Written by: Awakhiwe Ndlovu
Edited by: Melissa Tan
Donald J. Trump was indicted on March 31st, 2023 after allegedly falsifying business records. The former Republican president faces charges after an alleged cover up scheme involving ex-porn star Stormy Daniels. Days before the 2016 presidential election, Trump's lawyer, per his instructions, reportedly sent hush money payments to Daniels to ensure silence regarding their affair 10 years prior, shortly after Trump married his wife, former First Lady Melania.
Prosecutors purported that the proper business records were not disclosed during Trump's election candidacy review, bringing attention to hidden and false entries regarding payments to Daniels. In addition to paying off Daniels, a doorman of Trump, who disclosed stories about Trump’s alleged affair with another woman and a baby born out of wedlock was allegedly bribed into silence.
The Supreme Court of the State of New York will hear the indictment of The People of the State of New York against Donald J. Trump, and will review the 34 felony counts the former president has been charged with. All charges are related to the act of him falsifying business records, which was in violation of § 175.10, which states that "a person is guilty of falsifying business records in the first degree when he commits the crime of falsifying business records in the second degree, and when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof”. Each of the 34 charges specifies the date and location in which business records were falsified and provides a summary in which had occurred. If found guilty, Trump could face an extended prison sentence, serving a maximum of four years per charge.
On April 4th, 2023, Trump made an appearance in court for his arraignment charges regarding business record fraud. After his indictment and voluntary surrender, he was processed as a defendant which normally requires fingerprints to be taken. However, Trump was deemed “not a flight risk”, and thus avoided having his fingerprints or a mugshot taken. His public court appearance is where charges will be revealed if they are not already publicly known and where the judge will determine bail and any restrictions surrounding the defendant. Notably, bail reform laws were eliminated in 2020 for most misdemeanors and nonviolent felonies, which will most likely allow Trump to avoid having to pay a cent. This was originally combated by many conservative politicians but “the changes will benefit a figure many conservatives have supported: Donald J. Trump.” After the arraignment, Trump will enter pretrial hearings where witnesses are heard and the defense motions to dismiss charges. Since Trump has pleaded not guilty, if the defense motions to have charges dismissed are denied, trial would take place. However, this would take months before it started. This is where Trump would be declared guilty or not guilty and possibly face sentencing.
The former president has made his intentions for reelection in the 2024 presidential campaign. According to Article II, Section 1, Clause 5 of The U.S. Constitution does not disqualify anyone of an intent to run for presidency, regardless if they are a convicted felon or have ever been federally indicted. Despite Trump’s criminal charges, his ability to run for presidency in the coming year may still be possible.
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