Prosecution of Donald Trump in New York significant person Stormy Daniels
Proceedings
Indictment
The Manhattan grand jury voted to indict Trump on March 30. The indictment was filed with the New York Supreme Court (which is the ordinary trial court for felonies in the state of New York and not the final court of appeal for the state) at the end of the business day on March 30. The charges were under seal until published when Trump was arraigned in the Manhattan Criminal Court. The charges are related to Trump's payment to Stormy Daniels as hush money, which could be considered a violation of campaign finance rules under federal law because it helped his election bid. The payment was listed in his business records as a "legal expense" payable to Michael Cohen, whereas the indictment alleges that the payments to Cohen were really to reimburse Cohen for the earlier, allegedly illicit, payment to Daniels. Falsifying business records is a misdemeanor under New York state law and can be a felony if committed to cover up another crime. This requires the prosecution office to link a crime committed under state law to one committed under federal law.Trial
Unless the case is dismissed, a trial is expected. During the arraignment, possible trial dates were discussed: prosecutors proposed January 2024, but Trump's defense team objected, saying that the trial should be set for later in 2024. On May 23, 2023, Justice Merchan set the trial for March 25, 2024.If the case goes to trial, Michael Cohen is expected to be a key witness. Cohen, Trump's former "fixer" and attorney, pleaded guilty to campaign-finance violations for his payments to Daniels during the 2016 campaign and served prison time; he testified that Trump directed him to pay Daniels during the 2016 campaign. Prosecutors also plan to call Daniels as a witness. On April 12, in a separate legal action, Trump sued Cohen, seeking $500 million in damages for breach of contract.If Trump is convicted, each count for which he is convicted could result in a prison sentence of up to four years, to be served consecutively. The judge could also choose to impose no prison sentence. A conviction would not legally prohibit Trump from continuing his campaign in the 2024 presidential election, nor would he be forbidden from assuming presidency should he win. Trump has also stated in an April 2023 Fox News interview with Tucker Carlson that he would not drop his candidacy in the 2024 U.S. presidential election if he is convicted.