If this were to happen, it would be unprecedented for a former U.S. president to face criminal charges.
A Manhattan grand jury has recently granted former President Donald Trump permission to testify about his hush money payments to adult film actress Stormy Daniels. This is an indicator that possible criminal charges will be brought.
The Manhattan district attorney’s office reportedly made the offer to Trump’s attorneys, as reported by The New York Times. Alvin Bragg’s office has been investigating the 2016 hush money incident for the past five years.
Going before a grand jury in New York is a precursor to formal charges. If a former U.S. president were ever to be charged with a crime, it would be a historic first.
While it is true that defendants in New York have the right to be questioned by the grand jury, many defendants in the state waive this privilege, so Trump is unlikely to exercise it.
Although paying someone to keep quiet is not unlawful in and of itself, the fact that Daniels’ NDA benefited Trump’s campaign raises the possibility that prosecutors will view the $130,000 paid to Daniels as an illegal contribution to the Trump campaign.
According to the Times, the case against Trump relies on an “untested and thus hazardous legal theory” that encompasses a maze of different regulations.
Michael Cohen, Trump’s lawyer, reportedly paid porn star Stormy Daniels $130,000 toward the close of the 2016 presidential campaign to silence her about her alleged encounter with Trump in 2006. Trump reimbursed Cohen in installments.
The people representing Daniels had contacted the National Enquirer in an attempt to sell them exclusive rights to the story. A publisher with ties to Trump instead connected Daniels’ team with Cohen in an attempt to strike a deal.
Throughout Cohen’s criminal trial, prosecutors claimed the Trump Organization misclassified payments to Stormy Daniels as legal fees. As the money was repaid in private, this may constitute a breach of trust in the company’s books.
Falsifying official business documents is a municipal offense. Trump may have committed a crime if he was attempting to deceive or conceal information.
Both the New York Attorney General’s office and the Fulton County District Attorney in Georgia are looking into Trump’s possible interference in the 2020 election. An investigation into Trump’s handling of confidential materials and his possible involvement in the January 6 rioting is also underway by a federal special counsel.
Nobody knows if Trump faces criminal charges at this time. The ex-president faces the possibility of serving four years in prison if he is proven guilty.