Is a Trump indictment happening? Here’s what we know.
Trump would become the first former president in U.S. history to be criminally indicted.
After weeks of speculation surrounding multiple grand jury cases, a possible indictment for former president Donald Trump appears to be nearing. The timing is unclear. Now, Trump has taken to his own social media platform, Truth Social, to suggest an arrest could be imminent. Still, a lot of questions remain.
The potential charges from a Manhattan grand jury are related to a 2016 hush-money payment made to adult film actress Stormy Daniels. The chain of events is unprecedented and would mark the first time a former president has been indicted for a crime.
Here’s what we know.
What do we know about the indictment Trump referenced?
Not much. The charges in the New York case are expected to be related to falsified business records connected to an alleged affair Trump had with Daniels.
Trump’s former lawyer, Michael Cohen, paid Daniels $130,000 during the 2016 presidential campaign in exchange for her keeping quiet. Trump paid Cohen back through the Trump Organization and labeled the charges as “legal fees” after he was in the White House.
As noted by The New York Times, there has been a string of signs that charges could be on the way. Prosecutors gave Trump the chance to testify, a right for people facing indictment. They have also questioned key players in the hush-money episode in front of a grand jury.
Has a U.S. president ever been indicted?
In the more than 240 years since America was founded, no president or former president has been criminally indicted. That’s not to say they were perfect darlings, either.
As noted by The Wall Street Journal, a number of committed offenses ranged in severity from impeachments to President Ulysses S. Grant being a notorious speed demon on his horse and carriage.
In 1868, President Andrew Johnson was impeached for his post-Civil War policies. In 1974, President Richard Nixon was infamously named an unindicted co-conspirator in the Watergate scandal. Nixon was never charged with a crime and resigned before an impeachment process could be finished. President Bill Clinton was impeached by the U.S. House in 1998 for perjury and obstruction of justice regarding his attempts to cover up his relationship with former White House intern Monica Lewinsky. Clinton was cleared in a Senate trial.
Trump was twice impeached by the U.S. House, but acquitted in both Senate trials.
What has Trump said about a potential indictment?
Trump denies wrongdoing, as well as the affair with Daniels.
He’s made repeated claims that Manhattan District Attorney Alvin Bragg is politically biased against him. For months, Trump has called Bragg, who is Black, “racist.” Bragg won a conviction for tax fraud against the Trump Organization last year. He didn’t charge Trump personally in that case.
Trump’s also skipping a few steps, going as far as referencing his “arrest” on social media, before an indictment has been returned. In his Truth Social post, he also called on his supporters to “protest.” Some Republicans have pushed back and urged calm.
“I don’t think people should protest this, no,” Speaker of the House Kevin McCarthy told reporters on Sunday. “And I think President Trump, if you talk to him, he doesn’t believe that, either.”
What’s the difference between an indictment and an arrest?
An indictment is when a grand jury returns charges against someone suspected of committing a crime.
An arrest happens after an indictment has been issued. The state of New York defines an arrest as when police officers “take a person into custody on probable cause with or without a warrant.”
In certain white-collar crimes, prosecutors may offer the defendant the chance to turn themselves in to police voluntarily for processing, avoiding handcuffs and an embarrassing “perp walk.” It’s expected that Trump would be afforded this opportunity if he is indicted by the Manhattan grand jury.
Is this different from the potential voter fraud indictment we heard about earlier?
Yes. Last month, reports from a special grand jury looking into allegations that Trump interfered with the 2020 presidential election in Georgia suggested an indictment could be imminent. Trump remains under investigation in Georgia, meaning Manhattan charges could be just the beginning in a potential series.
A Georgia judge released limited excerpts from a report outlining the investigation’s conclusions. But the excerpts did not reveal if anyone would be charged with a crime. One line said that the grand jury “believes that perjury may have been committed by one or more of the witnesses testifying before it.”
To date, Trump faces more than a dozen investigations, both criminal and civil, which include his handling of classified documents and his role in the Jan. 6, 2021, insurrection.
What happens if Trump is indicted?
If the grand jury votes to indict Trump, he would have to surrender or be extradited. Trump’s attorney has suggested that he would voluntarily surrender.
But if he doesn’t and remains at his Mar-a-Lago home, his extradition would need to be approved by either a judge or Florida Gov. Ron DeSantis, considered a main rival for the 2024 Republican presidential nomination despite not yet officially announcing a run.
Trump would likely experience the type of routine steps as other defendants, including fingerprinting. But as a former president, he may also experience some exceptions, the Times noted.
For instance, while waiting to plead guilty or not guilty to the court, it’s possible Trump would be held in a private and more secure room. Once he’s arraigned, Trump would likely be released without any time behind bars. In New York, people indicted on non-violent felony charges are released on their own recognizance and without bail unless they’re considered a flight risk.
Police officials have been planning for how to handle security in the event of Trump’s indictment, the Times reported Monday, including contingencies for protests and security details for Bragg.
As for what an indictment would mean politically, even if ultimately convicted, Trump could still run for president and serve, according to legal experts. If Trump became a convicted felon, he wouldn’t be able to vote for himself or in general during future races.
When would an indictment or arrest happen?
We don’t know. Details are not public and investigations are ongoing.
For the New York case, at least one more witness was expected to testify Monday, The New York Times reported. And typically, even when indictments happen, it doesn’t guarantee an immediate arrest because of logistics, including scheduling.
Despite Trump’s social media post mentioning he would be “arrested on Tuesday,” it’s unclear how he landed on that day. A spokesperson did not explain the former president’s methodology.