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Former US President Donald Trump (76) is due to appear in court in New York on Tuesday after he was charged with a hush money scandal. The criminal proceedings for a payment to a porn actress before the 2016 presidential election are legally complex and have enormous political explosive power.
Blick answers the most important questions:
Before the 2016 presidential election, attorney Michael Cohen, who worked for Trump, paid $130,000 to porn actress Stormy Daniels, who claims to have had sex with Trump in 2006. The payment was intended to prevent the porn star, whose real name is Stephanie Clifford, from going public. That could have hurt Trump in the election campaign, even though the New York real estate entrepreneur has always denied the affair.
Cohen later got the money back from Trump’s family holding company, the Trump Organization. The payments did not become known until early 2018, long after Trump was president.
The charge is still classified, so the charge is not known. One thing is certain: the hush money payment to Stormy Daniels himself was not illegal. However, the Trump Organization has declared the reimbursement to Michael Cohen as legal fees. If this were construed as falsifying company records, it would be a felony punishable by up to one year in prison.
Prosecutors could also argue that the forgery was done to cover up another crime, such as illegal campaign finance. Then it would be a crime punishable by several years in prison.
After the indictment was filed by a so-called grand jury last Thursday, Trump must first appear at the Manhattan prosecutor’s office on Tuesday and then be processed by the identification service. This usually includes fingerprints and possibly police photos, but the ex-president who flew to New York on Monday should not be handcuffed.
In the afternoon local time (8:15 p.m. Swiss time), Trump should then read the indictment in court. The 76-year-old Republican is then asked if he pleads guilty or not guilty. Trump attorney Joe Tacopina has already made it clear that there will be no guilty plea.
Trump wants to fly back to his private residence Mar-a-Lago in Florida on Tuesday. He wants to make a statement there at 2:15 am Swiss time.
After the indictment has been read, there may be lengthy legal disputes before a trial can take place. Trump will likely file a number of appeals to avoid a criminal trial. Should it eventually go to trial, it is currently impossible to predict whether Trump could be found guilty and sentenced to prison.
Many experts wonder how stable the foundation on which the Public Prosecution Service stands is. Trump’s lawyers could argue, among other things, that Michael Cohen, not Trump, was responsible for what happened at the time. They have also long questioned the credibility of Cohen, a key prosecution witness.
The lawyers also claim that the Trump Organization messages in question were internal documents that have no criminal relevance. Linking an alleged falsification of corporate records to a possible violation of campaign laws is also complicated — especially since Trump has never been prosecuted for campaign finance violations. Finally, another question concerns possible statutes of limitations.
Trump wants to retake the White House in the November 2024 presidential election. Candidacy is also possible after indictment and even if convicted.
The political implications of the indictment are difficult to assess. Actually, criminal proceedings are damage to your image that can end a political career. Trump, on the other hand, is trying to exploit the charge politically, presenting himself as the victim of a politically motivated “witch hunt” by President Joe Biden’s Democrats to prevent his return to the White House.
The ex-president has already managed to mobilize millions in campaign donations – and has even persuaded rivals within his party to publicly defend him. (AFP)
Source: Blick
I am Amelia James, a passionate journalist with a deep-rooted interest in current affairs. I have more than five years of experience in the media industry, working both as an author and editor for 24 Instant News. My main focus lies in international news, particularly regional conflicts and political issues around the world.
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