TRUMP. Charged in the case between him and Stormy Daniels, Donald Trump is expected in court in New York on Tuesday, April 4, for his indictment. Charges and penalties are to be clarified as pro and anti-Trump protesters are massed outside the court.
Arrived the day before in New York, Donald Trump is expected from 2:15 p.m. (8:15 p.m. Paris time) at the Manhattan court, this Tuesday, April 4. The billionaire goes voluntarily to the hearing of his indictment and should respond, with a few adjustments, to the usual procedure to which the defendants are subject. However, if it is normally handcuffed that those charged with criminality appear in court, the billionaire should not be hampered by bonds on Tuesday, because of his status as a former president of the United States. The taking of photos is also still subject to discussion because the authorities fear leaks of the photos according to information from CNN. For the rest, Donald Trump will have to state his identity and his profession and submit to a fingerprinting.
After reading his indictment and the details of the charges against him, Donald Trump is expected to plead not guilty, according to his lawyer Susan Necheles at Reuters. A decision that will lead to the opening of a trial and a long series of procedures. According to the political scientist specializing in the United States interviewed by Le Parisien, Nicole Bacharan, the trial “will last for months” because “the lawyers [of Donald Trump] will raise each point of procedure”. So much so that the hearings could only take place in 2024. The fact remains that the preliminary hearing will have to be fixed soon after the appearance of Donald Trump. The 76-year-old man should also be released from court on Tuesday.
Could this case send Donald Trump to prison? Hard to say, because the answer to this question depends on several factors. We must first know the exact charges and therefore the charges against the former American president, which must be made public on Tuesday, April 4. According to the Washington Post, New York District Attorney Alvin Bragg is considering “charges of falsifying business records in the commission of another crime, possibly a campaign finance violation.” This crime carries a maximum sentence of four years in prison.
The charges brought against Donald Trump, like the penalties incurred, can however be revised downwards. Since the billionaire has no criminal record, he is unlikely to face a long prison term, especially for a “low-level non-violent criminal offence”.
Donald Trump’s time in prison is therefore far from guaranteed. The conviction of the former American president, itself, is not certain. The boss of the Trump Organization is already certain not to go to prison for the duration of the trial. According to experts quoted by Le Monde during the first appearance, the judge should decide on the amount of the bail and a release and the billionaire could pay this sum.
Donald Trump’s indictment comes just months into the 2024 presidential campaign, but it won’t be a damper on the billionaire’s political ambitions. Article 2 of the American Constitution which provides for the conditions of eligibility of the President of the United States does not mention the obligation to have a clean criminal record. This indictment, the holding of a trial and even a prison sentence will therefore not prevent Donald Trump from being a candidate for the election in 2024. He would, however, be the first former head of state in this situation. .
Among the proceedings against Donald Trump, only one could be an obstacle to his candidacy: the federal investigation into the January 6, 2021 insurrection better known as the assault on the Capitol in which the former head of state allegedly played a role. To be responsible or to have participated in a rebellion against the United States is indeed a criterion of inequality in the American presidency. If after a parliamentary inquiry the committee of the House of Representatives retained four grounds for prosecution including “incitement to insurrection”, no charge has yet been brought against the billionaire. It would also be necessary for the investigation to lead to the indictment of Donald Trump and for the prosecutions and trials to take place before 2024 and the presidential election to call the Republican’s candidacy into question.
If his candidacy is still possible despite the indictment and a possible trial, will Donald Trump still have a chance of winning in 2024? Republican advisers and associates are divided on this point. Some believe that this high-profile affair puts the real estate mogul back in the center of attention, it is not the first, nor the biggest scandal in which the 76-year-old man is involved. The multiple reactions observed on the Republican side also show the weight of Donald Trump in this political camp. Even his rival, candidate and presumed favorite for a Republican primary, Florida Governor Ron DeSantis supported him in the face of justice. All these statements give Donald Trump an almost untouchable position and could push Republican voters towards him at the polls. But the indictment and holding a trial would be expensive for the candidate, and his advisers have recognized that it would be difficult to organize an electoral campaign in parallel with a criminal trial which will, undoubtedly, also be very publicized, according to the newspaper of the American capital.
If Donald Trump is accused of paying porn actress Stormy Daniels $130,000 to keep quiet about a hypothetical extramarital affair, it’s more the concealment of that payment that’s more of a misdemeanor or a felony for Manhattan District Attorney Alvin Bragg. Donald Trump reportedly instructed his attorney Michaël Cohen to pay by check during the 2016 presidential campaign and reimbursed him after his election for legal fees in campaign accounts. Cohen himself confessed and pleaded guilty to violating campaign finance laws in 2018. He is the lead witness in this case.
