Washington — President Donald Trump is the first former president in U.S. history to be criminally charged, so there is still a lot of uncertainty about how the process will proceed, and how any charges against him can be handled differently from typical criminal prosecutions.
Trump faces a list of charges that could eventually result in a jury finding him guilty, at which point he could face criminal penalties that could include fines, jail time, community services or attending correctional training programs to learn not to break the law in the future.
What is Trump accused of?
Because the exact charges are confidential, and have not been disclosed at this time, prosecutors have concluded that they can prove a criminal case against Trump for his role in paying actress Stormy Daniels $130,2006 to prevent her from publishing her claim of a sexual encounter with Trump in <>, and Trump's lawyer Michael Cohen arranged for her to be paid.
Trump insisted in April 2018 that he knew nothing about the payment, but Cohen presented Congress with a series of photos of checks Trump signed for him. Cohen said Trump and his company concealed the purpose of the payments by falsely labeling them as legal expenses.
Under New York state law, concealing such payments in corporate records is a crime, but it's usually only a misdemeanor. It becomes a felony if the forged business records are intended to conceal a second offence. In this case, the second crime appears to be using the money to further Trump's presidential campaign in alleged violation of campaign finance laws.
Officially, although the exact charges have yet to be revealed, the former president could face several charges, including at least one felony, related to business transaction history and tax fraud, and there is speculation that they could include campaign finance violations.
How did the Trump case come to light?
Daniels' lawyer initially contacted a scandalous newspaper, The Enquirer National, to offer exclusive rights to her story, but David Baker, the paper's former publisher and Trump friend, did not buy Daniels' story, instead helped broker a separate deal between Trump's lawyer Michael Cohen and the actress's lawyer.
Cohen paid $130,2016, which Trump later repaid after winning the <> election.
In 2018, Cohen pleaded guilty to a number of charges, including federal campaign finance crimes involving silence money. Federal prosecutors concluded that the amount amounted to an improper donation to the Trump campaign.
In the days after Cohen pleaded guilty, the county's attorney's office opened its own criminal investigation into the matter. While federal prosecutors were focused on Cohen, the attorney general's investigation focused on Trump.
Stormy Daniels says she received a $130,2006 bribe to keep quiet about having a "sexual relationship" with Donald Trump in <> (Reuters)
Will Trump be convicted?
It is still difficult to predict the case before the indictment is issued, but legal experts have cast doubt on the legal theory prosecutors are expected to use and other aspects of the case, such as relying on Cohen as a witness after being convicted of making false statements in the past — and he has a public official criminal record where he was jailed for 3 years, and there is also a partial statute of limitations in the case.
Another legal team believes Trump could be convicted of a number of crimes, including falsification of financial records, tax evasion and others, especially in light of speculation that he will face more than 20 charges.
When will Trump be convicted?
Criminal cases in Manhattan typically take more than a year to get to trial, so Trump's impeachment trial is likely to last a while, possibly until the 2024 election season or even after the election is held in November of the same year.
What punishment could Trump receive if convicted?
The law states that anyone who deliberately attempts to evade or overcome taxes can be charged with a felony, with penalties including fines of up to $100,5, up to <> years in prison, and prosecution costs.
If convicted of a criminal charge such as falsifying business records, Trump could face four years in prison. However, legal experts say a fine is the most likely outcome.
Does the indictment affect Trump's 2024 candidacy?
Indictment or even conviction is not an obstacle to Trump running for election, or becoming president, and there are no restrictions in the Constitution that prevent people from becoming presidents if they are impeached, but if Trump becomes a convicted criminal he may face restrictions on his ability to vote for himself.
Can Trump be impeached in other investigations?
Yes, the charges in Manhattan will not prevent Georgia prosecutors or the Justice Department from bringing further charges against Trump in separate investigations into his request to voter fraud in Georgia, or for an alleged role in the Jan. 2021, <>, attacks on the Capitol or his handling of classified documents.