On 30 March 2023 a New York grand jury voted to indict Donald Trump, the first former US president to be charged with a crime. What is known as of 3 April and what happens next.
On 30 March 2023, a New York grand jury voted to indict former US president Donald Trump, as confirmed by the Manhattan district attorney’s office. It is the first time a former US president has been charged with a crime. As of 3 April, the specific charges are not known, because the indictment remains under seal.
What is known
In the US justice system, a grand jury is a group of citizens who examine the prosecution’s evidence and decide whether there is enough basis to charge someone formally. It does not decide whether the person is guilty: that is for a trial, if there is one.
The investigation, led by Manhattan district attorney Alvin Bragg, centres on a $130,000 payment that Michael Cohen, then Trump’s lawyer, made before the 2016 election to the adult-film actress Stormy Daniels (Stephanie Clifford) so that she would not talk about an alleged sexual encounter in 2006. Trump’s company reimbursed Cohen and recorded the reimbursement in its books as a legal expense. Trump denies the encounter and any wrongdoing.
Falsifying business records is usually a misdemeanour in New York, but it can be treated as a felony if done to conceal another crime. According to the US press, prosecutors had focused on a count of falsifying records, punishable by up to four years in prison, but the district attorney’s office has not confirmed what the charges are.
The district attorney’s office said it had contacted Trump’s lawyer to coordinate his surrender and would give instructions once the date of the appearance was set. Trump, who lives in Florida, was due to appear on Tuesday 4 April before Judge Juan Merchan in Manhattan, where the charges are read and the defendant says whether he pleads guilty or not guilty. His lawyers, Joe Tacopina and Susan Necheles, said he committed no crime and that they would fight the case in court. Trump himself described the case as political persecution and election interference.
Reactions and political context
The indictment comes with Trump already in the 2024 presidential race; asked this month whether he would withdraw, he said no. The US Constitution requires only that a president be at least 35 years old, a natural-born citizen and resident in the country for 14 years; it does not stop someone who has been charged with a crime from standing.
Several Republicans criticised the indictment: House Speaker Kevin McCarthy said the House would hold the prosecutor to account; Florida governor Ron DeSantis called it un-American, and former vice-president Mike Pence spoke of an outrage. Senate Democratic leader Chuck Schumer stressed that Trump is subject to the same laws as any American. The White House referred questions to the Democratic National Committee.
It is not Trump’s only legal front. In Georgia, Fulton County district attorney Fani Willis is investigating attempts to alter the result of the 2020 election in that state, and at federal level special counsel Jack Smith is overseeing the investigations into the 6 January 2021 attack on the Capitol and into the handling of official documents. As of 3 April, neither has led to an indictment.
After the appearance, the case enters a process with its own timetable: defence and prosecution may file motions before any trial, and the presumption of innocence stands until, if it comes to that, there is a verdict. It is worth waiting to know the specific charges before drawing conclusions.
An indictment is not a conviction: what the courts decide will be known in time.
This article is general information. It is not legal, tax or investment advice, and it does not take anyone’s particular circumstances into account.
