What is a grand jury indictment and can he still run for president? As Donald Trump is arrested on charges of corporate fraud… the 7 most important questions answered
Donald Trump was indicted on March 30, 2023 for hush money paid to porn star Stormy Daniels following their alleged affair.
Trump responded to his indictment, claiming it will “backfire massively” on President Joe Biden. He called the charges a “political persecution and election interference.”
Trump also reiterated his previous claims that the criminal charges are part of a “witch hunt” masterminded by Manhattan DA Alvin Bragg.
“I believe this witch hunt will backfire enormously on Joe Biden,” he said. “The American people know exactly what the radical left Democrats are doing here. Everyone can see it.’
MailOnline answers the most frequently asked questions about the Trump impeachment.
Trump will appear before a judge in New York for his first trial, known in the US as an indictment
What is a grand jury and an indictment?
A grand jury is a group of 23 citizens who hear evidence and decide whether someone should be charged.
In the US, grand juries, rather than prosecutors, decide whether to indict someone after defense attorneys present evidence.
An indictment is the American equivalent of a formal charge. Donald Trump’s grand jury has been in session for months.
The bar for indictment is low and the grand jury must find probable cause, or the balance of probabilities, compared to beyond reasonable doubt for a criminal conviction.
What will happen in the case now?
The charges will be reviewed by a judge and made public in the coming days.
Trump will appear before a judge in New York for his first trial, known in the US as an indictment.
He will be “booked,” meaning that he will have his picture taken and fingerprinted at the Manhattan District Attorney’s office.
How long can Trump go to jail?
Although the charges have not yet been made public, if the charges are as expected, he could face several years in prison.
Should he appear in court?
Yes. Most of the defendants are handcuffed and march past journalists in what’s known as a “perp walk,” but Trump is likely to avoid this fate.
Trump’s arraignment is expected next Tuesday.
Can he still run for president?
Yes. There is no provision in the Constitution that disqualifies anyone if charged.
If Trump is convicted, it is unclear whether he can become president, because that has never happened before.
In 1920, Eugene Debs ran as a Socialist candidate despite being in the Atlanta Federal Penitentiary for speaking out against conscription during World War I.
He won nearly a million votes, but not the election.
Is he the first ex-president to be charged?
Yes. The only record of a sitting president being arrested was Ulysses S. Grant in 1872 for speeding in his horse drawn carriage.
Richard Nixon resigned before being indicted or impeached and was pardoned by Gerald Ford, his successor, for any crimes he may have committed.
Can he be pardoned if found guilty?
Only by the governor of New York. Crimes charged in state courts cannot be pardoned by a president, who can only pardon federal crimes.