On Tuesday, former US President Donald Trump was arrested and taken to court in Manhattan where he was arraigned. This marks the first time that a US president has been charged with a crime.
Trump denies any wrongdoing. The charges are related to a $130,000 payment made by his former lawyer, Michael Cohen, to porn star Stormy Daniels in exchange for her silence about an alleged affair.
Trump has acknowledged reimbursing Cohen for the payment, but prosecutors argue that he falsified business records when he did so, which is a criminal offense in New York. The charges against Trump are expected to be related to this.
It is uncertain whether one of the charges against Trump will be a felony. Fraud can be a felony in New York if the lie was made with the intent to conceal or commit another crime.
Sources close to the case believe that at least one of the charges against Trump could be a felony, likely related to breaking campaign finance rules.
Trump could have tried to hide his payments to Daniels because he didn’t want voters to know they had an affair, which could be considered a part of his campaign.
If convicted, most felony fraud cases carry a maximum of about five years in prison, although it is common for convicts to receive just probation or a fine.
There could be an additional charge relating to another case. Prosecutors have questioned at least one witness about a $150,000 payment made to Karen McDougal, a former Playboy magazine Playmate of the Year who has claimed she had a relationship with Trump in 2006.
It’s not clear if she was questioned to bring separate charges, or to establish a pattern of behavior by Trump relating to the Stormy Daniels case.
The strength of the case against Trump is uncertain. The indictment is expected to set out what prosecutors believe Trump has done, with some information on how and when, which will give a sense of the case they have built against him.
Convicting a felony charge could be challenging, and the Manhattan District Attorney’s office routinely prosecutes people for falsifying business records.
Manhattan DA Alvin Bragg would have to prove that Trump knew he was breaking the law and that he falsified business records with the aim of helping his presidential campaign.
Trump’s lawyers say the payments to Daniels were made to shield his family from false allegations and were unrelated to his campaign.
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