Will Trump Be Thrown Behind The Bars?
According to Al Jazeera, on Tuesday, we will be waiting for Donald Trump, the former president of the United States, to appear in the New York court. Trump is going to face an indictment that has not yet been revealed, so in this report, we are going to address 6 important questions about the upcoming trial.
A Manhattan grand jury indicts Trump as the first former president of the United States to face criminal charges for paying $130,000 in hush money to a porn star.
During the 2016 presidential election campaign – the accused.
1. What is Trump accused of?
While the original charges have not yet been made public, a grand jury has ruled that it can file a criminal case against Trump for paying the porn star $130,000, which his lawyer, Michael Cohen, said. ” There have been.
Trump insisted in April 2018 that he knew nothing about the payment, but Cohen provided Congress with a series of copies of checks signed by Trump for him.
At least two checks were cashed while Trump was in the White House, Cohen said, adding that Trump and his company had made the payments legal undercover.
Under New York State law, it is a crime for campaigns to conceal such payments if they are intended to conceal another crime.
The most substantial reason for this crime is the time to pay the silence fee. This money was transferred to the actor’s lawyer on October 27, 2016, just a few days before the 2016 presidential election.
2. What are the possible obstacles in issuing an indictment against Trump in the prosecutor’s case?
The first obstacle is the credibility of Michael Cohen, whom the prosecutor cites. Because many of the necessary evidence and documents that Cohen has provided to file the case are weak and suspicious, especially since he confessed to 9 crimes in 2018 and was sentenced to 3 years in prison, and he has repeatedly mentioned Trump bitterly and declared Karde regrets the time he spent as a lawyer for Trump.
Also, the case dates back to 2016, which means more than 5 years have passed since then, and the statute of limitations in New York is 5 years for most crimes, although there are exceptions, such as if the defendant lives out of state.
Another potential problem prosecutors may face is how to prove that Trump knew the payments were illegal and that Trump could argue that he thought Cohen, as a lawyer, was legally making the payments and related documents. was running
3. Will Trump be arrested during the investigation of the case or will he remain free?
That will be up to the discretion of the New York judge assigned to the case, Juan Merchan, prosecutors are unlikely to seek to detain the former president or restrict his travel to the United States while the case is pending. There is no legal bar to Trump continuing his presidential campaign, which is set to end in 2024, even if he faces criminal charges or is sentenced to prison.
If Trump were to win the presidency while facing indictments or convictions, the legal aspects would become murkier, raising serious questions about whether a state court could prevent someone elected to federal office from serving under the Constitution. America has not planned such a thing?
4. How will this indictment affect the ongoing investigation against Trump?
There is no reason why the Manhattan indictment will affect the course of many other investigations that could bring more and more serious criminal charges against Trump, and a grand jury in Fulton, Georgia, is investigating Trump’s attempt to overturn the election results. The 2020 presidency is in the state, and at the federal level, special counsel Jack Smith is leading two investigations into Trump’s role in the January 6, 2021 attack on the Capitol and the preservation of government documents after his presidency.
Officially, a federal criminal case against Trump, if filed, would allow federal prosecutors to take precedence over any other local case or case.
Concurrent criminal proceedings against Trump also inevitably create problems, but federal and local prosecutors usually try to resolve any differences.
5. How long will it take to impeach Trump?
It will take several months for the trial to begin, and even if both sides are willing to move forward quickly, the legal and constitutional issues will likely drag on until next year and into the 2024 primaries.
Add to that Trump’s tendency, in almost every legal matter he’s involved in, to seek to delay and prolong the proceedings whenever possible.
Trump’s lawyers could try to take the case to federal court, arguing that at least some of the payments to Cohen were made during Trump’s presidency and therefore a state court should not have the power to decide whether the actions are legal. Trump may also seek to move the trial to another court in another location in New York state, and he could try to have the indictment dismissed or reduced, and it will take a long time for all of those preliminary motions to be resolved.
A criminal tax case filed by the Manhattan District Attorney’s office against the Trump Organization in the same court in 2021 took about 15 months to reach a verdict.
A grand jury indicted two Trump companies on all criminal charges on Dec. 17, and while the new case is narrower, the focus on Trump himself lengthens the case.
6. Could Trump end up in prison?
It depends on how Judge “Khuan Merchan” defines the crime. If the judge convicts Trump of a “misdemeanor” for falsifying business records, he faces a maximum of one year behind bars, but if the judge defines the crime as a “felony,” Trump could be sentenced to up to 4 years in prison.