New Delhi: The conviction of Donald Trump on 34 counts of falsifying business records by a New York jury Thursday made him the first former US President to be convicted.
Among other things, the case involved allegations of falsifying business records related to reimbursement of hush money paid to the adult film star Stormy Daniels around the 2016 Presidential elections to prevent her from publicising her alleged sexual encounter with Trump back in 2006.
The historic trial witnessed testimonies from several key players, including Stormy Daniels, and estranged Trump attorney Michael Cohen. The judge, Juan M. Merchan, will pronounce the sentence against Trump on 11 July.
After the verdict given by a 12-member jury, Trump was quoted as saying by the media, “This was a rigged trial by a conflicted judge who was corrupt”.
What was this case about and how will the conviction impact Trump’s chances of running for President again? ThePrint explains.
‘Catch and kill’
The allegations against Trump are that from August 2015 to December 2017 where he is accused of orchestrating a scheme with others to influence the 2016 Presidential elections by identifying and purchasing negative information about him to suppress its publication and benefit his electoral prospects.
A statement of facts released against Trump said that he employed a “catch and kill” scheme to suppress negative information against him.
To execute this scheme, the participants allegedly violated election laws and made false entries in the business records of various entities in New York. They also allegedly mischaracterised the true nature of these payments for tax purposes.
At Trump’s request, it was alleged that his former lawyer Michael Cohen allegedly paid $130,000 to Stormy Daniels to buy her silence before the 2016 elections about an alleged sexual encounter she had with Trump. The payment was purportedly made through a shell company set up and funded at a bank in Manhattan.
After the elections, Trump allegedly reimbursed Cohen through a series of monthly cheques — first from the Donald J. Trump Revocable Trust, and then from Trump’s bank account.
Each cheque was processed by the Trump Organization and disguised as a payment for legal services rendered in a given month of 2017 pursuant to a retainer agreement.
Trump Organization is a collection of business entities owned by Trump. It comprises approximately 500 entities that, among other business activities, own and manage hotels, golf courses, commercial real estate, condominium developments, and other properties.
The indictment
In April this year, Manhattan District Attorney Alvin L. Bragg, Jr. announced Trump’s indictment.
An indictment is a formal accusation and contains basic details informing a person of the charges against them. For potential felony charges, a prosecutor presents evidence to an impartial group of 16 to 23 citizens called a grand jury. This grand jury looks at the evidence, listens to the prosecutor and the witnesses, and then votes secretly on whether they believe enough evidence exists to charge the person with a crime.
The indictment against Trump listed 34 charges against him. Each charge pertained to a separate transaction made by Trump in furtherance of the scheme alleged against him.
Some of these transactions pertained to invoices from Cohen, some related to cheques signed by Trump or usage of his funds to repay Cohen and others related to ledger entries.
Also Read: US nuclear, defence secrets stored in ballroom, bedroom, shower’: Inside Donald Trump indictment
What next
The maximum sentence that each charge against Trump carries is a sentence of up to four years. However, the judge could also decide to sentence Trump to probation or a fine and no prison time.
However, despite the conviction, Trump can still run for President.
The US Constitution sets out eligibility criteria for Presidents. It requires them to be a “natural born citizen”, at least 35 years old, and a resident within the US for at least 14 years. Therefore, it includes no limitation on anybody based on their criminal record.
Meanwhile, Trump’s lawyer Todd Blanche also told CNN during an appearance that he would appeal the verdict “as soon as we can”.
Additionally, the Supreme Court had, in March this year, ruled that States may not bar Trump from running for another term under Section 3 of the 14th Amendment, which disqualifies people who “engaged in insurrection or rebellion” after taking an oath to support the Constitution.
This was based on Trump’s actions before and on 6 January, 2021, which are the subject of two separate criminal cases against him. Based on this, the Colorado Supreme Court found him ineligible and disqualified him from the 2024 elections in December last year.
However, the Supreme Court, led by a conservative supermajority, overturned this decision, concluding that only Congress could enforce Section 3 against candidates for federal office.
(Edited by Richa Mishra)
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