, the specific details are not yet known.
Nevertheless, several experts speculate that Trump could face charges of falsifying business records, which could lead to either a misdemeanour or felony charge under New York laws. For a felony conviction, the prosecutors would have to prove that the records were falsified with the intent of committing or concealing another crime, the nature of which is currently unclear.
WHAT HAS TRUMP’S LAWYER HAD TO SAY?
On Thursday, Trump’s attorney Joe Tacopina asserted that the former president did not engage in any criminal activity and pledged to “vigorously contest” what he referred to as a politically motivated prosecution in court. Tacopina accused the prosecutors of distorting laws to bring down Trump and depicted him as a victim of extortion who was compelled to make the payment because the allegations were going to be embarrassing to him, regardless of the campaign.
Tacopina contended that Trump paid the sum out of his personal funds to prevent false and potentially embarrassing allegations from being made public, not as a violation of campaign finance laws. Before the indictment, he made these remarks on ABC’s “Good Morning America,” saying, “That’s not a campaign finance violation, not by any stretch.”
GRAND JURY AND WHO TESTIFIED
A grand jury is composed of individuals from the community, similar to a trial jury. Unlike trial juries, however, grand juries do not determine guilt or innocence, but rather whether there is enough evidence to warrant charges. These proceedings are not open to the public or the media. In New York, grand juries are comprised of 23 people, with at least 16 required to be present for evidence and deliberation, and 12 needing to agree on the sufficiency of the evidence to issue an indictment.
David Pecker, a former CEO of American Media Inc. and a friend of Trump, recently appeared before the grand jury, which was convened to investigate the hush money case. Pecker’s company paid $150,000 to Karen McDougal, a former Playboy model, for the rights to her story about an alleged affair with Trump, then suppressed it until after the election. The grand jury also heard from Michael Cohen, Trump’s former attorney, as well as Robert Costello, a former legal advisor to Cohen.
Costello testified at the invitation of prosecutors, presumably to provide evidence that could weaken the case for an indictment. Trump was also invited to testify but declined. Proceedings are confidential and not open to the public or the media.
WHAT’S NEXT?
Security arrangements have been underway for several days in anticipation of a potential indictment and subsequent court appearance by the former president.
Trump is scheduled to surrender and attend his initial court hearing for arraignment on Tuesday. It is anticipated that Trump will not be handcuffed when he surrenders, and Secret Service agents assigned to him will accompany him through the booking process at the Manhattan district attorney’s office. According to a source familiar with the matter, prosecutors do not intend to restrain Trump during the booking process.
POLITICAL RAMIFICATIONS FOR TRUMP
An indictment or conviction would not have any effect on Trump’s eligibility to run for or become president in 2024.
At a recent rally in Waco, Texas, Trump expressed his confidence in being vindicated and attacked the prosecutors investigating him, framing the investigations as political attacks on himself and his supporters. Party leaders, including former Vice President Mike Pence and New Hampshire Gov. Chris Sununu, have defended Trump, with Pence calling the idea of indicting a former president “deeply troubling.” Florida Gov. Ron DeSantis, a potential 2024 Republican candidate, criticized the investigation as politically motivated and took a jab at Trump by saying he doesn’t know what goes into paying hush money to a porn star to secure silence over an alleged affair. Former South Carolina Gov. Nikki Haley, who is running for president and served as Trump’s U.N. ambassador, called the case an attempt at scoring “political points” and said she does not condone any politicized prosecution.
OTHER TRUMP INVESTIGATIONS
Trump is currently facing several legal issues, including an investigation by the Justice Department regarding his retention of classified government documents at his Mar-a-Lago resort in Florida after leaving office. Additionally, federal investigators are still looking into the Jan. 6 insurrection at the Capitol and allegations of election interference in the 2020 presidential race in Georgia, where Fulton County District Attorney Fani Willis has been conducting a probe. A special grand jury heard testimony from many witnesses and recommended indictments for several people, including a possible indictment of Trump, but Willis has yet to decide on whether to proceed with charges.
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