Your Questions About Donald Trump's Possible Indictment, Answered

Donald Trump is claiming his arrest is imminent. Among the many open investigations swirling around him, the former president is facing a possible criminal indictment over an alleged “hush money” payment to adult film actor Stormy Daniels during the 2016 presidential campaign. In a post on his social media platform Truth Social on March 18, Trump claimed he would be arrested on March 21. If true, Trump would become the first former president in the nation’s history to be indicted.

A spokesperson for Trump swiftly followed up to clarify. In a statement shared with The New York Times, the spokesperson said Trump did not have insight into the exact timing of his arrest, adding, “President Trump is rightfully highlighting his innocence and the weaponization of our injustice system.”

It is true, however, that Trump is at the center of a years-long investigation led by Manhattan District Attorney Alvin L. Bragg. Earlier in the month, Trump was invited to testify before a grand jury, which was seen as a harbinger that an indictment could be imminent. The invitation from the DA’s office reportedly went unaccepted by Trump, as is often the case.

Trump’s arrest would have significant implications for the politically polarized nation, and there are concerns that demonstrations similar to the insurrection at the US Capitol on Jan. 6, 2021, could follow. It also raises many questions, given that the arrest of a former president is unprecedented. Below, we break down the most pressing questions you might have.

What are the charges Donald Trump could face if he’s indicted?

Bragg’s investigation is looking into whether Trump broke New York law in connection with a payment to Daniels during his 2016 presidential campaign.

Daniels was paid $130,000 to stay silent after claiming to have had a “sexual encounter” with Trump in 2006. (Trump has denied having sex with Daniels and has repeatedly denied any wrongdoing.) In 2018, Michael Cohen, who was Trump’s personal counsel for years, pled guilty to charges related to the payment, including campaign finance violations. Cohen was sentenced to three years in prison, ultimately serving one year and spending the remainder of his sentence on house arrest.

The investigation is now probing whether Trump falsified records and disguised the hush-money payment as a legal fee to Cohen, which would be in violation of Article 175 of New York Penal Law regarding falsified business records. Cohen has claimed Trump personally told him to make the payment to Daniels.

What has Donald Trump said about his possible arrest?

In his post shared to his Truth Social platform on March 18, Trump said, “The far & away leading Republican candidate & former president of the United States of America will be arrested on Tuesday of next week.” He has also called the investigation a “witch hunt” and made unfounded allegations against Bragg and his office.

Would this bar Donald Trump from running for president in 2024?

Following his one-term presidency and subsequent loss to President Biden in 2020, Trump announced his decision late last year to run in the 2024 presidential election. Trump will still be able to participate in the race as planned, even if he is arrested and convicted. He would have only been barred from running again in the future if he had been convicted in either one of his impeachment proceedings.

Will there be protests if Donald Trump is arrested?

Trump explicitly encouraged his followers to protest if he is arrested. “Protest, take our nation back,” he wrote on March 18. As a result, law enforcement is preparing and setting up barricades outside of Manhattan Criminal Court, as well as Trump Tower.

Bragg condemned “attempts to intimidate” his office in an email to colleagues obtained by Politico. “Our law enforcement partners will ensure that any specific or credible threats against the office will be fully investigated and that the proper safeguards are in place so all 1,600 of us have a secure work environment,” the DA wrote. “As with all of our investigations, we will continue to apply the law evenly and fairly.”

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