The widely anticipated arrest of Donald Trump this week on charges related to a probe into a $130,000 (£106,000) payment made to porn star Stormy Daniels in 2016 has him holed up in Florida.
He’d be the first US president to be charged with a crime. Here are some crucial queries regarding the pertinent problems in this situation.
Why Is Trump Getting Arrested?
Stormy Daniels, an actress in adult films, contacted media agencies in 2016 and offered to sell her account of an alleged extramarital affair she allegedly had with Donald Trump in 2006. When Mr. Trump’s team learned of this, his attorney Michael Cohen paid Ms. Daniels $130,000 to be silent.
There is no crime here. Yet according to the payment record, Mr. Trump compensated Mr. Cohen for legal expenses. According to the prosecution, Mr. Trump has been accused of manipulating company records, which is a misdemeanor, or criminal offense, in New York.
Due to his desire for the public to be unaware of his involvement with Ms. Daniels, he made an effort to conceal his payments to her.
Prosecutors may also claim that this violates election law. Falsifying records to hide a crime would be a felony, which is a more serious charge.
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Will President Trump Really Be Prosecuted?
Alvin Bragg, the district attorney for New York City, decides whether to press charges. The grand jury established him to determine if there was sufficient evidence to bring charges, and only he is aware of whether or when an indictment will be made public.
The former president was reportedly given the opportunity to testify before a grand jury, according to Mr. Trump’s attorneys last week. This is regarded as a sign that the probe is nearing its conclusion.
The attorneys have dismissed claims that they or Mr. Trump have any early knowledge of a forthcoming indictment, claiming that his remarks about it being Tuesday were based on media reporting.
There are other indications, though, that the grand jury is coming to a close. In recent days, both Robert Costello, Michael Cohen’s former legal counsel, and Cohen have testified in court. On Monday, Mr. Costello was proposed by Mr. Trump’s legal team in an effort to undermine Cohen’s testimony.
What Would Happen If Donald Trump Was Charged?
Negotiations about how and when Mr. Trump would appear in New York City for his official arrest and a first court hearing will begin if Mr. Bragg decides to proceed with charges before notifying Mr. Trump and his legal counsel.
The district attorney’s office or the Trump campaign, which has been eager to address the media as the story developed, may make the announcement of an indictment. Before a judge reads the charges against Mr. Trump, the paper outlining the official charges against him won’t be made public.
The specifics of Mr. Trump’s New York appearance are rather vague given the historic nature of such a move and the security issues involved. According to Mr. Trump’s attorneys, he will cooperate with New York police, thus no arrest warrant would be issued.
Trump Fingerprints Be Collected If He Is Arrested
The court might also agree to provide him a secret entrance to the court as part of those discussions with the prosecutors, as opposed to the more customary “perp walk” in front of the gathered media.
Nonetheless, once inside, Mr. Trump will undergo the same fingerprinting and mugshot procedures as all other defendants in criminal cases. Also, his Miranda rights will be read to him, reminding him of his constitutionally guaranteed right to remain silent and his access to a lawyer.
Below we have given a Tweet from Troy E. Nehls about the arrest of Trump. Scroll further to see the Tweet.
The temporary handcuffing of defendants accused of felonies is common, but Mr. Trump’s attorneys will work to keep that from happening for their client. He will be escorted by Secret Service officials during the booking process.
Until his court hearing, Mr. Trump would wait in a holding area or cell. The defendant enters their plea before the court during the arraignment, which is a public proceeding.
The scheduling of the trial, potential travel limitations, and bail specifications for the defendant will all be decided once the case is booked and a judge is chosen.
Is Donald Trump Still Eligible To Run For President?
If Mr. Trump so chooses, he may continue his presidential campaign despite an indictment or even a criminal conviction. He has made it abundantly clear that he will do so regardless of the outcome.
In truth, nothing in US law prohibits a candidate who has been found guilty of a felony from running for president and serving in that capacity – even while incarcerated.
But Mr. Trump’s arrest would undoubtedly make his campaign for presidency more difficult.
While some Republican voters may band together in support of their underdog candidate as a result, it might be a major distraction for a candidate who is out canvassing and participating in debates.
Additionally, it would exacerbate existing pronounced divisions within the American political system.
Liberals see this as a matter of holding lawbreakers – even those in the highest positions of power – accountable, while conservatives say the former president is being subjected to a different standard of justice.
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