Former US President Donald Trump may face charges in New York this week for allegedly concealing hush payments to adult film actress Stormy Daniels during his 2016 presidential campaign. Legal experts predict that any trial of Trump would take more than a year to commence, and it could coincide with the final months of the 2024 presidential campaign.
On Saturday, Trump took to social media to suggest that he expects to be arrested on Tuesday. However, a spokesperson later denied that he had been notified of any pending arrest. The Manhattan District Attorney, Alvin Bragg, has reportedly presented evidence to a grand jury about the payment made to Daniels, allegedly meant to secure her silence about an alleged affair with Trump. The former president has denied the experience, and his lawyer has accused Daniels of extortion.
If charged, Trump would be the first former US president to face criminal prosecution. However, polls show him leading other potential rivals for the Republican nomination, including Florida Governor Ron DeSantis.
The average criminal case in New York takes more than a year to move from indictment to trial, and Trump’s claim is far from typical. Legal experts suggest that Trump could have to stand the test in the middle of the 2024 presidential campaign or even after the election. If elected, he could not pardon himself of state charges.
The New York case focuses on Trump, including a Georgia election interference probe and a pair of federal investigations into his role in the Jan 6, 2021, assault on the US Capitol by his supporters and his retention of classified documents after leaving the White House.
Trump has a history of attacking legal cases and employing delay tactics. He has accused Bragg of targeting him for political gain and could seek dismissal of the charges on those grounds.
The most likely charges against Trump would be falsifying business records, typically a misdemeanour. To elevate that charge to a felony, prosecutors must prove that Trump falsified records to cover up a second crime. One possibility is that prosecutors could argue that the payment violated state campaign finance law, as it was an illegal secret donation to boost Trump’s campaign. However, this is an untested legal theory, and Trump’s lawyers will indeed challenge it.
In the short term, any indictment would require Trump to surrender at the district attorney’s office in downtown New York. In white-collar cases, the defendant’s lawyers and prosecutors typically agree on a date and time rather than arresting the person at home. Trump’s lawyer, Joe Tacopina, told CNBC that Trump would surrender if charged.
If Trump is charged, he would have his fingerprints and mugshot taken and would appear for arraignment in court. He would be released on his recognizance and allowed to return home. If he refused to surrender voluntarily, prosecutors could seek to extradite him from Florida, where he currently resides.
In conclusion, the prospect of Donald Trump facing criminal charges for covering up hush money payments to a porn star has created a media frenzy. Legal experts are divided on what will happen next, but it is clear that this is a dream case for defence attorneys. Only time will tell whether Trump will face trial and what the trial’s outcome will be.