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Explained | Stormy seas for Donald Trump: Why he is in trouble and what's the case about

New DelhiWritten By: Manas JoshiUpdated: Apr 05, 2023, 10:15 PM IST
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Former US president Donald Trump arrives at Trump Tower, after his indictment by a Manhattan grand jury following a probe into hush money paid to porn star Stormy Daniels, in New York City, U.S April 3, 2023. Photograph:(Reuters)

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Donald Trump is first ever sitting or former US president to face criminal charges. The plot thickens as the hour of his arraignment in New York draws closer.

Former US president Donald Trump appeared in a New York City courthouse on Tuesday (April 4) to face criminal charges. This was the first time any sitting or former US president encountered such a situation. Trump already has a 'distinction' on his record as the only US president to be impeached twice. Here is all you need to know before the mega-political and legal spectacle unfolds.

Why is Donald Trump in trouble?

Donald Trump became president of the US after his victory in 2016 elections. He defeated Hillary Clinton, a major political figure in US as well as global politics.

It is being said that in the run-up to elections in 2016, Trump paid porn star Stormy Daniels USD 130,000 to buy her silence about an alleged affair he had with her. Trump denies having had any relations with her.

Such a payment in itself does not violate existing laws in the US but the plot thickens.

Watch | Trump arrives in New York ahead of surrender, first former US President to face criminal charges

Michael Cohen, once a very close Trump ally-turned antagonist, has said that Trump directed him to make the payment to Daniels. Cohen, a former personal lawyer of Trump, said that he was reimbursed and has shown cheques paid to him by Trump. Cohen has shown these cheques to US Congress.

So what is the problem?

Prosecutors say that Trump's repayment to Michael Cohen was recorded as legal fees. This amounts to falsifying business records and is a criminal offence in New York.

What are the charges against Trump?

World does not know this for sure as they are under seal. Information about the charges will begin to become public once the seal is broken in the courthouse on Tuesday.

However, various media outlets have hinted at what and how many charges there will be, citing sources and people from Trump's camp.

BBC has quoted Trump's lawyer Joe Tacopina who said that there can be 30 separate charges. This is because each cheque Trump wrote to Cohen can be considered separately, he said.

Will Trump be accused of a felony?

As per BBC, a fraud can amount to felony in New York if it is committed in order to hide another crime. US media has quoted sources who have said that at least one of the charges against Donald Trump may become a felony.

What will these charges be?

It is likely that felony charges would be made and be connected to campaign finance rules. Since payment to Stormy Daniels was made close to the 2016 presidential elections, the payment may technically come under the purview of campaign finance. It will be doubly true if prosecutors think Trump attempted to hide this payment as he wanted voters to not know about the entire saga.

Michael Cohen has already been convicted of breaking campaign finance rules in connection with payment to Stormy Daniels. This definitely does not sound well for Donald Trump.

Late on Monday, Yahoo News said Trump will face 34 felony counts for falsification of business records. The outlet cited a single source briefed on Tuesday's arraignment procedures. Yahoo said none of the charges against Trump were misdemeanors.

Keeping Daniels case aside, is Trump in deeper trouble?

BBC reported that at least one witness has been questioned by prosecutors about USD 150,000 payment made to Karen McDougal, a former Playboy Magazine Playmate of the Year model.

So what will happen to Trump? Will he be handcuffed?

As per experts interviewed by CNN, it is within the law to handcuff an accused, take his fingerprints and take a mugshot. However, Donald Trump is a former president of the most powerful country on Earth. There may be many opinions about what he did but given his stature as a former president, it looks unlikely that Trump will be treated like a petty criminal even when he is undergoing the due process.

Besides, if photos of him being handcuffed go viral, as they are most likely to, it may be a political and diplomatic embarrassment for the US as it navigates global issues.

Still, we do not know for sure what will happen and at this stage, we can only speculate.

Does the entire case make Trump ineligible to run for president?

Highly unlikely. Donald Trump has already made his intentions clear that he will contest elections to become US president again in 2024. For all his troubles, Trump still has a strong sway within the Republican Party, as was evident in the immediate aftermath of his election defeat in 2020.

Even as the current situation unfolds, prominent names from the Republican Party have rallied to support Trump calling the prosecution a 'witch hunt'.

In any case, the situation that will unfold on Tuesday will go down in history, just like the Capitol Hill attack but (probably) without any violence this time.

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