Madison Kwiecinski – Editor-in-Chief 

Mvk5945@psu.edu 

Former President Donald Trump, who has already announced his plan to run for the office again in 2024, will likely be indicted in New York this week for hush-money payments he made during his presidential campaign. If the indictment is issued, this would be an unprecedented moment in American history, as it would be the first criminal case ever brought against a U.S. President. 

An Indictment would have interesting ramifications in the future, possibly further dividing the Republican party, a party already very divided over whether the former President has their support to begin with. Trump has denied any wrongdoing in these allegations, and condemned the Manhattan District Attorney’s actions as politically motivated. 

A grand jury has been investigating a payment Trump made in 2016 for $130,000 to a porn actress, Stormy Daniels, in order to stop her from going public about a sexual encounter the two of them had shared several years earlier. Trump’s lawyer, Michael Cohen, paid Daniels through a shell company and was then reimbursed by Trump. The Trump Organization then sanctioned the reimbursement payments as legal expenses. 

According to federal prosecutors who filed criminal charges in 2018 against Cohen for these payments, Trump’s company ‘grossed up’ the payment that was sent to Cohen in order to avoid paying taxes. According to AP, “In all, Cohen got $360,000 plus a $60,000 bonus, for a total of $420,000.” 

Cohen pleaded guilty to the violation of federal campaign finance law due to the above mentioned charges. The prosecutors said that the payments equated to illegal and unreported assistance to the Trump campaign, but did not file charges against President Trump at the time. 

The possibility of Trump facing criminal charges stems from violating New York state law, but federal violations. Manhattan District Attorney Alvin Bragg is currently investigating Trump’s previous actions. 

A Grand Jury was instituted in NY to determine whether Trump would face charges. Grand Juries exist as a part of the legal system in many states, and do not have the power to issue a verdict, but instead simply determine whether there is enough evidence against someone to issue charges and hold a trial. 

The Grand Jury hears an abundance of testimony and evidence to determine whether indictment should follow. Trump was offered the opportunity to testify, but his lawyer stated he had no plans to participate. 

Trump has also taken an interesting and perhaps cavalier approach to these charges, stating he believes they may help him to win the 2024 election campaign. Longtime Trump supporter Lindsey Graham stated Saturday that the NY District Attorney “has done more to help Donald Trump get elected.” 

DeSantis, a former Trump ally who will likely be running against him for the Republican nomination in 2024, said the DA’s actions are “entirely wrong” and politically motivated before taking this moment to take a jab at his opponent. 

DeSantis then said he personally does not “know what goes into paying hush money to a porn star to secure silence over some kind of alleged affair,” making a subtle but noticeable attack on the former President. 

Trump is also still facing the possibility of charges from several separate instances outside of NY. The Justice Department is still investigating Trump taking classified documents to Mar-a-Lago as well as investigating the Jan. 6 insurrection that resulted from Trump’s false claims the election was stolen. A Grand Jury was also convened in Georgia to investigate Trump’s role in interfering with the 2020 election in which a report stated the jurors believed “one or more witnesses” committed perjury and urged local prosecutors to bring on charges. 

Over this past weekend Trump declared on social media that he expected to be taken into custody on Tuesday, and urged those who support him to come and protest his arrest. No public announcement with any kind of timeline for Trump’s charges has been released, and currently it is unclear why he assumes it would have been Tuesday. 

Regardless, NY has been filled with protestors following Trump’s orders. Law enforcement has been working tirelessly to prepare for the protests, setting up barriers around the area Trump may face charges. 

“There is a great likelihood that he will self-surrender, which means you won’t see a 5 a..m. knock on Mar-a-Lago’s door, officers swarming his house and arresting him and bringing him out in handcuffs,” said Anna Cominsky, a New York Law School professor and former criminal defense lawyer.” “He would appear at the prosecutor’s office voluntarily and then be processed, fingerprinted, and his picture taken.” 

Cominsky’s comments above are meant to address the idea that Trump likely will not be arrested in the typical spectacle of a way people are expecting. His lawyers will likely work out a deal for him voluntarily, rather than allowing photographs of him in handcuffs to be released to the press. 

After indictment, Trump’s arraignment would take place two days later. The arraignment is where the Judge will list his charges and ask which way he pleads to them, a trial Trump would have to be present for. 

When discussing the arraignment, Cominky stated, “He doesn’t shy away from chaos, so he may want to use this to his advantage.” 

Regardless, in the upcoming days citizens should expect some chaos on the political field and for these charges to be continuously brought up throughout the next election season.