The lawyer says that Trump will not accept a plea deal and will file legal challenges
Donald Trump in the Wild: The Case against Joe Biden, the Witch-Hunt, and the Whetstone of the United States
The charges that someone is indicted on are usually kept under wraps until the person is in court. The charges that the grand jury approved against Trump are currently not public.
The long-running investigation first began under Bragg’s predecessor, Cy Vance, when Trump was in office. It relates to a $130,000 payment made by Trump’s then-personal attorney Michael Cohen to Daniels in late October 2016, days before the 2016 presidential election, to silence her from going public about an alleged affair with Trump a decade earlier. Trump has denied the affair.
The decision will send waves through the American political system and make it impossible for an ex-leader to run again for president after being indicted on criminal charges.
The various investigations surrounding Trump have made him a victim of the probes in order to sway the public opinion on them. As the indictment reportedly neared, Trump encouraged his supporters to protest, just as he urged them to take action to overturn his loss in the 2020 election.
“I believe this Witch-Hunt will backfire massively on Joe Biden,” the former president said. “The American people realize exactly what the Radical Left Democrats are doing here. Everyone can see it. We will defeat the Democrats and then Joe Biden, and then we will throw the Democrats out of office so we can make America great again.
All of this sounds painfully obvious. Criminal defense lawyers usually respond to indictments with the same words: “My client looks forward to vindicating himself in court” or “My client is pleased the public is armed itself.” The legal processes of America have been placed under immense strain by Trump and his movement.
The person who spoke directly with Trump said that the former president was not prepared for the grand jury to indict him.
Trump will have to go through certain processes that any other defendant must go through when a charge has been brought against him. But his status as a former president who is currently running again for the Republican presidential nomination in 2024 will undoubtedly inject additional security and practical concerns around the next steps in his case.
Trump has long avoided legal consequences in his personal, professional and political lives. He has settled a number of private civil lawsuits through the years and paid his way out of disputes concerning the Trump Organization, his namesake company. The Senate did not convict the president when he was impeached by the House.
Trump’s Republican allies as well as his 2024 GOP rivals have denounced the Manhattan districtattorney’s office over the impending indictment and House Speaker Kevin McCarthy has promised to investigate the matter.
The House Judiciary Chairman, Jim Jordan of Ohio, is one of the Republican committee chairmen who wants Bragg to testify before Congress.
Sen. Ted Cruz, a Texas Republican, called the indictment “completely unprecedented” and said it is “a catastrophic escalation in the weaponization of the justice system.”
“We have a judge. There are jurors. There is appeals. So I think in the end, justice will be done. If he’s guilty it will show up. I think there will be shown if that is not shown.
The Trump Organization, Cohen’s Prosecutive Account, and the Preliminary Hearing on Donald Trump’s Charges at the New York City Jail
According to court filings in Cohen’s federal prosecution, the Trump Organization gave him a bonus and payments of $420,000 to cover his tax liabilities and $130,000 to stay silent about alleged affairs with Donald Trump. The Trump Organization noted the reimbursements as a legal expense in its internal books. Trump has denied knowledge of the payment.
Editor’s Note: Jennifer Rodgers is a former federal prosecutor, adjunct professor of clinical law at New York University School of Law, lecturer-in-law at Columbia Law School and a CNN legal analyst. The opinions are of her own. Read more about it at CNN.
It should be obvious that no one is above the law and that Trump should be held accountable for what he does in the way that any other person would be. These charges represent the first step toward accountability, but the journey will be long and winding.
It’s no secret that Trump knows how to use the legal system to delay and evade consequences. It is certain that Trump will fight the Manhattan charges, given that it is one of the most perilous situations he has ever faced.
Of course, running a campaign while facing charges will be politically and logistically challenging, to say the least. The assigned judge, who controls the case calendar, is unlikely to grant a lot of delays for election related activity, even if it was in the best interests of the case.
And if Trump is convicted and sentenced to prison before the election (or after winning it but before he takes office), his inability to fulfill the duties of the office may prompt efforts to remove him. If Trump chooses to continue as a candidate, then so be it.
Once Trump has been arrested, he will be brought to court to face the charges. During that hearing, the court will address issues like bail and the setting of a preliminary hearing date, if necessary, to determine whether prosecutors have amassed enough evidence to move forward to trial.
Trump will “absolutely” voluntarily surrender to Manhattan law enforcement, the defense attorney said, adding the former president is “not going to hole up in Mar-a-Lago.”
The Case of the Former President, Donald Trump, in the Early Stages of Public Prosecusional Investigations Including a Case Study of a Law-Dependence Scenario
The prosecutors have to reveal some evidence in order to make a case for the case and help the Trump team evaluate it. On the other hand, the benefit of that sneak peek is limited, because prosecutors must only present enough evidence to meet the relatively low legal threshold, which they can likely do without revealing much of the non-public evidence that has been collected.
The former president may prefer to go on the offensive immediately in order to gain a strategic advantage and shape the case. For example, Trump could assert a long list of arguments and substantive defenses as the litigation proceeds that may extend the runway to trial.
The jury can determine whether or not a claim like the suggestion that the then presidential candidate paid Daniels to stay quiet is true in a court of law, without having to go through the trial process.
But some issues may generate the need for judicial scrutiny, like Trump’s expected allegations of prosecutorial misconduct and selective prosecution, Trump’s possible reliance on an advice of counsel defense and Trump’s likely legal challenges to the prosecutor’s theory of the case.
Trump’s scorched-earth approach very well may involve filing separate legal challenges, as happened when the Justice Department conducted its search of Mar-a-Lago for classified documents last year and Trump asked for a special master to screen any seized documents.
The move was unsuccessful and put the investigation back for months while the special master reviewed documents before the court reversed Cannon’s ruling.
Public proceedings tend to be the first appearances. In some cases, arrangements are made with defendants or their lawyers for a self-surrender – or voluntarily turning themselves in – to law enforcement.
Trump will likely be allowed to turn himself in voluntarily, and multiple sources told CNN the former president is expected to appear in court Tuesday for his arraignment.
After the 2020 election, for example, he attempted to force both unjust substance and unjust process on the American public. His legal arguments for changing the election were thrown out in every court that heard them. After being frustrated by the courts, Trump’s mob went to the Capitol and took the legal process away. They refused, until cleared out by force, to respect the substance or the process of American law.
Regardless of whether or not the case is weak, it is clear that Trump’s obligations are clear. He can make a public dispute of the charges. That is his right. The court system is the ultimate avenue to contesting the district attorney’s claims.
Trump and his supporters want his supporters to reject the rule of law, root and branch. The charges are seen unseen. Just like with the election challenge, there is only one accepted outcome, and that is Trump winning. Anything else is taken as proof of the decline and fall of American democracy. After January 6, we know that some Americans will take matters into their own hands if you tell them that the country is going to be destroyed.
Donald Trump does plan to file legal challenges to the indictment, his attorney said, but he won’t accept a plea deal.
It is not certain if it will make it to trial because of substantial legal challenges that we have to resolve prior to that point.
Meanwhile, Trump attorney Jim Trusty said Friday he expects that the former president’s legal team will file motions to dismiss his indictment before a trial could potentially get underway.
In a very short time, you’ll see a few motions to dismiss, talking about the impossible theory of stacking a federal crime into a state crime and the intent to defraud. That’s a part of the false record keeping charges. That’s just not present here,” Trusty told CNN This Morning.
According to the CNN report, Trump has been charged with more than 30 counts related to business fraud, however, it’s not known what the nature of the charges are, but if it’s correct, they have taken each transaction.