by RM Nair
NEW YORK CITY, March 31: Former US President Donald Trump has been indicted
by the Manhattan Grand Jury in the case relating to the hush-money payment made
to adult actress Stormy Daniels during the campaign for the 2016 presidential election which he had won.
Trump, 76, is the first-ever former US President to be indicted in a criminal
case. He has denied all charges.
Manhattan District Attorney Alvin Bragg's office has stated that Trump's attorney Joe Tacopina was told after the jury voting on Thursday evening to "co-ordinate his surrender." He is likely to be ordered to appear in the State of New York Supreme Court in Manhattan on Tuesday next when he will be chargesheeted. But no date has been officially stated yet, nor the charges been disclosed, Tacopina said. His fingerprints and mugshot will be taken like any defendant in criminal cases. Arrest, handcuffing and a 'prep walk' are unlikely. An order for extradition, if any, can be thwarted by Florida Republican
Guv Ron DeSantis, making the process extremely complex. Instead, Tacopina has told the attorney's office Trump himself will come and surrender. Trump's hometown is New York, but he has been living in Florida after leaving the White House.
Trump reacted to the indictment: The Attorney is "doing Joe Biden's dirty work". His lawyer said 'he is ready to fight."
Alvin Bragg, a Democrat, had earlier denied all charges of political vendetta.
President Joe Biden remarked: “I have no comment on Trump.”
Donald Trump will face criminal charges in the 2016 case of the $130,000 hush-money
payment to Stormy Daniels, officially named Stephanie Gregory Clifford, now
44. The Grand Jury voted to indict Trump after investigating the payment to
silence her over an alleged affair with him which was not disclosed as electoral
expense. The payment was made during the presidential campaign and just days
before the 2016 election. The affair relates to 2006.
Can Trump contest presidential election 2024?
As of now there is no US law (but there have been legislative moves towards
that in recent times) that prevents a candidate, who is indicted or found guilty
of a crime, from campaigning or serving as President, even from prison. However,
the developments can upend his campaign, but he hopes otherwise.
Stormy Daniels will dance
Stormy Daniels had tweeted Tuesday last week she will “dance down the street” of New York if Trump is jailed.
The case
The charge against Trump before the New York Grand Jury relates to the hush-money Daniels was paid by Trump's personal lawyer Michael Cohen (who turned hostile) during the 2016 presidential election campaign lest his prospects in defeating Democratic nominee Hillary Clinton were harmed by her planned disclosures about relationships with Trump. During the 2016 campaign she was planning to sell the story of her affair with Trump of 2006 to media. Trump got wind of it and his aides were deployed to silence her. Cohen admitted in his testimony to the Grand Jury he gave the money to Daniels for
an agreement to silence her. This amounted to hiding matters from the voters to prevent any harm to his electoral prospects if Daniels published the stories, which is a violation of the election law in the State (charge No 1).
More serious and more relevant to the case is that the unaccounted payment
during campaign amounted to a violation of the State's electoral law - because
as it was done to hide issues from the voters, it is legally an election expense.
(charge No 2).
Trump while reimbursing Cohen the $130,000 Cohen paid on his behalf to
Daniels, logged it in his business records as legal expenses, which is a
falsification of accounts (charge No 3).
Committing a criime (falsifying records) to cover up another crime (hiding
electoral expenses) is a more serious felony. (charge No 4)
The payment in itself or the NDA (non-disclosure agreement) is not at all illegal.
An NDA or non-disclosure agreement is a binding contract between two or
more parties that prevents sensitive information from being shared with others.
NDAs are very common for personal and business purposes in the US.
However, the Grand Jury has no documentary evidence as the NDA was not
signed either by Trump or Cohen on his behalf. This had been disclosed earlier
in a court in connection with another case.
Michael Cohen has already been in federal prison for campaign finance violation
related to the payment he made to Daniels on behalf of Trump.
The NDA in court
In March 2018 Daniels sued to be released from the NDA made 11 days before
the election in 2016. The case was dismissed (gone in her favour) as the agreement
was deemed unenforceable. The California judge ordered Trump to pay legal fees
to Daniels. Daniels' suit alleged President Trump "purposely did not sign the
agreement so he could later, if need be, publicly disavow any knowledge of the
Hush Agreement. He failed to put his name on their contract," she said.
The existence of the nondisclosure contract had become known after The Wall
Street Journal reported it.
Karen McDougal payment
Another payment was made on similar lines to another alleged Trump paramour
by the publisher of The National Enquirer David Pecker. Trump's alleged former
mistress Playboy model Karen McDougal received $150,000 from Pecker’s company.
'Potential death and destruction'
A letter threatening to kill 'Alvin' (Attorney Alvin Bragg) was found at the
Manhattan District Attorney's office on March 24. Same day on his social media,
Truth Social, Trump had warned if he were to be indicted it could result in
"potential death and destruction."
Trump's message to supporters
Trump had last week called on his supporters to "protest" and "take our nation
back" if he is indicted. He posted on his social media site, 'Truth Social',
on March 18 after he predicted that the indictment would come on March 21:-
"...Now illegal leaks from a corrupt & highly political Manhattan District Attorney's
office, which has allowed new records to be set in violent crime & whose leader
is funded by George Soros, indicate that, with no crime being able to be proven,
& and based on old & fully debunked (by numerous other prosecutors!) fairytale,
the far & away leading Republican candidate & the former President of the United
States of America, will be arrested on Tuesday of next week. Protest, take our
nation back!"
Security outside Manhattan court had been ramped up as also in Washington DC
as a precaution even before Trump had on March 18 called on his supporters to
stage protests if he were indicted. There had also been online threats against
legal and Government officials, especially against the Manhattan District Attorney.
No full support to Trump from Ron DeSantis, Kevin McCarthy
House of Representatives Speaker (Republican) Kevin McCarthy and other party
leaders are rallying around Trump. But McCarthy called for calm among supporters.
He tweeted on Tuesday: "Here we go again - an outrageous abuse of power by a
radical DA who lets violent criminals walk as he pursues political vengeance
against President Trump. I'm directing relevant committees to immediately investigate
if federal funds are being used to subvert our democracy by interfering in elections
with politically motivated prosecutions."
Florida Gov. Ron DeSantis, also a likely GOP presidential candidate, while
disagreeing with the investigation, also did not fully support Trump.
Trump had reportedly raised $1.5 million after his indictment prediction in
just three days.
Opinion is divided on the impact of the indictment on his campaign. Trump claims
a wave in his favour.
Trump's other cases
Trump is facing several other criminal investigations at the State and Federal
levels like his efforts to overturn his 2020 election loss in the State of Georgia,
his handling of classified documents and his possible involvement in the January
6 rioting, apart from other tax and business litigation.
Trump twice impeached
Trump was twice impeached by the House of Representatives and was acquitted
by the Senate.
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