The former US president, who denied all allegations and the affair, is to be arraigned on Tuesday.
This is what to expect as Trump becomes the first former POTUS in history to face criminal charges.
Has Trump Landed in New York?
Donald Trump flew to New York from his Mar-a-Lago resort aboard his private red, white and blue Boeing 757, emblazoned with his name in gold letters. He arrived at New York’s LaGuardia airport around 15:30 EST (19:30 GMT) on Monday 3 April, ahead of his arraignment the next day. Heightened security is in place in the city. The 45th president is said to have spent the night at Trump Tower. After the arraignment Trump is expected to leave New York immediately for Florida.
Former US President Donald Trump arrives at Trump Tower in New York on April 3, 2023.
© AFP 2023 / ED JONES
Where is Donald Trump Being Arraigned?
Donald Trump is being arraigned at the Manhattan Criminal Court, 100 Centre St, New York, NY.
Who Appointed Judge Juan Merchan?
The judge handling the historic case is Colombia native Juan Manuel Merchan, who boasts more than 15 years on the bench. Merchan presided over the grand jury for Manhattan District Attorney Alvin Bragg's investigation into Trump. It had been reported at the time that in the case of an indictment he would get the case. Indeed, after the indictment decision, a spokesman of Manhattan Criminal Court was cited as saying: "Merchan was assigned to supervise the grand jury and oversee any indictments arising from its investigation."
An acting justice of the New York Supreme Court since 2009, Merchan oversaw a criminal tax fraud case against Trump's company - The Trump Organization - in 2022. Trump was not a defendant in the case. A Manhattan jury determined that two business entities controlled by Trump were guilty of 17 counts of tax fraud and falsifying business records. The organization was ordered to pay a penalty of $1.61Mln. Former Trump Organization chief financial officer Allen Weisselberg pleaded guilty in the case, and was sentenced by Merchan to five months in prison. Merchan is also overseeing a criminal case against former Trump aide Steve Bannon over fraud and money-laundering charges. Bannon has pleaded not guilty.
Donald Trump slammed the judge on his social media platform, Truth Social, saying that "Judge 'assigned' to my Witch Hunt Case, a 'Case' that has NEVER BEEN CHARGED BEFORE, HATES ME."
What Time Does Trump Get Arraigned?
Donald Trump's court appearance is scheduled for 14:15 EST (18:15 GMT) on Tuesday, when the criminal charges against the former president will be unsealed. Trump said on Monday that he will be indicted on 33 counts related to business fraud. The indictment remains under seal.
What Happens at an Arraignment?
An arraignment is when a criminal defendant makes their debut appearance in court. The procedure typically presupposes several hours of standing for photographs, having one's fingerprints taken, and involves a flurry of arrest paperwork, all done behind closed doors. After that, defendants hear the charges against them as they go before the presiding judge. A defendant can then enter a plea, such as "not guilty". According to Trump's lawyers, cited by media reports, the former president will not be handcuffed upon arrival at court. He also supposedly intends to enter a "not guilty" plea. Assuming that Trump pleads not guilty, he will be granted a specific court date for his trial. In the case of a guilty plea, a court would decide on sentencing.
Why is Trump Being Arraigned?
Trump is being arraigned because a Manhattan grand jury voted on 30 March to indict him on criminal charges over alleged hush money payments made to an adult film star by the name of Stormy Daniels. The transaction was said to have taken place just days before the 2016 presidential election. Previously, Manhattan prosecutors investigated whether Trump falsified the Trump Organization’s business records when his then-lawyer, Michael Cohen, made a payment of $130,0000 to Daniels to buy her silence over her alleged affair with the Republican politician. Donald Trump has persistently rejected all allegations of wrongdoing and has denied ever embarking upon an affair with the porn star.
What Happens After Trump Arraignment?
After the arraignment, assuming that Donald Trump pleads not guilty, his defense team will have 45 days to present pre-trial motions to the court. These could be asking the judge to dismiss the case on legal grounds, or seeking to have the charges reduced. Also, the lawyers might attempt to prevent certain evidence from being used at the trial.
The time ahead of the trial, the former president's defense team and the District Attorney's (DA) office typically exchange information pertaining to physical evidence, copies of written or verbal statements connected with the case. Furthermore, Donald Trump’s attorney can also attempt a plea bargain with the prosecutor to avoid a trial.
What Does Indictment Mean For Trump?
Even if Donald Trump were to be convicted, he could still carry on with his 2024 presidency bid.
In line with the US Constitution, to be eligible for President, one must be a natural-born citizen, at least 35 years old, and have been a resident of the United States for 14 years. Earlier, Trump told the media he would “absolutely” remain in the race for president, adding: "I wouldn’t even think about leaving... Probably, it’ll enhance my numbers.”