Will Donald Trump be charged with a felony? Four things to watch for

1 year ago 45
Media caption,

Watch: Trump leaves residence connected his mode to courthouse

By Robin Levinson-King & Madeline Halpert

BBC News

Former US President Donald Trump is owed to look successful a New York City courthouse connected Tuesday.

This volition beryllium the infinitesimal erstwhile the transgression charges against him - the archetypal against a US president - volition beryllium made public.

Mr Trump denies immoderate wrongdoing.

Here's what to look retired for:

1. What are the existent charges against Trump?

Manhattan District Attorney Alvin Bragg has been investigating a $130,000 (£105,000) outgo made by Mr Trump's erstwhile lawyer Michael Cohen to porn prima Stormy Daniels, which was made to support her quiescent astir an alleged affair.

This is not illegal, and Mr Trump has acknowledged reimbursing Mr Cohen for the payment.

However, erstwhile helium reimbursed Mr Cohen, the grounds for the outgo says it was for ineligible fees.

Prosecutors accidental this amounts to Mr Trump falsifying concern records, which is simply a misdemeanour - a transgression offence - successful New York, and we expect the charges to beryllium related to that.

Mr Trump's lawyer Joe Tacopina said past week that helium believed the lawsuit against Mr Trump could see 30 abstracted charges - perchance due to the fact that each cheque that Mr Trump wrote to Mr Cohen would beryllium counted separately.

2. Will 1 of the charges against Trump beryllium a felony?

In New York, fraud tin beryllium a felony - a much superior transgression - if the prevarication was made with the intent to conceal oregon perpetrate different crime. Sources adjacent to the lawsuit person told US media that they judge astatine slightest 1 of the charges against Mr Trump could beryllium a felony.

What could that be? Most signs constituent to breaking run concern rules - Mr Cohen has already been convicted for breaking run concern rules and taxation evasion successful transportation to the payment.

Image source, Getty Images

Image caption,

Stormy Daniels was paid support quiescent astir an alleged matter with Donald Trump

This would mean prosecutors judge that Mr Trump tried to fell his payments to Ms Daniels due to the fact that helium didn't privation voters to cognize they had an matter - the payments were allegedly made successful the weeks earlier the 2016 election, and truthful it is imaginable they could beryllium considered a portion of his campaign.

Most felony fraud cases transportation a maximum of astir 5 years successful prison, though it is communal for convicts to beryllium sentenced to conscionable probation, oregon a fine.

Even if convicted, it is highly improbable that the erstwhile president could beryllium legally prevented from moving successful a aboriginal statesmanlike election, and Mr Trump has made wide helium volition not wantonness his 2024 White House campaign.

3. Could determination beryllium an further complaint relating to different case?

Prosecutors person asked astatine slightest 1 witnesser questions astir a $150,000 outgo made to Karen McDougal, a erstwhile Playboy mag Playmate of the Year. Ms McDougal has claimed she had a narration with Mr Trump successful 2006.

The wealth was paid by the National Enquirer, a tabloid magazine, successful what media person reported was an effort to support her communicative from being published by immoderate different outlet.

It's not wide if she was questioned to bring abstracted charges, oregon to found a signifier of behaviour by Mr Trump relating to the Stormy Daniels case.

4. How beardown is the lawsuit against Mr Trump?

The indictment is expected to acceptable retired what prosecutors judge Mr Trump has done, with immoderate accusation arsenic to however and when, and from that we volition get a consciousness of the lawsuit they person built against him.

The Manhattan District Attorney's bureau routinely prosecutes radical for falsifying concern records, but convicting a felony complaint could beryllium much challenging, said Norm Eisen, an adept connected law, morals and anti-corruption astatine the Brookings Institution.

Manhattan DA Alvin Bragg would person to beryllium that Mr Trump knew helium was breaking the instrumentality and that helium falsified concern records with the purpose of helping his statesmanlike campaign.

Mr Bragg could constituent to a circumstantial New York predetermination instrumentality that bars candidates from conspiring "by unlawful means" to beforehand a campaign, said Jerry Goldfeder, a New York predetermination and run concern lawyer.

Mr Trump's lawyers accidental the payments to Ms Daniels were made to shield his household from mendacious allegations, and were unrelated to his campaign. Ms Daniels was threatening to cancel her erstwhile nondisclosure statement to support the alleged matter a secret, according to The Washington Post.

"He had to wage wealth due to the fact that determination was going to beryllium an allegation that was going to beryllium publically embarrassing to him," Mr Tacopina said.

His defence squad is apt to proceed to trust connected this argument, ineligible experts said, but it could beryllium challenged based connected the timing of the payment.

That could "suggest that it was the run that motivated it, not the tendency to support her from embarrassing him", said David Super, a prof astatine Georgetown University Law Center.

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