The $130,000 payment to star Stormy Daniels during Trump's 2016 campaign is the subject of the investigation. Former US president Donald Trump might face charges in New York as early as this week for allegedly concealing payments to a porn star during his 2016 campaign.
The focus of the investigation into the former president is a $130,000 payment made to porn star Stormy Daniels by Michael Cohen, Trump's longtime personal lawyer, and fixer, in the closing weeks of his 2016 campaign.
Stormy Daniels, who is she?
American adult film actress Daniels, Stephanie Clifford, has received much media attention lately. When it was discovered that Cohen had paid her to be silent about an alleged sexual encounter with Trump in 2006, she initially gained notoriety in 2018.
A legal dispute between Daniels and the president's team was precipitated by the publicity surrounding the alleged affair and the alleged hush money payment that followed it. Daniels filed a lawsuit to get the nondisclosure agreement (NDA) revoked, asserting that since Trump did not sign it, it is not enforceable.
Daniels has become an outspoken opponent of the former president and his administration despite efforts to keep the topic secret. In addition to bringing attention to problems like campaign finance irregularities and the use of NDAs to hush sexual assault victims, she has persisted in speaking out about her claimed meeting with Trump.
The single mother is still a divisive figure in American politics and culture.
What happened in the case?
When she spoke with the magazine In Touch Weekly, Daniels initially talked about her alleged affair with Trump in 2011.
She met Trump in July 2006 at a charity golf outing. The two allegedly had intercourse in his hotel room at Lake Tahoe, a popular vacation spot between California and Nevada. "He didn't appear to be concerned. When asked if Trump had instructed her to remain silent about their alleged night out, she replied, "He was arrogant.
According to the CBS News 60 Minutes show, the magazine first decided not to publish the article in response to the legal threats of Trump's attorney, Cohen. The magazine eventually published the article in 2018, weeks before Daniels revealed to 60 Minutes that she had received threats soon after agreeing to speak with the publication in 2011.
A month before the 2016 election, she claimed to have accepted Cohen's offer of $130,000 in "hush money" because she feared for her family's safety. In addition to other offenses, Cohen entered a guilty plea in 2018 to campaign finance violations related to his role in organizing the payments to Daniels and another woman. He claimed that Trump gave him the order to pay.
According to Cohen's attorney, Lanny Davis, he appeared before the grand jury first on March 13 and again on March 15. Grand jury hearings are private. The payments were falsely reported as being for legal services, federal authorities who charged Cohen claimed in court documents.
Alvin Bragg, the district attorney for Manhattan, reportedly showed evidence of the $130,000 payment to Daniels before a grand jury in New York in return for her quiet on an inappropriate relationship.
How did Trump react to that?
Trump has denied the relationship, and his attorney has charged Daniels with extortion. Additionally, he claims that elected Democrat Bragg targeted him for political reasons, and he may try to have the charges dropped on that basis.
Trump may also pursue other options, some of which would create complex legal challenges that take considerable time to overcome.
What stage are the investigations in?
Daniels is willing to testify and met with Manhattan prosecutors looking into the payment, according to a tweet from her attorney, Clark Brewster, on March 15. "Helping me in our continuous fight for truth and justice," Daniels thanked him in a tweet.
The most likely charges against Trump, according to The New York Times, which cited sources, would be for fabricating company documents, which is normally a misdemeanor.
Prosecutors must demonstrate that Trump fabricated documents to hide a second crime to convert that charge to a felony. The Times reports that prosecutors might claim that the payment broke state campaign finance laws because it essentially constituted an unauthorized covert donation to advance his candidature.
Experts warned that using state election law to strengthen an allegation of fraudulent business records is an unproven legal theory, and Trump's attorneys would surely contest it.
Trump might also question whether the statute of limitations, in this case, five years, should have expired. The statute of limitations might be extended under New York law if the defendant has been out of the state, but Trump may contend that his position as president of the United States should not apply.
What might occur next?
Trump would soon be required to fly to the district attorney's office in downtown New York to turn himself in if he were to be charged. In white-collar cases, the defendant's attorneys and the prosecution usually agree on a day and time before making an arrest.
Trump would appear in court for his arraignment after having his fingerprints and mugshot taken. According to analysts, he would be freed on his recognizance and permitted to return home.
Joseph Tacopina, Trump's attorney, stated to CNBC on March 17 that if charged, Trump would turn himself in. Prosecutors may try to deport Trump from Florida, where he resides if he refuses to enter the country freely.
If he were charged, Trump would be the first former US president to go to trial. Polls place him ahead of other potential Republican challengers, including Florida Governor Ron DeSantis, who is widely anticipated to run for president.
Since Trump's case is so out of the ordinary, it typically takes more than a year for a criminal case in New York to go from indictment to trial. Because of this, Trump may have to go to trial during the 2024 election cycle or perhaps after. He wouldn't be able to forgive himself of state accusations if elected.
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