The Manhattan district attorney’s investigation of the hush money scheme involving Stormy Daniels and the ex-President Donald Trump: a first step toward accountability
A grand jury in New York decided to indict former President Donald Trump on charges of paying hush money to an adult film star. The office of the Manhattan district attorney contacted Trump’s attorney to coordinate his surrender, according to the statement by Bragg. The charges will likely be made public over the next few days.
It should be evident that no one is above the law, and that Trump should be held accountable for his actions in the way that any other citizen would be. These charges represent the first step toward accountability, but the journey will be long and winding.
The former federal prosecutor is a professor at New York University School of Law and lecturer-in-law at Columbia Law School. The opinions expressed here are her own. Read more opinion at CNN.
Though we not yet know the details of the charges, we do know that Manhattan District Attorney Alvin Bragg had been investigating Trump in connection with his alleged role in a hush money cover-up scheme involving adult film star Stormy Daniels during his 2016 presidential campaign.
There is a question about whether this indictment will have an effect on Trump’s declared candidacy for the presidency in 2024. Legally, it is no.
The federal constitution sets the qualifications for the presidency, and Trump can continue to be a candidate even if the case fails to convict him in the election. At the Conservative Political Action Committee in March, Trump confirmed as much, saying he would stay in the race even if he were indicted by federal or state authorities while running again.
It will be challenging to run a campaign while facing charges. If there is a request for delays in the trial schedule to accommodate campaigning or other election related events, the judge who controls the case calendar will decide, but it’s not likely a judge will grant significant delays.
The first steps are for Trump to be formally arrested and brought to court to be arraigned on the indictment. The court will address issues of bail and a preliminary hearing date to determine if the prosecutors have enough evidence to go to trial.
I expect that Trump’s lawyers will agree to a voluntary surrender in Manhattan, instead of forcing officials to coordinate an arrest with local law enforcement in Florida – and for Trump to be released pending trial. But this is where the agreements between prosecutors and the former president’s counsel likely end.
On the other hand, such a hearing could help the Trump team evaluate the case and plan how to defend it, which is what the prosecutors would have to reveal. It isn’t a big deal, since prosecutors only have to present enough evidence to reach the relatively low legal threshold which they can do without revealing much of the non-public evidence that was collected.
Our legal system is governed by precedent and replete with opportunities for defendants to litigate and appeal many of the issues that Trump will surely advance. In particular, Trump’s likely claims relying on his status as the former president mean that the New York judges involved will be considering matters that are as yet unresolved by courts. Taken together, all of this will stretch out the time it takes for courts to deliberate and rule on these claims.
Some claims, like the suggestion recently made by Trump’s lawyer that the then-presidential candidate paid Daniels not to benefit his campaign, but to avoid personal embarrassment, are questions of fact for the jury and can be resolved at trial without the need for pretrial litigation.
There are some issues which may need judicial scrutiny, like Trump’s expected allegations of prosecutorial malfeasance and his possible reliance on an advice of defense counsel.
When Trump asked for a special master to look at any seized documents, it was in contrast to his scorched-earth approach, which involved filing separate legal challenges.
That move ultimately failed, but it set back the investigation for months while a special master conducted an entirely unnecessary review of documents before the appellate court reversed Judge Aileen Cannon’s legally problematic ruling.
Trump’s indictment comes to an end during his presidency-primary-run: political persecution, election interference and witch hunt — the left is out for the left
MONTANARO: He’s going to try to use it more, and try to fire up his base even more. I mean, he’s already doing that. In a statement this evening, he attacked the prosecutor, the New York district attorney – Alvin Bragg, a Democrat – called the indictment political persecution, blatant election interference and a witch hunt that will backfire on Democrats. You know, Trump clearly also has the backing of Republicans on Capitol Hill. House Speaker Kevin McCarthy, for example, tonight called the indictment an unprecedented abuse of power. House Judiciary Chairman Jim Jordan made a statement. All it said was outrageous. So you are going.
The left is out for Trump because of how he has propelled his political fortunes before, and his supporters are out to get them, too, because the system is rigged.
And to Trump’s messaging, two-thirds of people overall think that the charges in New York are not that serious, and 6 in 10 say the investigation is politically motivated. Of course, this decision, though, is from a grand jury, not exactly something done by fiat, by a prosecutor or a judge. A grand jury hears evidence and makes a decision on whether to indict a suspect. A jury of his peers appears to be in on it, if it is a conspiracy.
Actually, not really. Gerald Ford controversially pardoned Nixon, so he never faced charges. I mean, you have to go all the way back to 1872 to find a president who was even arrested. President Grant was arrested in D.C. for speeding with his carriage. So let’s not forget that Trump is the first American president to be charged with a crime.
Source: https://www.npr.org/2023/03/30/1167254662/trumps-historic-indictment-comes-during-his-presidential-primary-run
Trump’s Status During His First-Principal-Runtimes: Majority of Americans are Probing the Status of Democracy
So that’s a pretty big wild card, especially when, according to our poll, a significant number of people ranked preserving democracy as high on their list of most important issues facing the country. That is the case of persuadable voters. Independents, for example, ranked preserving democracy second behind the economy. Trump’s brand, we know, has been toxic in competitive states in the last few elections, and he’s at risk with independents. Majorities don’t have a favorable opinion of him and that they believe that he should not be president.
It’s very difficult to say. 80% of them think that Trump is a good person. Three-quarters say they want him to be president, and there are not any Republicans who are really making a sustained effort against him.
FlaorIDO: Of course, this is a developing story. We’re looking forward to hearing more from you over the next few days, Domenico. Thanks, Domenico Montanaro.
Source: https://www.npr.org/2023/03/30/1167254662/trumps-historic-indictment-comes-during-his-presidential-primary-run
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