Payoffs, impeachments, insurrections, mishandling of classified documents. The time has finally come. On April 4, 2023, former President Donald Trump was arraigned on 34 felony charges. He is charged with falsifying business records by preventing the publication of negative information about his relationship with adult film star, Stormy Daniels, also known as Stefanie Clifford and Playboy model, Karen McDougal.
This is the first time in US history that a former president has been indicted by a grand jury. The New York indictment alleged that Trump not only had knowledge of the $130,000 payoff to Daniels, but that he ordered such payment be made to ensure Daniels would remain silent about an extra-marital affair that might obstruct his 2016 presidential campaign bid. Additionally, McDougal was paid $150,000 in hush money at the request of David Pecker, a longtime affiliate of Trump.
So, what does this historic legal moment really mean? An indictment is a formal accusation that a person has committed a crime. But the indictment is not evidence of guilt and will not alone result in a conviction. It is simply a determination that the prosecutor holds enough evidence to justify bringing a defendant to trial based on allegations that the defendant has committed a crime. The indictment identifies that a crime has probably been committed, and that there is evidence that the defendant probably committed the crime.
In addition to the criminal charges pending in New York, the Trump Organization is also under investigation for allegedly misleading lenders about its assets. Criminal allegations are also whirling in the state of Georgia relating to his alleged interference in the state’s 2020 election process. And, if that is not enough, the Department of Justice is also investigating Trump’s interference in the 2020 elections and the January 6th insurrection in addition to a classified documents probe after classified documents were found in his home. Trump may soon be very busy in the courts.
However, don’t start celebrating too soon. An indictment certainly does not mean a conviction. Even though technically a conviction could prevent Trump from voting, that would not prevent him from running for president in 2024. The Constitution actually does not prevent a person who has a criminal record from being president. And a Fox News poll released last month revealed that Trump leads all contenders, by over 30%, as the Republican Presidential Nominee. Additionally, Trump has continued to galvanize his so-called MAGA supporters and convince them that he is being scapegoated on his alternative social media platform TRUTH Social.
While an indictment may cause us to raise a glass, unlike my colleague, JT, I will not be putting on my dancing shoes just yet. ■