Trump’s Indictment Explained— Trial Awaits

AManhattan grand jury, convened by district attorney Alvin Bragg, voted to indict Trump on Mar. 30th after several years of investigating the payments.

On April 4, former President Donald Trump pleaded not guilty to 34 felony charges related to hush-money payments to adult film star Stormy Daniels during the 2016 election. An indictment is formal charges brought against someone in a criminal investigation. Trump has not yet been convicted, so his plea of not guilty initiated preparation for a trial that will determine his culpability.

Former Trump attorney Michael Cohen paid Daniels $130,000 to prevent her from spreading information about their alleged affair in 2006. After Trump was elected, the Trump Organization reimbursed Cohen in monthly checks, listing the payments as legal expenses. While hush-money payments are legal under New York law, falsifying business records is a misdemeanor. In order to convict Trump of a felony, Bragg and his prosecutors must prove the records resulted from an “intent to defraud” — deliberately hiding or misrepresenting information for personal gain — including an intent to conceal a second crime. While Bragg has not yet specified the nature of the second crime, the New York Times reports that he has mentioned “the election of a person to public office by unlawful means.”

Bragg and other New York officials claim the indictment proves that no one, not even the President of the United States, is above the law. His team argues that Trump needs to be held accountable for his crimes. The former president is also facing legal challenges in Georgia, where a grand jury is investigating his alleged attempts to influence the 2020 election results.

In a phone call to Georgia’s Secretary of State Brad Raffensburger on Jan. 2nd, Trump urged Raffensburger to “find” over 11,000 votes in his favor. In another legal battle, the Department of Justice is gathering evidence to support their claims that Trump intentionally interfered with the government’s efforts to reclaim classified documents after the FBI removed over 300 documents with classifiemarkings from Trump’s home in Mara-Lago.

Despite Bragg’s confidence, people across the political spectrum are skeptical of the New York defense attorney’s case. In an interview with the New Yorker, law professor Jed Shugerman claimed that because the Federal Election Campaign Act appears to be the basis for Trump’s charges, “A case like this is for federal prosecutors on a federal question in federal courts, and it is not for state prosecutors and state courts.” Bragg, in both the indictment and the statement of facts, did not cite the specific statutes he accuses Trump of violating. This uncertainty has created doubt around the strength of the prosecutors’ evidence. The hush-money payments to Daniels occurred almost seven years ago, and the public has been aware of the events for almost as long. While the statute of limitations in New York is typically five years, the case was subject to unavoidable delays between the Mueller Investigation, the pandemic, and other disruptions.

Since the arraignment, Trump has responded by accusing Justice Juan Merchan who will oversee the case, Bragg, and the Manhattan grand jury of “political persecution.” His team has turned the arrest into campaign material. In the first quarter of 2023, the Trump campaign and fundraising committee raised $18.8 million. In the two weeks after the indictment, Trump has raised $16.4 million, including 4 million in the 24 hours after charges were filed. Trump’s charges seem to rally support from his base.

The next hearing will not be held until Dec. 4th, and the trial will likely occur in early January. Trump’s team has already mentioned the possibility of holding the trial in a more conservative district. As the 2024 election approaches, the arrest may continue to influence Trump’s own campaign strategy, especially as Florida Governor Ron DeSantis gains traction in his own Republican campaign for the presidency.