Your Questions About Trump’s Indictment Answered

Perhaps the strongest evidence of such a connection to politics is the timing: After months of requests, the money was wired to Daniels’ lawyer on October 27, 2016, just days before the election. 2016 presidential election.

What are the possible holes in the prosecution case?

It’s hard to assess the case against Trump without knowing the exact charges or all the evidence prosecutors gathered during an investigation that spanned more than four years. But based on publicly available information, legal experts have identified several features of the case that could present hurdles as prosecutors seek a guilty verdict.

For starters, Cohen isn’t the strongest possible witness for prosecutors. He provided much of the evidence and testimony needed to bring the case, which investigators went to great lengths to authenticate. But his credibility is questionable as he pleaded guilty in 2018 to nine felonies and was sentenced to three years in federal prison. He has also repeatedly expressed extreme bitterness toward Trump, even airing a podcast he titled “Mea Culpa,” an allusion to his regret for his time as Trump’s ally.

The case also dates from 2016 and 2017, so it is more than five years old. Some of the delay can be easily explained — bringing a criminal case against Trump while he was in office would have been difficult and possibly impossible. But it has been more than two years now since Trump left the White House.

Trump could argue that prosecutors waited too long. New York’s statute of limitations for most crimes is five years, but there are a few exceptions to that time frame, including if the accused person lived out of state.

Another potential difficulty: Prosecutors may have to prove that Trump knew the arrangement was illegal. Trump could argue that he correctly assumed that Cohen, as an attorney, was executing the payments and related documents in a legal manner.

Will Trump stay free? Can he campaign while under indictment?

That will be up to the state court judge handling Trump’s case, but it seems unlikely that prosecutors will seek to detain the former president or restrict his travel to the United States while the case is pending. Nothing legally prevents him from continuing his presidential campaign while facing criminal charges – or even if he is imprisoned.

If Trump wins the presidency while facing charges or a conviction, the legalities become considerably murkier. There are serious constitutional questions about whether a state court could bar someone elected to federal office from serving.

How will the indictment affect other ongoing investigations focused on Trump?

The short answer is: not a lot. There’s no reason to think the indictment in Manhattan will influence the trajectory of several other investigations that pose an acute risk of criminal prosecution against Trump. A grand jury in Fulton County, Georgia is reviewing his attempt to overturn the state’s election results, and federally, special counsel Jack Smith is leading twin investigations into Trump’s role in the attack on the January 6, 2021 against the Capitol and its retention of government records after its presidency.

Officially, a federal criminal case against Trump — if filed — would allow federal prosecutors to override any case or local case.

Simultaneous criminal charges against Trump would inevitably cause logistical problems, but usually federal and local prosecutors try to resolve any conflicts.

How long will it take for Trump to be brought to justice?

It will, of necessity, take many months to begin the trial of a former President of the United States. Although both sides were eager to move quickly to trial, the resolution of legal and constitutional issues would likely stretch into the next year and into the 2024 primary season.

Add to that Trump’s penchant — in nearly every legal case he’s involved in — to seek to delay and prolong proceedings whenever possible.

Trump’s lawyers could try to take the case to federal court, arguing that at least some of the payments to Cohen occurred while Trump was president and therefore a state court should not have the power to solve the case. Trump may also seek to move the trial to another courthouse elsewhere in New York state. And he could try to have the indictment dismissed or reduced. All of these pre-trial motions will take time to resolve.

A criminal tax case filed by the Manhattan District Attorney’s Office against the Trump Organization in the same court in 2021 took about 15 months to go to trial. A jury convicted two Trump companies on all 17 felony counts last December. The issues in the new case are narrower, but the focus on Trump personally seems certain to drag things out.