The former president should be summoned to court in New York on Tuesday for the reading of the indictment, according to his lawyer.
This is a first in the history of the United States. Former President Donald Trump was charged with criminal charges on Thursday March 30 for having bought the silence of an actress X in 2016. For several years, justice has sought to determine whether, with this payment of 130,000 dollars (about 120,000 euros) to the actress of pornographic films Stormy Daniels (real name Stephanie Clifford), the former Republican president has guilty of misrepresentation, which would be a minor offence, or breach of campaign finance laws, which would be a criminal offence.
In January, the Manhattan Democratic prosecutor had entrusted this case to a grand jury, made up of citizens drawn by lot. Responsible for investigating to determine if there was enough evidence to launch formal charges, they had invited Donald Trump to speak in mid-March. The former president did not respond to this summons.
On Thursday, after three hours of discussions behind closed doors, this grand jury adopted an indictment, the charges of which have not been made public. A decision which is only the first step of a long legal road. Franceinfo returns to the possible consequences of this investigation.
1 What will happen in the next few days?
The next deadline could arrive on Tuesday. The former president must be formally charged by the justice of the State of New York and his attorney for Manhattan, Alvin Bragg. “We expect the reading of the indictment to take place on Tuesday”, said his lawyer, Susan Necheles, in an email sent to AFP. If he refuses to appear, Donald Trump could be arrested and driven from Florida, where he lives, to New York. According to the American media, the 76-year-old former leader should however agree to present himself before the New York justice.
The billionaire will therefore have to go to the Manhattan court for the reading of the indictment by a judge. “He will be photographed, his fingerprints will be recorded and Trump will be presented to a judge who will ask him what he intends to plead: he will definitely say ‘not guilty'”Carl Tobias, professor of law at the University of Richmond, Virginia, told AFP.
2 What could the ex-president be accused of?
It is currently difficult to answer this question, because we do not yet know the charges against the former president of the United States. Initial information points to two possible charges.
The former president could be charged first misrepresentations in this case. In 2016, her former attorney paid Stephanie Clifford $130,000 against a confidentiality agreement from the actress over a supposed extramarital affair with a Republican candidate. However, this lawyer obtained the reimbursement by the Trump Organization of the sums incurred thanks to falsified documents. Donald Trump’s ex-lawyer assures former president knew about bogus legal fees and fee contract, reports THE New York Times*. Donald Trump could live with a conviction for these incorrect statements, which would constitute a minor offense.
The more serious threat of an accusation of violation of the electoral law also hovers over the former president. American justice could indeed consider that the payment, made to buy the silence of the actress, was made with the aim of influencing the 2016 presidential campaign. New York prosecutors could argue that the payment represented an illicit contribution to Donald Trump’s campaign, exposes the New York Times. If this qualification were retained, Donald Trump would incur a maximum sentence of four years in prison, explains the Washington Post*.
3 What can be the legal consequences?
It is likely that Donald Trump’s lawyers will engage in a legal battle to try to have his indictment invalidated. If they fail to do so, the normal course of justice provides for three scenarios after a charge:
- Charges can be dropped. This is relatively frequent and often linked to the arrival of a new prosecutor. But given the impact of the case, this outcome is quite unlikely.
- Donald Trump can make a deal. His lawyers can negotiate with the prosecutors and agree to plead guilty to avoid a trial and obtain a lighter sentence. This hypothesis is also unlikely, Donald Trump claiming his innocence at will.
- The court organizes a trial. But before that, several procedures must be followed, with various prior hearings. Again, it is likely that Donald Trump’s lawyers will use all possible levers to delay this deadline.
4 Can this procedure prevent him from running for a second term?
Absolutely not. In the United States, a criminally charged or convicted person can run for any office and be elected. Donald Trump, who declared himself a presidential candidate for 2024 in November, said he would not give up if he was charged, reports CNN*.
The Constitution provides only one exception to the exercise of an official function: having participated in a “insurrection” or to a “rebellion” against the United States. Donald Trump, who launched last November in the presidential race of 2024, is the subject of a federal justice investigation for his role in the assault on the Capitol on January 6, 2021, but no charge has not been held against him at this stage.
* Links followed by an asterisk are in English.