The former United States of America president Donald Trump is to be charged over alleged payment to a porn star.
CBS: Trump likely to be arraigned in New York on Tuesday
Former President Donald Trump is expected to be arraigned in New York criminal court next Tuesday, 4 April, CBS has reported.
Citing two sources familiar with the matter, CBS – the BBC’s US media partner – has said that the court proceedings are likely to take between 10 and 15 minutes.
At that time, the charges in the indictment will be read to the ex-President.
The sources, however, have noted that the day of the arraignment is still being planned and could potentially change.
What is Trump accused of?
In 2016, adult film star Stormy Daniels contacted media outlets offering to sell her account of what she said was an adulterous affair she had with Donald Trump in 2006. Trump’s team got wind of this, and his lawyer Michael Cohen paid $130,000 to Daniels to keep quiet. This is not illegal.
However, when Trump reimbursed Cohen, the record for the payment says it was for legal fees. Prosecutors say this amounts to Trump falsifying business records, which is a misdemeanour – a criminal offence – in New York.
Prosecutors could also potentially allege that this breaks election law, because his attempt to hide his payments to Daniels were motivated by not wanting voters to know he had an affair with her. Covering up a crime by falsifying records would be a felony, which is a more serious charge.
Even advocates for prosecution acknowledge that either way, this is by no means a clear-cut case. There is little precedent for such a prosecution, and past attempts to charge politicians with crossing the line between campaign finance and personal spending have ended in failure.
Trump facing dozens of charges – reports
The indictment of Donald Trump contains at least dozens of charges, US media are reporting.
CNN reports Trump faces more than 30 counts related to business fraud. The outlet has cited two anonymous sources “familiar with the case”.
Meanwhile, the New York Times says there are more than two dozen counts, also citing two unnamed sources.
The charges not been made public yet and we do not know what Manhattan District Attorney Alvin Bragg intends to indict him over.
But allegations that the former president covered up hush money payments to ex-porn star Stormy Daniels could amount to violations of book-keeping and political campaigning laws.
In December, the Trump Organization was convicted of multiple charges of tax fraud, but Trump himself was not charged as part of the case.
Trump’s lawyer confirms probable Tuesday arraignment
Susan Necheles has confirmed her client is expected to be taken to court on Tuesday – as reported earlier by BBC’s US media partner CBS.
“We do expect the arraignment to occur on Tuesday,” Trump’s lawyer said in an email to AFP news agency, without offering further details.
An arraignment is the initial court appearance in a criminal prosecution in the US.
A defendant is presented with the charges facing them and generally enters a plea. A judge then decides whether they should be released on bail or taken into custody.
Trump is expected to be charged on a number of counts over a hush money payment to former porn star Stormy Daniel. This payment was allegedly not properly recorded on his books.
Mike Pence says Trump indictment is an ‘outrage’
Mike Pence has described the indictment of his former boss an “outrage” and “great disservice to the country”.
There is no reason, he added to CNN’s Wolf Blitzer, to call for people to protest. Donald Trump “can take care of himself in a courtroom and he ought to be focussing on that right now”.
Like other Republicans, he is calling this a political move from the prosecutor and that “the American people will see right through it”.
Stormy Daniels thanks supporters
Stormy Daniels – the former porn star at the centre of Trump’s indictment – has thanked supporters.
Posting on Twitter, she said: “Thank you to everyone for your support and love.
“I have so many messages coming in that I can’t respond… also don’t want to spill my champagne.”
She claimed merchandise and autograph orders were “pouring in” following the news of the former president’s indictment.
He is being charged with a crime over an alleged hush money payment to Daniels, which it is claimed was paid to keep her quiet about an affair with the former president.
The payment itself was legal – but Trump allegedly recorded it as a business expense. Falsifying business records is illegal in New York, although it is not yet clear what exactly Trump will be charged with.
What happens if Trump is arrested?
If he is charged, Trump’s lawyers have indicated that the former president’s arrest would follow standard procedure.That means he would travel from his home at Mar-a-Lago in Florida to make an appearance at the New York City courthouse, complete with a formal booking, fingerprints and mug shots.
Given the historic nature of such a move, and the security concerns involved, the way this would unfold is uncertain – and would likely be the subject of negotiation between the district attorney’s office and Trump’s team.
Once the case is booked and a judge is selected, other details will fall into place, such as the timing of the trial and possible travel restrictions and bail requirements for the defendant. A conviction on a misdemeanour would result in a fine.
But if Trump were convicted on the felony charge, he would face a maximum sentence of four years in prison, although some legal experts predict a fine is more probable, and that any time behind bars is highly unlikely.
