Donald Trump's lawyers have vowed to fight his indictment. Here's what happens next

No former or sitting US president has ever faced criminal charges before.

A mean wearing a suit and tie who is speaking.

The former US president denies having an affair with porn star Stormy Daniels. Source: Getty / The Washington Post

Key Points
  • A New York grand jury indicted Donald Trump on Thursday.
  • The charges arise from an investigation into hush money Mr Trump allegedly paid to porn star Stormy Daniels.
  • Mr Trump says he's "completely innocent."
Donald Trump has been indicted by a Manhattan grand jury after a probe into hush money he allegedly paid to porn star Stormy Daniels, becoming the first former US president to face criminal charges even as he makes another run for the White House.

The charges, arising from an investigation led by Democratic Manhattan District Attorney Alvin Bragg, could reshape the 2024 presidential race. Mr Trump previously said he would continue campaigning for the Republican Party's nomination if charged with a crime.

In a statement, Mr Trump said he was "completely innocent."

"This is political persecution and election interference at the highest level in history," he said, providing no evidence.
Here's what is expected to happen next:

What criminal charges is Donald Trump expected to face?

The specific charges are not yet known and the indictment will likely be unsealed by a judge in the coming days.

Mr Trump will have to travel to Manhattan for fingerprinting and other processing at that point.

His lawyers Susan Necheles and Joseph Tacopina said they will "vigorously fight" the charges. Ms Bragg's office did not immediately respond to requests for comment.

The Manhattan investigation is one of several legal challenges facing Mr Trump, and the charges could hurt his presidential comeback attempt.

The White House declined to comment.
Stormy Daniels appears at the Wicked Pictures booth at the 2017 AVN Adult Entertainment Expo at the Hard Rock Hotel & Casino on January 18, 2017 in Las Vegas.
Stormy Daniels says she had an affair with Donald Trump in 2006. Source: Getty / Getty Images

Will Donald Trump be required to surrender?

Mr Bragg said his office had been in touch with Mr Trump's attorneys to "coordinate his surrender" for arraignment in New York at a future date.

At an arraignment, a defendant is presented with the charges facing them and generally enters a plea.

A judge then decides whether they should be released on bail or taken into custody.

What about extradition?

Mr Trump could refuse to surrender to the New York authorities, forcing them to seek his extradition from his Florida residence.

Florida Governor Ron DeSantis, a potential rival of Mr Trump for the 2024 Republican presidential nomination, said that his state would "not assist in an extradition request."

Legal experts said any attempt to fight extradition would at best result in a delay and Mr Trump would eventually have to appear in New York to face the charges.

What are the next judicial steps in Trump's case?

Once Mr Trump is arraigned and enters a plea, there will be a series of preliminary court hearings to set a date for a trial and decide on witnesses and evidence.

A defendant can avoid going to trial by entering into a plea agreement with prosecutors, in exchange for a lighter sentence, for example.

Given Mr Trump's proclamations of innocence that is unlikely.

What is the case about?

Mr Bragg's office last year won the criminal conviction of the businessman-turned-politician's real estate company.

The grand jury convened by Mr Bragg in January began hearing evidence about Mr Trump's role in days before the 2016 presidential election that he ended up winning. Ms Daniels, a well-known adult film actress and director whose real name is Stephanie Clifford, has said she received the money in exchange for keeping silent about a sexual encounter she had with Mr Trump in 2006.

Ms Daniels has said she had a sexual encounter with Mr Trump at a Lake Tahoe hotel in 2006, the year after he married his current wife Melania and more than a decade before the businessman-turned-politician became president.

The US Supreme Court in 2021 rejected her bid to revive a defamation lawsuit she brought against Mr Trump over a Twitter post in which he accused her of a "con job" after she described being threatened over publicising her account of a sexual relationship with him. Lower courts had thrown out her suit.
No former or sitting US president has ever faced criminal charges. Mr Trump also faces two criminal investigations by a special counsel appointed by US Attorney General Merrick Garland and one by a local prosecutor in Georgia.

He leads his early rivals for his party's nomination, holding the support of 44 per cent of Republicans in a March Reuters/Ipsos poll, compared with 30 per cent support for his nearest rival, Florida Governor Ron DeSantis, who has yet to announce his candidacy. Mr Biden is expected to seek re-election.

Mr Trump on 18 March urged his supporters to protest to "take our nation back" ahead of an expected indictment, recalling his exhortations ahead of the .

Could the indictment impact Trump's 2024 White House candidacy?

Mr Trump can — and undoubtedly will — pursue his 2024 White House campaign despite facing criminal charges.

Nothing in the Constitution prevents someone from running for president while facing charges, and even a conviction would not bar them from the nation's highest office.

The 14th Amendment does prohibit anyone who has "engaged in insurrection or rebellion" from holding elected office.

The House of Representatives impeached Mr Trump for "incitement of insurrection" for the 6 January attack, but he was acquitted by the Senate.

A special counsel is currently looking into Mr Trump's role in the incident and the former president could still potentially face charges on that front.

- With AFP

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5 min read
Published 31 March 2023 8:57am
Updated 31 March 2023 2:06pm
Source: AAP



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