Categories: Politics

Will Trump be arrested? Answers to questions about the former president’s legal troubles

Former President Donald Trump speaks at the Conservative Political Action Conference, CPAC 2023, Saturday, March 4, 2023, at National Harbor in Oxon Hill, Md. (AP Photo/Alex Brandon)
(Alex Brandon/Associated Press)

Will Trump be arrested? Answers to questions about the former president’s legal troubles

Advice, resources and guides

Jon Healey

March 20, 2023

Donald Trump set an unenviable record when he occupied the White House, becoming the first president to be impeached twice by the House of Representatives.

His legal troubles have only gotten worse since then.

On Saturday, Trump said on his social media network Truth Social that he will be arrested Tuesday in connection with a case brought by Manhattan Dist. thoughtful Alvin Bragg. The former president cited “illegal leaks” from Bragg’s office as the source of his information; his attorney later said there was no formal notice from the prosecution, and Bragg declined to comment.

Bragg has presented a criminal case against Trump to a grand jury in Manhattan, which met Monday to hear from a witness from Trump’s attorneys that the jury’s work is nearing completion and an indictment is imminent. Trump declined an invitation to testify.

That’s just one of many lawsuits Trump faces. Here’s one

fast

overview of what’s happening now, as well as other looming issues for the former president.

Why are New York City prosecutors investigating Trump?

Because Trump was accused of violating state law while in New York in 2016 when he ran for president.

One of Trump’s former lawyers, Michael Cohen, admitted in federal court that he paid $130,000 to a porn star, Stormy Daniels, shortly before the 2016 election to prevent her from talking about an affair she allegedly had. say with Trump. Cohen also admitted in court documents that Trump’s New York City-based real estate company paid him back the following year, but disguised the payments as a large monthly retainer.

Trump has denied having an affair with Daniels and paying her to remain silent. One of his lawyers has accused her of extorting money from him.

For later… What are the charges? New York makes it a crime to create false business records, and the crime becomes a felony if business records are false to conceal a separate crime. Here’s Trump Accused ‘I’m Now Emancipated’: Nancy Pelosi Enjoys Post-Leadership LifeIsn’t there a statute of limitations that could stop the case?

There is, but the time limit has been extended due to the

COVID-19

pandemic. Also, the clock stops when the defendant spends an extended period of time outside of New York, as Trump did when he was in the White House.

Does this have anything to do with the 2020 election?

No. These allegations relate to the 2016 election, which Trump won.

Isn’t Cohen a convicted liar?

Yes In 2018, he pleaded guilty to lying to a bank about his debts

in order

to obtain a $500,000 home equity line of credit. He also pleaded guilty to five counts of tax evasion and, in connection with the hush money payments, two campaign finance violations.

The demise of Silicon Valley Bank animates the early days of California’s 2024 U.S. Senate election. Who is Alvin Bragg?

Harvard-educated Bragg is the first black district attorney for the borough of Manhattan,

have been

elected in 2021. Before that he worked for years as a lawyer and public prosecutor

the

New York City Council and the state and federal governments.

Among other cases he has worked on over the years, he oversaw the New York Attorney General’s lawsuit accusing Trump’s charity, the Donald J. Trump Foundation, of illegally acting as an arm of the Trump campaign in 2016. (The foundation dissolved in the wake of the suit.)

Hey Bragg

also helped secure the indictment of former Trump adviser Stephen K. Bannon on fraud charges for allegedly diverting donations intended to build a wall on the Mexican border. (Bannon also faced federal charges related to the fundraiser, but

What

Pardoned by Trump, forgave him on his last day in office.)

Hasn’t Bragg prosecuted Trump already?

No. New York prosecutors

successfully

accused Trump’s business and payroll firm of criminal tax fraud and won convictions in December. Earlier, they received guilty pleas from longtime Trump Organization finance chief Allen Weisselberg on felonies related to the plan.

Shortly after Bragg took office in 2022, he appeared to put the brakes on a criminal investigation into Trump’s business practices that had begun under his predecessor, Cyrus Vance Jr. Two prosecutors worked on the investigation that examined whether Trump fraudulently assigned values ​​to his properties when seeking loans, among other things

allegations

resigned in apparent protest.

What about New York State prosecutors?

state attorney general Letitia James

in Sept

sued

last September

against Trump

and some of his relatives and companies

,

like

weisselberg,

various members of Trump’s family and some of his companies,

accusing them of fraudulently inflating Trump’s net worth on official financial returns. The point of the plan, the lawsuit, claims what should help Trump get loans and insurance on better terms.

This is a civil case seeking financial penalties, not a criminal case requiring prison terms. But James

So

referred the case to the IRS and the Justice Department for possible criminal charges, alleging Trump had violated federal anti-fraud laws and made false statements to financial institutions.

I thought Merrick Garland wasn’t the man prosecuting Trump?

Not at this time.

American attention. General Garland has appointed special counsel to lead the Justice Department’s investigation into whether Trump violated federal law by keeping some classified documents after leaving the presidency. Special counsel, Jack Smith, is also looking into Trump’s role in the

6 Jan. 2021,

attack on the US Capitol on January 6, 2021.

The much-publicized FBI search (or raid, in Trump’s parlance)

last year

bee

the Trumpshome of the former president

Mar-a-Lago

estate last year

in connection with the secret documents case.

Trump has denied any allegation there or related to the January 6 events.

Who else is prosecuting charges against Trump?

A

other

case that has made headlines is the investigation of

a

Fulton County, Ga., grand jury in an alleged trial

over there

to disrupt the 2020 presidential election. This case revolves

the

post-election efforts by Trump and his supporters to reverse the outcome in Georgia where Joe Biden narrowly ran

won defeated Trump

. Fulton County Dist. attentive Fani Willis has not yet responded to the grand jury’s recommendations, which called for multiple indictments.

Trump has also denied any wrongdoing in this case.

If indicted in New York, could Trump be arrested and extradited?

Yes Article IV of the Constitution requires states to extradite suspected criminals wanted for trial in other states, although defendants may delay the process

down

by taking it to court.

New York requires defendants to appear in person to get booked, so legal experts predicted that Trump would fly to New York and appear voluntarily.

Trump’s running mate? Republicans are already vying for consideration. Would arrest affect Trump’s ability to serve as president?

No. Even if he was convicted and sent to prison, Trump could

Calm

serving as president of the United States Constitution only requires that a president be at least 35 years old, be a natural born citizen and

a

at least 14 years resident of the US.

Any criminal charges against Trump would certainly affect his campaign. And if he was imprisoned, winning the 2024 election would not automatically shorten his sentence.

It’s unclear how he could perform the duties of his office from a prison cell, meaning the 25th Amendment could come into play. Underneath

change

can a president temporarily transfer his duties to the vice president if he is unable to perform them himself, or can the duties be taken from him if the vice president and a majority of the highest executive officials vote so.

Once in office, Trump could not be impeached unless the House impeached him (for the third time) and the Senate convicted him (for the first time).

Incidentally, the Constitution does not say whether the high crimes and offenses necessary for impeachment can take place before a president takes office. In effect, it leaves it to Congress to decide which acts constitute criminal offenses and when they must have occurred.

What is the response from Trump and his supporters? Has there been a backlash?

Trump made a plea for his supporters to protest Tuesday on Truth Social, prompting Bragg to issue an internal memo that said, “We will not tolerate attempts to make our office intimate or threaten the rule of law in New York.” Even staunch Trump allies like House Speaker Kevin McCarthy (R-Bakersfield) and Rep. Marjorie Taylor Greene (R-Ga.) urged supporters not to protest.

However, three other Trump allies in the House have demanded that Bragg testify before their committees as soon as possible. The trio of Representatives. Jim Jordan (R-Ohio), James Comer (R-Ky.), and Bryan Steil (R-Wis.), who head the House Judiciary, Oversight and Administration committees

respectively

suggested the investigation was politically motivated and would disrupt next year’s presidential election, while also eroding public confidence in “the impartial application of justice”.

Other Republicans echoed charges that Bragg’s investigation was political. Among them was a likely Trump rival for the 2024 Republican presidential nomination, Florida Gov. Ron DeSantis.

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