The former tenant of the White House was notified of 34 charges against him on Tuesday. He pleaded not guilty to all of the charges against him.
“I never imagined this possible in America.” Former US President Donald Trump was formally charged with 34 counts on Tuesday, April 4, during a court appearance in Manhattan, New York. An unprecedented event in the history of the United States.
The former Republican elected, presidential candidate of 2024, had announced that he would hold a speech on his return from New York on Tuesday evening, from his residence in Mar-a-Lago in Florida. “This case was fabricated, only to prevent me from participating in the 2024 elections”he proclaimed from the room where he had announced his candidacy a few months earlier. “The only crime I have committed is bravely defending our nation against those who seek to destroy it.”
In Manhattan court on Tuesday afternoon, Donald Trump pleaded not guilty to all charges against him. The former president is accused of “falsification of accounting documents”conducted “with intent to commit another crime”says the indictment (PDF, in English). Franceinfo returns to the facts of which he is accused and to the penalties that the 45th President of the United States incurs in the event of a trial.
What is he accused of?
Court documents released Tuesday by the Manhattan DA’s office – the indictment and a statement of facts (PDF, in English) – return in detail to the elements that led to the indictment of Donald Trump. The case at the heart of these legal proceedings is that linking the former president to the actress and director of pornographic films Stephanie Clifford (better known under the pseudonym of Stormy Daniels). As pointed out by New York Times*this is the only case directly mentioned in the indictment.
At the end of October 2016, as the presidential election approached, Donald Trump’s former personal lawyer, Michael Cohen, paid the actress $130,000 to buy her silence about a supposed extramarital affair. with the candidate dating from 2006. Once elected president, Donald Trump had reimbursed this sum to Michael Cohen. He is therefore accused of having falsified accounting documents to hide the real cause of these transactions.
The indictment specifies, with its 34 counts, each of these falsifications of documents and their dates. All took place in 2017, shortly after Donald Trump arrived at the White House. The court document mentions three types of falsifications to cover this reimbursement, notes the New York Times* : invoices for legal services (in reality non-existent) sent by Michael Cohen and “kept” by the Trump Organization; checks from Donald Trump made out to Michael Cohen presented as payment for these fictitious legal services; and expenses shown as legal fees in accounting records.
The prosecution returns to two other cases of transactions aimed at hiding embarrassing stories for the billionaire. In August 2015, the CEO of American Media Inc., a group that publishes the weekly The National Enquirer, had thus agreed to help Donald Trump in his campaign by alerting the candidate’s teams to negative articles aimed at him. According to the prosecution, the tabloid paid $30,000 to a former Trump Tower doorman who claimed to have information about a hidden child of Donald Trump.
The National Enquirer, according to this same source, also paid 150,000 dollars to Karen McDougal, former “playmate” of the magazine Playboy. She claimed, like Stormy Daniels, to have had an extramarital relationship with Donald Trump. The goal, for Manhattan prosecutor Alvin Bragg and his teams, is to show that the Stormy Daniels case was not an isolated case, and that “from August 2015 to December 2017, the defendant implemented a strategy with others to influence the 2016 presidential election, by identifying and purchasing information concerning him in order to suppress its publication and promote his electoral prospects”.
What is he at risk?
“Falsifying accounting records” is considered an offense in New York State. However, these offenses become more serious if they are committed in “intent to commit another crime”, that is, if the falsified documents actually hide another crime. The prosecution makes precisely this argument in this indictment.
“That’s exactly the heart of the matter”, prosecutor Alvin Bragg said at a press conference on Tuesday. The latter mentioned “34 false statements made to cover up other crimes” : “The strategy [de Donald Trump et de ses collaborateurs impliqués] was illegal. This strategy violated New York Elections Law, making it a crime of conspiracy to promote a candidacy by unlawful means.”
According to the prosecution, Donald Trump “repeatedly and fraudulently falsified New York accounting records, to cover up criminal conduct that concealed information detrimental to voters during the 2016 presidential election”.
In the case of false accounting declarations committed with the intention of committing (and concealing) another crime, the maximum penalty incurred is four years in prison. However, prison sentences are rare for this type of offense, notes Politico*.
What will happen now?
Donald Trump pleaded not guilty during his appearance in Manhattan on Tuesday. Judge Juan Merchan said he was targeting January 2024 for the start of the former US president’s trial. However, this timeline could be delayed, and this indictment will not prevent Donald Trump from running (or running for re-election if re-elected) in 2024. Pre-trial hearings are expected, as detailed in the Washington Post*. The defense could file motions to dismiss charges or to exclude certain evidence. She can also file requests about the trial schedule or the witnesses heard, specifies the daily. Donald Trump’s lawyers will testify “a slew of appeals”confirms criminal law expert Michael Meltsner, interviewed by AFP.
During these pre-trial hearings, Donald Trump’s defense could return to the charges of election violations. If successful, the charges maintained would relate to the falsification of accounting documents, which would be a first victory for the former president and could delay the opening of the trial, notes Politico. The defense could also return to the qualification of “accounting documents”. For the prosecution, these are documents related to Donald Trump’s organizations, but his lawyers could dispute this argument. They could press the fact that these were Donald Trump’s personal dealings.
The defense could also try to delay the start of the trial by asking for a relocation, the resumption of the case by a federal court or by negotiating at length on the security measures taken for the appearances of Donald Trump in court, continues Politico *. The lawyers of the former president must obtain access to all the constituent elements of the file in May. His defense can then file motions until August 8, then the prosecution can respond before September 19. The judge will rule on these requests during a hearing on December 4, specifies CNN *. Finally, the other investigations targeting Donald Trump could also affect the trial schedule.
* Links marked with an asterisk refer to articles in English.