Trump indictment would be unprecedented moment in US history
5 min read 21 Mar 2023, 05:33 AM ISTA Manhattan grand jury could indict former US President Donald Trump over hush-money payments made on his behalf during his 2016 presidential campaign
PremiumThe decision whether to indict former President Donald Trump over hush-money payments made on his behalf during his 2016 presidential campaign lies in the hands of a Manhattan grand jury that has been hearing evidence in secret for weeks.
An indictment of Trump, who is seeking the White House again in 2024, would be an unprecedented moment in American history, the first criminal case against a former U.S. president.
Law enforcement officials are bracing for protests and the possibility of violence after Trump called on his supporters to protest ahead of a possible indictment.
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An indictment could also test a Republican Party already divided over whether to support Trump next year, in part due to his efforts to undermine his 2020 election loss.
Trump denies any wrongdoing and has slammed the Manhattan district attorney's office probe as politically motivated.
Here's a look at the hush-money probe, grand jury process and possible ramifications for his presidential campaign:
WHAT'S THE PROBE ABOUT?
The grand jury has been One of the final witnesses being called was Robert Costello, who was once a legal adviser to Cohen, the government’s key witness in the investigation.
The men have since had a falling out, and Costello has indicated that he has information he believes would undercut the credibility of Cohen and contradict his current incriminating statements about Trump.
Costello contacted a lawyer for Trump saying he had information that could be exculpatory for Trump, according to a person familiar with the matter who insisted on anonymity to discuss secret legal proceedings. The lawyer brought it to the attention of the district attorney’s office, which last week subpoenaed Costello’s law firm for records and invited him to testify.
He was at the building where the jurors were meeting on Monday, invited by prosecutors, ensuring the grand jury had an opportunity to consider testimony or evidence that could weaken the case for indicting.
Trump was also been invited to testify, but his lawyer has said the former president has no plans to participate.
WHAT ABOUT THE POLITICAL RAMIFICATIONS?.
Trump says charges would actually help him in the 2024 presidential contest. Longtime ally Lindsey Graham, senator from South Carolina, said Saturday that District Attorney Bragg “has done more to help Donald Trump get elected."
Florida Gov. Ron DeSantis, considering joining the Republican field, criticizes the Trump investigation as politically motivated, “fundamentally wrong." But he also threw one of his first jabs at the former president in a quip likely to intensify their rivalry. DeSantis said he personally doesn’t “know what goes into paying hush money to a porn star to secure silence over some kind of alleged affair."
Comments by other potential rivals, eager to convince voters it is time to move on from the former president but also contending with the fact that he remains the most popular figure in the party:
— During a Saturday visit to Iowa, former Vice President Mike Pence called the idea of indicting a former president “deeply troubling."
— Asa Hutchinson, the former Arkansas governor mulling his own 2024 bid, said he didn’t expect Trump to withdraw from the race after an indictment, though that would be the “right" thing to do.
— Former South Carolina Gov. Nikki Haley, a declared candidate who also served as Trump's U.N. ambassador, said Monday on Fox News that Bragg's case was an attempt at scoring “political points," adding, “You never want to condone any sort of prosecution that's being politicized."
“At the end of the day, not one single person’s opinion of him will be any different after indictment than it was before," veteran GOP operative Terry Sullivan said in an interview. “All of his perceived negatives are already baked into his name ID with voters."
WHAT ABOUT OTHER TRUMP INVESTIGATIONS?.
The New York probe is among many legal woes Trump is facing.
The Justice Department is investigating his retention of top secret government documents at his Florida estate, Mar-a-Lago, after leaving the White House, as well as possible efforts to obstruct that probe. Federal investigators are also still probing the Jan. 6, 2021, insurrection and efforts to overturn the election Trump falsely claimed was stolen.
Also Read: Donald Trump braces for potential charges in NY Hush-Money case, calls for protests
Portions of a report from a special grand jury in Georgia that investigated whether Trump and his allies illegally interfered in the 2020 election in Georgia shows jurors believed “one or more witnesses" committed perjury and urged local prosecutors to bring charges. The former president never testified, but the report didn't foreclose the possibility of other charges.
WHAT'S NEXT IN NEW YORK?.
It's unclear. Trump declared in a social media post over the weekend that he expects to be taken into custody on Tuesday and urged supporters to protest his possible arrest. However, there has been no public announcement of any time frame for the grand jury’s secret work. A Trump spokesperson said there has been no notification from Bragg's office.
Law enforcement officials have been making security preparations for the possibility of an indictment in coming days or weeks — or a court appearance by the president himself.
WILL TRUMP BE HANDCUFFED?.
Anna Cominsky, a New York Law School professor and former criminal defense lawyer, said that her best guess is that Trump’s lawyers will work out a deal with the prosecutor’s office to avoid the spectacle of an indictment with handcuffs and a perp walk.
“There is a great likelihood that he will self-surrender, which means you won’t see a 5 a.m. knock on Mar-a-Lago’s door, officers swarming his house and arresting him and bringing him out in handcuffs," she said. “He would appear at the prosecutor’s office voluntarily and then be processed, fingerprinted and his picture taken. "
Cominsky is less sure that Trump would want to avoid a public appearance for his arraignment, which would come within two days of an indictment. At that time a judge lists the charges and asks if the defendant pleads guilty or not guilt.
“He doesn’t shy away from the chaos, so he may want to use this to his advantage," she said.
This story has been published from a wire agency feed without modifications to the text.
