The first criminal trial of a former U.S. president is officially underway in a Manhattan courtroom, where prosecutors and defense attorneys are attempting to seat a 12-person jury to hear the case against Donald J. Trump.
Several hundred New York residents have been summoned, and both sides are whittling down the group—a process expected to take more than a week.
Once jury selection is over, both sides will begin presenting their case. Since Trump is a criminal defendant, he must attend proceedings each day unless he is granted a waiver.
Trump has been indicted on 34 counts of falsifying business records, stemming from allegations that he falsified documents to cover up “hush money” payments made by his former attorney, Michael Cohen, to adult film star Stormy Daniels.
Falsifying a business record is a misdemeanor in New York, but it becomes a felony if the intent of falsifying the business record is to commit or conceal another crime. .
In this article, Board Certified Criminal Attorney Benson Varghese explains what’s the behind the prosecution, the criminal process, and answers questions about this precedent-setting prosecution.
What has Donald Trump been charged with?
Here is the indictment against Donald Trump: Donald-J-Trump-Indictment. The purpose of the indictment is to give the accused notice of what he is being charged with which, in this case, is 34 felony counts of falsifying business records in connection with a hush money payment made to adult film star Stormy Daniels during the 2016 presidential election campaign.
The charges stem from a $130,000 payment made by Trump’s former lawyer Michael Cohen to Daniels, whose real name is Stephanie Clifford, to prevent her from disclosing an alleged extramarital affair with Trump. Prosecutors allege that Trump later reimbursed Cohen for the payment by falsely recording it as legal expenses in the Trump Organization’s internal records.
Specifically, the 34 counts relate to a series of checks written to Cohen over 12 months to reimburse him for the hush money payment, which were recorded as being for a non-existent legal retainer.
The charges accuse Trump of falsifying business records to conceal criminal conduct and unlawfully influence the 2016 presidential election. Trump has pleaded not guilty to all charges and denies any wrongdoing, dismissing the case as a politically motivated “witch hunt.”
The historic trial, which began on April 15, 2024, marks the first time a former U.S. president has faced criminal charges.
Is hush money illegal?
There is nothing inherently illegal about paying hush money under most circumstances. In many regards, it is no different than paying someone for a nondisclosure agreement or requiring someone to maintain trade secrets. However, how payments are structured could make a person a target of a prosecutor. For example, Cohen—who paid Daniels out of his own pocket—was prosecuted federally for the way he handled payments to Daniels. He pleaded guilty to campaign finance violations and other charges related to the payment. (Notably, federal prosecutors did not charge Trump.) New York state law prohibits the falsification of certain business records. Cohen is expected to a key witness in Trump’s trial, testifying about his role facilitating the payment and the subsequent reimbursement scheme.What is an indictment?
An indictment is a formal, written accusation that charges an individual with a crime. It is issued by a grand jury, which is a group of citizens convened to determine whether there is probable cause to believe the individual – in this case, former President Trump – has committed the alleged offense. If the grand jury believes there is probable cause, they will issue an indictment, which serves as the first step in the criminal prosecution process. Grand jury proceedings are secret and take place behind closed doors. Prosecutors present evidence by reciting facts or providing witness testimony or exhibits. The process is not an adversarial process. The defendant is not present, and the defense attorney does not have a right to be in the room. That’s part of the reason why no one knows when an indictment is coming down. Once an individual has been indicted, they will face an arraignment, where they will be advised about the charges against them. In this case, the Donald Trump indictment was originally kept under seal. It is not uncommon for judges to keep indictments under seal until the arraignment, when they become public.What is an arraignment?
An arraignment, in this context, is the process by which a judge informs the accused of the charge against them and addresses whether a bond will be set and the amount.Are politics behind the Donald Trump indictment?
It is hard to ignore the political realities. First, the prosecutor is a state District Attorney. He is a Democrat who ran on the platform that he would indict Trump. Second, the old adage that a grand jury will indict a ham sandwich has some truth to it – grand jury presentations are made only by prosecutors. The defense is not present. It is basically a prosecutor making a pitch to average citizens that “there is probable cause to believe this offense took place.” The pitch is not, “this is a strong case that we know we can prove beyond a reasonable doubt.”Can Donald Trump still run for President?
You bet. The United States Constitution outlines the requirements to run for President in Article II, Section 1. According to the Constitution, a candidate must meet the following criteria to be eligible for the office of President:- Natural Born Citizen of the United States
- At least 35 Years Old
- A resident of the U.S for at least 14 years