debtFormer President Donald Trump said an indictment by the Manhattan District Attorney was imminent against him for allegedly paying hush money, arguing that he could be indicted as early as Tuesday on Saturday.
District Attorney Alvin Bragg has not commented on Trump’s allegations, and a Trump spokesperson later clarified that Trump had not received notice of the imminent indictment.
But Trump’s comments highlight the possibility that he may face arrest for the first time. Trump was invited to testify before a grand jury in early March. An offer to testify, which Trump refused, is required before indictment.
The investigation is centered on cash paid to pornographic film star Stormy Daniels in 2016, before Trump won the presidential election. Daniels says she had an affair with Trump. Mr Trump denies this.
As part of Bragg’s investigation, Trump could be charged with falsifying business records for reimbursing his then-personal attorney, Michael Cohen, for payments to Daniels. The hush money deal was allegedly created weeks before the president’s victory and could also put Trump at risk of violating campaign finance laws.
Trump’s possible arrest is the first in history for a former president and raises questions about the process Trump will undergo during his arrest and trial.
Time spoke with legal experts about each stage of the process and how Trump’s indictment differs from run-of-the-mill white-collar criminal cases.
arrest
The prosecution Trump may face is a white-collar crime involving financial transactions, and given its non-violent nature, defendants in such cases typically “self-surrender” and become public criminals. Skip the walk.
White-collar defense attorney and former federal prosecutor Shanlong Wu told TIME that when a white-collar client is indicted, defense teams typically receive notice. and make an appointment to have your fingerprints taken,” says Wu.
Wu said given that Trump is a former president, Trump’s lawyers have made some special arrangements to avoid walking through the front doors of courthouses and police stations to be more cautious. Trump’s lawyers said on Friday that if charged, Trump would not resist arrest and would follow normal procedures. There is no conflict in Mar-a-Lago with the office,” he said. daily news.
If indicted, Trump would have to go through the same process, being put in jail, fingerprinted, and “mugshot” taken. But given Trump’s substantial ties to the community, especially his ongoing 2024 presidential campaign, judges probably wouldn’t consider him a fugitive risk and will likely release bail soon. Money will get him out, former federal prosecutor Renato Mariotti told TIME.
In a post on Truth Social Saturday morning, Trump claimed his arrest was imminent, citing “illegal leaks” from a “corrupt” and “highly political Manhattan district attorney’s office.” He called on his supporters to protest.
Security measures
Local, state and federal law enforcement agencies are working to prepare Manhattan Criminal Court for possible Trump indictment, NBC News reported Friday, citing anonymous sources. The New York Police Department, New York state court officials, the Manhattan District Attorney’s Office, the Secret Service and the FBI are all involved, according to NBC.
Wu doesn’t expect the process to involve a lot of unusual logistics if Trump is indicted, but he believes security will be increased, similar to the measures taken for other high-profile politicians and celebrities. “Sometimes you see a crowd of cameras and reporters in front of the courthouse,” he says. “In the case of the former president, the Secret Service probably has his screening mechanism for that, because otherwise you don’t know who’s in the crowd.”
“Court security could also set up a sort of barrier zone, meaning there’s an amount of ‘X’ feet that people can get through and no reporters sticking microphones in their faces. adds Wu. There will probably be a limit to the number of people who can enter the courtroom.
complications
If Trump Is Indicted/Indicted, The case eventually moves to jury selection, which can be a long and tiring process.
“Most people in the jury pool will have some sort of opinion about Donald Trump,” former federal prosecutor Renato Mariotti told TIME. “Most defendants, even if they are well-known, are often unknown to prospective jurors or do not have specific opinions about the person. I don’t think I can handle it.”
During jury selection, prosecutors and defense attorneys use voir dire questioning. This means that each juror candidate can be questioned about their qualifications and knowledge of the case to ensure a fair and impartial jury.
Wu believes a judge could choose to issue a so-called “gagged order,” restricting all parties from speaking to the press. “If he’s indicted, it’s going to be very publicized anyway,” says Wu. , one way to combat this is for judges to isolate jurors and limit their exposure to outside influence and information.
“If this case is still ongoing, he could face very unprecedented difficulties during his run for president,” Mariotti said. “[Trump] It would be subject to criminal enforcement action by the state and would pose many serious constitutional challenges.”
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