In recent months, the legal woes facing former United States President Donald Trump have been mounting. The possibility of Trump being charged with criminal offenses has been a topic of discussion among legal experts and politicians since he left office in January. With the ongoing investigations and legal battles, many are speculating that the indictment of the former president could come any day now. But what happens if he is indeed charged? In this article, we’ll take a look at the possible scenarios and what could be in store for Donald Trump if he is indicted.
Former United States President Donald Trump may face charges in New York relating to allegations of hush money payments made to a porn star during his 2016 presidential campaign. If he is charged, Trump will become the first former U.S. President to face criminal prosecution. However, any trial is at least a year away, according to legal experts, and could overlap with the final months of the 2024 presidential campaign, where Trump is reported to be seeking a return to the Oval Office.
Reports suggest that Manhattan District Attorney Alvin Bragg has presented evidence to a New York grand jury relating to a payment of $130,000 made to the porn star, Stephanie Clifford (also known as Stormy Daniels), shortly before the 2016 Presidential election in return for her maintaining silence about an alleged affair with Trump. The former President continues to deny the affair and his lawyers have accused Clifford of extortion.
There are concerns relating to the uncharted legal waters that would be entered if Trump were elected whilst under indictment. There is a possibility that he would be required to stand trial in the middle of the 2024 Presidential campaign or even after his re-election, as a U.S. President-Elect or President cannot pardon themselves of state charges. According to some experts, the average criminal case in New York takes over a year to move from indictment to trial, and Trump’s case could take even longer.
In his previous career in real estate, as a television celebrity and then in politics, Trump frequently used aggressive counter-attacks and delay tactics when confronted with legal challenges. He has accused the Manhattan District Attorney of targeting him for political gain and is likely to seek dismissal of the charges on those grounds. Trump is also expected to pursue other avenues, which may present thorny legal issues that take time to resolve.
Whilst he was serving as President, Trump reimbursed his lawyer, Michael Cohen, for payments made to Clifford, which were falsely recorded as legal services. Federal prosecutors who charged Cohen said the payments were, in effect, an illegal secret donation to boost Trump’s campaign. The most probable charges against Trump, according to the New York Times, are for falsifying business records, a misdemeanor. However, to elevate the charge into a felony, prosecutors must prove that Trump falsified records to cover up a second crime.
Using state election law to elevate a false-business-record charge is an untested legal theory, although specialists believe Trump’s lawyers would challenge the charge. Trump could also challenge whether the statute of limitations, which in this instance is five years, should have run out. Under New York law, the statute of limitations can be extended if the accused has been out of the state. Trump is expected to argue that serving as U.S. President should not be an exception.
Any indictment would require Trump to travel to the district attorney’s office in downtown New York to surrender, and he would be required to have his fingerprints and mugshot taken. The former president’s legal team has confirmed that Trump would surrender if charged. If Trump refuses to come in voluntarily, prosecutors could seek to have him extradited from Florida, where he currently resides.
Florida’s Governor, Ron DeSantis, who is seen as a potential Republican nominee in 2024, would typically have to give formal approval for an extradition demand, although Florida legal experts say that his role would be strictly administrative. The legal proceedings could pose an ironic twist to DeSantis’s role if he remains the State’s Governor.
