Can Donald Trump, a former president, be indicted?
Yes, although it would be the first time this has happened to a former president, which raises the question of any extraordinary measures. In theory, the majority of the Supreme Court (in Trump v. Vance) has expressed the opinion that the US Constitution does not even prohibit the investigation and implicit indictment of an incumbent president.
If indicted can he continue to run for the White House?
Trump has already said that, if indicted, he would stay in the race. The US constitution does not say that no criminal record is a requirement for the presidency. “He could also win the election and be convicted,” he explains to Courier constitutional lawyer Lawrence Douglas.
Paradoxically, 48 states prohibit citizens who have been convicted from voting, but not from running for office. What are the charges?
The Manhattan District Attorney appears to be indicting Trump on charges he made payments to porn star Stormy Daniels to silence her about an alleged sexual relationship through her former attorney Cohen in violation of her campaign finance rules in 2016 (the New York law prohibits disguising the nature of the expenses, as Trump would have done by calling them “lawyer fees”). His lawyers have not yet received an official notification. Trump denies having any relationship with Stormy Daniels and accuses Attorney Alvin Bragg, a Democrat, of conducting a political operation against him.
Would he be arrested?
The prosecutor should make an appointment. the arrest would be that Trump would have to show up in court and at the police station, his fingerprints and mug shot of him would be taken. But the judge will probably release him on bail immediately. His lawyer Joe Tacopina said the former president would respect the procedures, but the lawyers could request special treatment: for example, to prevent Trump from passing through the main entrance of the Manhattan criminal court or the Manhattan police station, which they have already been pre-alerted to prepare for special security measures, including limits on reporters and on access to the Chamber. An interesting fact: Trump is located in Florida, in Mar-a-Lago. State law provides that the governor is responsible for ensuring that the defendant is arrested and handed over to the state where he is indicted. The governor is Ron DeSantis, Trump’s possible challenger for the Republican nomination for the White House, who has not yet expressed his opinion on the case. Florida law also gives the governor the ability to request a further investigation of the defendant if he refuses extradition.
What happens next?
The case would require the selection of a jury, which could take a long time. Most of the population knows and has an opinion of Donald Trump, defense and prosecutors should question jurors to ensure their impartiality. Jurors could then be “isolated” to prevent them from being exposed to media coverage of the case.
Can the indictment help Trump politically?
Trump once said, “I could shoot someone on Fifth Avenue without losing any voters.” But we don’t know what effect this might have on his electorate
