The legal system is now mired in uncertainty as a result of former President Donald Trump’s unprecedented indictment.
The decision by the Manhattan grand jury to indict Trump for his alleged participation in a hush money scheme raises a number of concerns about the validity of the case, the logistics of bringing a former president to trial, and the implications for other ongoing state and federal investigations into Trump.
Here’s GLOBALL UPDATES’ look at some of the key questions posed by the indictment
Trump is accused of what?
Prosecutors have determined they can prove a criminal case against Trump despite the fact that the specific charges are currently unknown due to the apparent deception surrounding a $130,000 payment to adult film actress Stormy Daniels to prevent her from disclosing her claim of a sexual encounter with Trump. That payment was made by Michael Cohen, a lawyer for Trump, using a home equity line of credit.
Although Cohen gave Congress a number of check photos showing payments to Cohen that he claimed were reimbursements for the money he lay out, including at least two that occurred while Trump was in the White House, despite Trump’s insistence in April 2018 that he was unaware of the hush money. Cohen claimed that Trump and his business misrepresented the nature of the payments by classifying them as legal fees.
Disguising such contributions in company records is illegal in New York, although it’s usually simply a misdemeanour. If the fake company records were created with the intent to hide another crime, it becomes a felony. The use of the donations to further Trump’s political agenda looks to be that second offence in this case.
The timing may be the best indication of such a connection to politics: On October 27, 2016, just days before the 2016 presidential election, the funds were deposited to Daniels’ solicitor as a result of months of demands.
What are the prosecution’s potential weaknesses?
Without knowing the precise charges or the whole body of evidence that prosecutors have gathered over the course of an investigation that has lasted more than four years, it is challenging to evaluate the case against Trump. But, based on evidence that is readily accessible, legal professionals have noted a number of aspects of the case that could prove problematic as prosecutors work to secure a guilty conviction.
Cohen is not the best possible witness for the prosecution, to start. He has contributed a significant amount of the testimony and evidence required to prove the case, both of which the investigators have gone to considerable pains to verify. Yet given that he admitted guilt to nine offences in 2018 and was given a three-year sentence in federal prison, his credibility is in doubt. He has also frequently voiced intense resentment for Trump, including hosting a podcast with the ironic title “Mea Culpa,” which alludes to his misgivings about having been an ally of his.
The incident also occurred in 2016 and 2017, making it older than five years. The fact that it would have been difficult and possibly impossible to pursue charges against Trump while he was in office explains part of the delay. Yet Trump has been out of the White House for more than two years.
Trump might claim that the prosecution took too long. The majority of felonies in New York have a five-year statute of limitations, however there are several circumstances in which this deadline may not apply, such as when the accused was out-of-state.
Another challenge could be demonstrating that Trump was aware that the arrangement was unlawful. Trump can counter that he had a reasonable belief that Cohen was carrying out the payments and associated documentation legally in his capacity as a solicitor.
Will Trump keep his freedom? Can he run for office while being investigated?
It will be up to the state court judge assigned to Trump’s case, but it appears doubtful that the prosecution would try to jail the former president or impose travel restrictions on him while the case is still open. There is no legal barrier preventing him from carrying with his presidential campaign while being charged with a crime or even if he were to go to jail.
The legalities would get much murkier if Donald Trump were to win the president while being investigated or convicted of something. The constitutionality of a state court’s ability to prevent someone who was elected to a federal position from taking office is seriously in doubt.
What impact will the indictment have on the other current Trump-related inquiries?
The quick response is: Not much. There is no reason to believe that the Manhattan indictment will change the course of many other investigations that pose a serious threat of further criminal charges against Trump. Grand juries in Fulton County, Georgia and the federal government are both looking into Trump’s role in the attack on the Capitol on January 6, 2021, as well as his decision to keep government records after leaving office. In Fulton County, Georgia, a grand jury is investigating his attempt to have the election results in that state overturned.
A federal criminal prosecution against Trump would formally allow federal prosecutors to take precedence over any local case or cases, if one were to be filed.
Parallel criminal investigations against Trump would unavoidably result in some administrative issues, but usually the federal government and local prosecutors endeavour to resolve any disputes.
How long will it take to have Trump tried?
The start of a former American president’s trial will inevitably take several months. Even if both parties wanted to go straight to trial, settling legal and constitutional issues would probably take the entire following year and into the 2024 primary season.
Add to that Trump’s propensity to strive to stall and drag out the judicial process whenever feasible in almost every case he finds himself in.
Trump’s attorneys might attempt to have the case transferred to federal court, claiming that since at least part of the payments to Cohen were made while Trump was in office, a state court shouldn’t have the ability to decide the issue. Trump can possibly try to have the trial moved to a different courthouse in a different part of New York. Also, he could request to have the charges dropped or downgraded. It will take some time to settle all of these motions before trial.
It took almost 15 months to reach trial in a criminal tax lawsuit the Manhattan district attorney’s office brought against the Trump Organization in the same court in 2021. In December of last year, a jury found two Trump businesses guilty of all 17 felony charges. Although the issues in the new case are more specific, the emphasis on Trump personally seems destined to prolong proceedings.
