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Prosecution of Donald Trump in New York

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Prosecution of Donald Trump in New York
Part of the post-presidency and legal affairs of Donald Trump
A photograph of a crowd of people standing outside of Trump Tower. NYPD officers are dispersed in the crowd.
Protesters at Trump Tower on March 21, 2023, when Trump had initially and incorrectly claimed on social media he would be indicted and arrested.
DateMarch 30, 2023; 20 months ago (2023-03-30)
LocationNew York City, U.S.
TypeIndictment by grand jury
Participants
ChargesPending
This article is part of
a series about
Donald Trump
Business and personal
45th & 47th President of the
United States
Tenure
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Appointments
Presidential campaigns
Impeachments
Civil and criminal prosecutions
COVID-19 pandemic
Donald Trump's signature
Seal of the President of the United States

On March 30, 2023, Donald Trump, the 45th president of the United States, who served from 2017 to 2021, was indicted by a Manhattan grand jury for his alleged role in a scandal stemming from hush money payments made to pornographic film actress Stormy Daniels prior to the 2016 United States presidential election.[1][2][3] The indictment, the first directed at a U.S. president,[4][5][6] is believed to concern falsified business records regarding the payments.[2] Its content, including its charge(s), are publicly undisclosed,[7] with a New York judge having authorized the charges to be made public the day after, though when it will be released is not known.[8] Two sources familiar with the indictment told NBC News Trump faces around 30 fraud-related charges.[9] In New York, falsifying business records is a misdemeanor, but could become a felony if done to further another crime.[10] A court trial for the scandal is not guaranteed, or might not be scheduled for months following the indictment.[11]

The indictment was filed with the New York Supreme Court (which is the ordinary trial court in the state of New York and not the final court of appeal for the state) at the end of the business day on March 30.[12] Trump, who resides in Florida, may have to travel to New York City for the formal arrest and the first court hearing.[13] Analysts do not expect Trump to be publicly arrested, as his lawyers are in communication with prosecutors to arrange a surrender.[14] One of his lawyers, Joe Tacopina, said Trump will turn himself in on the afternoon of April 4, 2023.[15][16] Alina Habba, Trump's lawyer in a different case, expects him to be fingerprinted and photographed at the New York courthouse, with the Secret Service to be involved with travel arrangements.[17] NBC News reports that officials familiar with his arraignment do not plan for him to be handcuffed, put in a cell, or be photographed.[18]

Throughout the investigation, Trump verbally attacked his prosecutor, district attorney Alvin Bragg and accused him of having political motivations.[19] Criminal charges do not legally preclude Trump from running for office,[2][20] and he intends to remain a candidate in the upcoming 2024 presidential election.[7] He and his aides were surprised at the news of the indictment, expecting it weeks later or not at all.[21] They thought prosecutors would first inform his lawyers; instead, they learned about the event from the press.[22]

Background

Stormy Daniels–Donald Trump scandal

Main article: Stormy Daniels–Donald Trump scandal
A blond white woman with a pink dress and long earrings smiling while looking at the camera.
Donald Trump was indicted for his role in instructing Michael Cohen to pay US$130,000 to Stormy Daniels (pictured).

In July 2006, Stormy Daniels, an American pornographic film actress, met Trump at a celebrity golf tournament in Nevada; at the time, Trump was the host of the reality TV series The Apprentice and was married to Melania Knauss. Their son, Barron Trump, had just been born.[23] According to Daniels, Trump invited her to his penthouse at Harrah's Lake Tahoe[24] and had an affair with her, telling her that he could make her a guest on The Apprentice. In 2011, Daniels considered selling the story to the celebrity magazine Life & Style for US$15,000 as Trump began exploring a potential presidential bid. His lawyer, Michael Cohen, threatened to sue Life & Style when it asked the Trump Organization for comment. Daniels' agent, Gina Rodriguez, leaked the story to gossip blog The Dirty in October. The post was taken down by Trump's lawyers, and Daniels refuted the story's veracity.[25]

As Trump's 2016 presidential campaign began, Rodriguez approached multiple publications—including the National Enquirer—and attempted to sell the story. The National Enquirer bought the story following the publication of a lewd tape between Trump and the television host Billy Bush in October 2016. The National Enquirer sought to suppress the story in an effort to help the Trump campaign. Rather than paying Daniels, the National Enquirer editor-in-chief Dylan Howard negotiated a $130,000 non-disclosure agreement with Cohen. As the election neared, Cohen attempted to find the money and repeatedly delayed her payment. Keith Davidson, Daniels' lawyer, cancelled the deal in October 2016. Realizing that his work to cover up the story could be revealed, Cohen drew the money from his home equity line of credit and sent it through a shell company incorporated in Delaware.[25][24]

Trump initially denied knowing about the check made out to Daniels. In April 2018, aboard Air Force One, he told a reporter he did not know where Cohen got the money.[26] Rudy Giuliani, an attorney for Trump, refuted these claims in a Fox News interview, saying that Trump was aware of the payments.[27] Trump wrote several checks, totaling $420,000 to Cohen. The checks reimbursed him for the non-disclosure agreement and covered the costs for Cohen to manipulate online polls to boost Trump's status. The $180,000 paid to Cohen was doubled to offset taxes and $60,000 was added. These payments were made throughout 2017, during Trump's first year of his presidency.[28]

In January 2018, The Wall Street Journal reported on Cohen's payment.[29] Cohen pleaded guilty to eight criminal counts relating to the payment—as well as a payment made to the Playboy model Karen McDougal—in August. In his admission of guilt, Cohen implicated Trump, stating that he acted "at the direction of a candidate for federal office".[30] In December 2018, Cohen was sentenced to three years in prison.[31]

Manhattan grand jury investigation

Main article: New York criminal investigation of The Trump Organization

Following Cohen's admission of guilt, Cyrus Vance Jr.—the Manhattan District Attorney—opened an investigation against the Trump Organization and two of its executives.[32] The office paused its inquiry when federal prosecutors began a separate investigation into the payments. In July 2019, federal prosecutors stated that they concluded their inquiry into Trump and signaled that he would not be charged.[33] The Manhattan district attorney's office then issued a subpoena for the Trump Organization in August, seeking documents relating to the payments.[34] Additionally, the office subpoenaed accounting firm Mazars USA, demanding eight years of Trump's corporate tax returns.[35] Trump's lawyers sued Vance to block the subpoena, citing Trump's immunity from criminal inquiries as the president of the United States;[36] in Trump v. Vance, the Supreme Court ruled 7–2 in favor of Vance, allowing the subpoena to continue.[37]

In December 2020, Manhattan prosecutors began intensifying their investigation, investigating employees of Deutsche Bank and insurance brokerage Aon.[38] The Supreme Court ruled once more in February 2021 that the Manhattan district attorney's office could obtain Trump's tax records,[39] and obtained these records following the Supreme Court's ruling.[40] The Manhattan district attorney's office began focusing its attention on Allen Weisselberg, the chief financial officer (CFO) of the Trump Organization,[41] and charged the Trump Organization with running a tax scheme in July.[42] Following the 2021 New York County District Attorney election, Alvin Bragg succeeded Vance as the Manhattan District Attorney.[43] In February 2022, Mark Pomerantz and Carey Dunne, the two prosecutors retained by Bragg to lead the investigation, resigned.[44] Bragg continued the investigation throughout 2022,[45] and moved to continue the hush money inquiry into Trump.[46]

In January 2023, the Manhattan district attorney's office impaneled a 23-person[47] grand jury, and began presenting evidence of Trump's role in paying Stormy Daniels.[48] The grand jury had been hearing for months leading up to the indictment, typically meeting on Mondays and Wednesdays.[47] In March 2023, prosecutors signaled an indictment was likely,[49] and on March 18, 2023, Trump claimed that he was to be arrested the following week, calling for protests in anticipation of a possible indictment.[50][51] New York City Police began to increase security in preparation for the expected indictment, and a second time for the second expected indictment.[47] Metal barriers were set up around Trump Tower and the district Criminal Court Building.[52] A law enforcement source told Reuters that police would close streets around the courthouse in advance of Trump's expected appearance on the 4th.[8] On March 30, prior to the grand jury voting to indict, an unidentified witness testified for approximately 30 minutes to them.[53]

Other investigations

Trump is also the subject of two additional investigations—one over his efforts to overturn Georgia's 2020 presidential election results, and the other in Washington, D.C., over his handling of classified and national defense-related government documents.[2] The New York indictment is not expected to affect the Georgia case, according to a source familiar with the thinking of staff in the Fulton County district attorney's office; charges leading to indictments stemming from this investigation could come as soon as the first half of 2023.[54]

Public opinion

Prior to the indictment, polling suggested the majority of Americans believed Trump committed crimes and warranted investigation.[55][56]

Pre-indictment statements

On March 18, Trump wrote on Truth Social that he would be arrested on March 21, and called for protests to "TAKE OUR NATION BACK!"[50] Time magazine reported that prominent supporters and far-right groups who responded to his call in the January 6 United States Capitol attack were reluctant.[57] A demonstration was held by the New York Young Republican Club on March 20, though it was vastly outnumbered by the presence of journalists.[58]

On March 22, a post was made on Trump's Truth Social account featuring two side-by-side images; one image showed Trump with a baseball bat, and the other image showed prosecutor Alvin Bragg.[59] The post was eventually deleted, with Trump explaining in an interview that the post shared an article by the National File, a right-wing blog, that had those side-by-side images, which was why the images appeared in his Truth Social post.[60]

On March 23, Trump wrote on Truth Social that "potential death & destruction in such a false charge [of himself] could be catastrophic" for America, and that only an America-hating "degenerate psychopath" would charge him.[59]

Indictment

The People of the State of New York v. Donald J. Trump
CourtSupreme Court of the State of New York
Full case name The People of the State of New York v. Donald J. Trump
CitationIND-71543-23[61]

The Manhattan grand jury voted to indict Trump on March 30. He is expected to be arraigned on April 4, 2023 at 2:15 p.m.[14] The New York Supreme Court Justice Juan Merchan is expected to preside over it.[62] Trump will then attend a plea hearing and, if he pleads "not guilty" or does not plead, go to trial. If found guilty by any means, he will be sentenced.[14]

The charges are believed to be related to Trump's payment to Stormy Daniels as hush money, which could be considered a violation of campaign finance rules under the federal law because it helped his election bid. The payment was listed in his business records as a "legal expense". Falsifying business records is a misdemeanor under New York state law, and can be a felony if committed to cover up another crime. This requires the prosecution office to link a crime committed under the state law to one committed under the federal law.[63][64]

Responses

Trump

Trump released a statement calling the indictment "political persecution" and said it would "backfire massively" on President Joe Biden.[65] He sent emails to his supporters asking for donations to "defend our movement from the never-ending witch hunts" and wrote that donations would have a "1,500% impact".[66]

The day after Trump was indicted, he named and criticised Juan Merchan, the New York Supreme Court judge set to oversee the case; Trump wrote that Merchan "HATES ME" and "treated my companies ... VICIOUSLY" in another legal case.[67] Although Trump accused Merchan of having "railroaded" and "strong armed" Trump Organization chief financial officer Allen Weisselberg into accepting a plea deal in that legal case, in actuality Weisselberg had reached an agreement regarding the plea deal with prosecutors and his own lawyers, while Merchan's role was only to approve the plea deal.[67] Trump also falsely claimed that Merchan had been "hand picked" by prosecutors to oversee the case; the New York Daily News reported that Merchan was randomly assigned to the case, and that prosecutors have no influence on the assignments.[68] The Wall Street Journal wrote that "Trump’s attacks on Justice Merchan are outside the legal norm, but he has a history of criticizing judges in his cases."[69]

Republicans

Speaking to CNN's Wolf Blitzer, former vice president Mike Pence called the indictment an "outrage".[70]

Congressional Republicans generally condemned the indictment as unprecedented and a weaponization of justice, without addressing particular facts of the pending formal charges.[71] Kevin McCarthy, Speaker of the House, tweeted: "Alvin Bragg has irreparably damaged our country in an attempt to interfere in our Presidential election. As he routinely frees violent criminals to terrorize the public, he weaponized our sacred system of justice against President Donald Trump. The American people will not tolerate this injustice, and the House of Representatives will hold Alvin Bragg and his unprecedented abuse of power to account".[71][72] Representative Jim Jordan, chair of the House Judiciary Committee, tweeted just the word "Outrageous".[73][71]

Many of Trump's political rivals, such as entrepreneur Vivek Ramaswamy, who is also running for the presidential nomination, expressed opposition to the indictment. Former Governor of Arkansas and potential contender for the presidency, Asa Hutchinson, argued for supporting the legal process, but he also said that he hoped voters would still be able to decide for themselves if Trump should be elected.

Ron DeSantis, the governor of Florida, the state in which Trump resides, has said that the state of Florida will not assist with any extradition of Trump to New York.[74] The United States Supreme Court previously ruled in Puerto Rico v. Branstad (1987) that governors cannot reject the extradition requests of other states, based on Article IV of the U.S. Constitution, and that federal courts can enforce such extradition if needed.[75]

Democratic

Representative Adam Schiff tweeted: "The indictment of a former president is unprecedented. But so too is the unlawful conduct in which Trump has been engaged".[73] Schiff served as the lead impeachment manager during Trump's first impeachment trial.[76] The Biden administration intends to not partake in the public discussion, and have previously signaled they wouldn't leading up to it. Democrats have billed the indictment as him being accountable under the law.[77][78]

Commentary and media analysis

Current and former Fox News hosts, including Sean Hannity, Glenn Beck, and Tucker Carlson, expressed outrage at the indictment. Trump's indictment came following the release of text messages from several Fox News hosts denouncing Trump in Dominion Voting Systems v. Fox News.[79] The Guardian's David Smith notes that Trump has been adept at turning around allegations and playing the victim, and that his tactics will work with his base.[80] The Financial Times's Edward Luce expressed disappointment that this indictment came before the conclusion of the Smith special counsel investigation, and described the indictment as a legal technicality that is neither as serious nor as "easy to intuit" as the allegations concerning sedition and attempts to overturn the 2020 presidential election.[81]

The FT's Joshua Chaffin, referring to the combination of state law and federal law used to arrive at the felony designation, quotes Karen Friedman Agnifilo, a former Manhattan DA staffer, as saying that it was "legally untested" but an "important case to bring", and quotes another former DA staffer who called it "a bank shot". Chaffin says skeptics could compare the case to a similar one involving presidential candidate John Edwards, who obtained a mistrial after arguing that his payments were not intended to influence the election, but to protect his dying wife.[64]

Misinformation and conspiracy theories

Before Trump's indictment, Bellingcat founder Eliot Higgins facetiously created an AI-generated image of Trump being arrested using Midjourney. Higgins was clear that the images were ficticious and did not seek to distribute them widely. Nonethless, social media users spread the images without clarifying their origin.[82]

Once the indictment was handed up, QAnon accounts on Telegram began posting about "trusting the plan" and how "the storm is upon us", referencing conspiracy theories surrounding the 'Deep State'. Other antisemitic conspiracy theories purporting a connection between George Soros and Bragg were promoted and spread by Trump, DeSantis, Senator J. D. Vance, Senator Ron Johnson, Texas Governor Greg Abbott, Representative Anna Paulina Luna, and Representative Paul Gosar, who called Bragg a "Soros D.A.". Although Soros did donate to progressive criminal justice reform group Color of Change, which contributed to Bragg's campaign, Soros is only one of many such donors, and had no contact with Bragg.[83] Threats were also directed at the two, and some on Trump's social media platform Truth Social called for armed defense of Mar-a-Lago, though there seems to be no real coordinated effort.[84]

See also

References

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