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  • World - North America
  • Updated: March 31, 2023

EXPLAINER: What To Know About Donald Trump's Criminal Indictment

EXPLAINER: What To Know About Donald Trump's Criminal Indict

Former United States President, Donald Trump

A grand jury has voted to criminally indict former United States President Donald Trump.

This makes it the first time in United States history that this has happened to a former president.

The jury voted to indict Trump in New York over a hush money a $130,000 payment made to the Porn star Stormy Daniels during the 2016 election.

The investigation centred on payments made during the 2016 presidential campaign to silence claims of an extramarital sexual encounter.

He will appear in court for his arraignment on Tuesday.

The former president has denied any wrongdoing.

In a statement, Trump lashed out at the Manhattan district attorney.

He called the prosecutor a "disgrace", and accused him of "doing Joe Biden's dirty work".

"The Democrats have lied, cheated and stolen in their obsession with trying to 'Get Trump,' but now they've done the unthinkable - indicting a completely innocent person in an act of blatant Election Interference", he stated.

Trump's lawyer, Susan Necheles, said in a statement; "He did not commit any crime. We will vigorously fight this political prosecution in court."

Will The Indictment Affect Trump's Presidential Run?

Trump is currently the front-runner among all declared and potential contenders for the Republican White House nomination.

Ex-United States President Donald Trump faces indictment

But there is nothing in US law that prevents a candidate who is found guilty of a crime from campaigning for and serving as, president - even from prison.

Experts have added that Trump's indictment won’t keep him from the presidential race.

According to Premium Times, Article II of the U.S. Constitution sets forth very explicit qualifications for the presidency: The president must be 35 years of age, a U.S. resident for 14 years and a natural-born citizen.

In cases involving analogous qualifications for members of Congress, the Supreme Court has held that such qualifications form a “constitutional ceiling” – prohibiting any additional qualifications to be imposed by any means.

Thus, because the Constitution does not require that the president be free from indictment, conviction or prison, it follows that a person under indictment or in prison may run for the office and may even serve as president.

This is the legal standard that would apply to former President Trump.

The fact of his indictment is irrelevant to his qualifications for office under the Constitution.

Democrats' Reaction

Many Democrats in the United States have responded and reacted to the case.

This is as some have come to the conclusion that if Trump broke the law, he should face charges like any American.

Democratic Senate majority leader Chuck Schumer said; “There should be no outside political influence, intimidation or interference in the case.

“I encourage both Mr Trump’s critics and supporters to let the process proceed peacefully and according to the law.”

California Democrat Adam Schiff added; “The indictment of a former president is unprecedented.

“But so too is the unlawful conduct in which Trump has been engaged.”

Republicans across the country also reacted to the news.

Mike Pence, a potential Trump rival for the presidential nomination, said the indictment sends a “terrible message” about the US justice system to the world.

Republican senator Lindsey Graham called it a “shocking and dangerous day for the rule of law in America”.

The Guardian added that Trump will be fingerprinted, photographed and processed for a felony arrest.

It is unclear whether he will be handcuffed when he surrenders.

All of New York’s police have been put on duty for Friday, with NBC quoting a police memo stating that the order applied to all officers regardless of rank.

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