The US Department of Justice’s longstanding policy prohibits federal prosecutions of incumbent presidents, but Donald Trump has been out of office for two years, so he no longer enjoys this legal shield.
Theo APAnother important point is that the New York case is not a federal investigation anyway.
The decision on whether to prosecute former President Donald Trump in connection with allegations of paying money to silence adult movie star Stormy Daniels is in the hands of a Manhattan grand jury who has heard the following evidence. The door was closed for weeks.
What is a grand jury?
A grand jury consists of people chosen from the community, similar to a trial jury, but different in that a grand jury does not decide whether someone is guilty or innocent.
The grand jury only decides if there is enough evidence to convict someone. This structure exists in the US federal court system and in many states.
The prosecution of Mr Trump would be unprecedented in US history – the first criminal case against a former president.
The grand jury in New York City has 23 people, at least 16 must be present to hear the evidence or discuss. 12 people must agree that there is enough evidence to prosecute.
The grand jury may also find there isn’t enough evidence or ask the prosecutor to bring lighter charges.
Why can Trump be prosecuted?
Mr. Trump is suspected of being involved in the payment of $ 130,000 to Daniels in 2016, the final stage of the presidential campaign of the same year, in exchange for her silence. Earlier, Daniels accused Mr. Trump of having an affair with her.
Michael Cohen, Trump’s former personal lawyer, said the former president directed him to spend the money. Later, this money was declared as attorney’s fees, again related to the tax evasion of Mr. Trump’s company.
Manhattan District Attorney Alvin Bragg is investigating whether Trump or anyone else was guilty of arranging these deals in New York state.
Has the former US president been indicted?
The answer is yes”!
Longstanding US Justice Department policy prohibits federal prosecutions of incumbent presidents, but former President Donald Trump – who has been out of office for two years – no longer enjoys this legal shield.
Barriers were erected around the Manhattan courthouse on March 20. Photo: Archyde.com
Theo Archyde.com, Prosecutor Alvin Bragg indicted the Trump Organization for tax fraud in December 2022. However, legal analysts say the case may be more difficult this time around. Mr. Bragg’s office would have to prove Mr. Trump had criminal intent, and his lawyers would also counterattack.
Will Trump be handcuffed?
Once indicted, Mr. Trump will have to leave his Mar-a-Lago resort in Florida to appear in court in New York. Mr. Trump will have to register his identity, have his fingerprints taken and take a photo.
Anna Cominsky, a professor at the New York School of Law, speculated that the former president’s legal team would find a way to reach an agreement with the prosecutor’s office to avoid him being led away in handcuffs.
“There’s a good chance he’ll show himself at the prosecutor’s office. So you don’t see officers knocking on his door at Mar-a-Lago at 5 a.m., then flooding into the house and arresting him. He led him in handcuffs,” said Anna Cominsky.
After the indictment is filed, the details of the trial will be revealed, such as the time it is held, the request for bail with Mr.