A trial of the former American president should take place in early 2024, but his lawyers intend to file several appeals after the historic appearance on Tuesday. Donald Trump, he assures that there is “no business.”
Back at his Florida residence, Donald Trump on Tuesday called his earlier formal indictment in a New York court an “insult to the nation” on a historic day in a fractured America. BFMTV.com takes stock of this affair which is shaking an entire country across the Atlantic.
• What do we blame Donald Trump for?
Trump’s indictment relates to three cases that took place before his election to the White House in 2016. The billionaire is accused of having “orchestrated” a series of payments to cover up these three “embarrassing” cases.
A Trump Tower doorman, who claimed to have information about a hidden child, was awarded $30,000 to remain silent. A woman who presented herself as a former mistress received 150,000 dollars to be discreet. And a pornographic actress received 130,000 dollars to conceal an alleged extramarital affair, detailed prosecutor Alvin Bragg in a press release.
Donald Trump listed these expenses as “legal fees” in the accounts of his company, Trump Tower. However, they could correspond to campaign expenses. He therefore faces 34 charges for “falsification of accounting documents”.
• How did Donald Trump react?
Before Judge Juan Merchan, Donald Trump pleaded not guilty. After the hearing, he immediately left the New York court to return to his residence in Mar-a-Lago, Florida.
At the end of the day (on the night of Tuesday to Wednesday, Paris time), the former American president took the floor for the first time in front of the cameras to express himself on his indictment and his appearance, which he largely criticized on social networks in recent days.
“I never imagined this possible in America,” he exclaimed to his supporters.
“The only offense I have committed is to have defended our country without fear against those who seek to destroy it,” said the former American president, denouncing an “insult” to the United States.
• What legal consequences?
Trump having pleaded not guilty and assuring that there is “no case”, a trial should be organized in the coming months in New York. It will most likely take place from January 2024, Judge Juan Merchan suggested.
But the Trump camp intends to fight. Todd Blanche, a lawyer for the former US president, promised to fight the Republican’s “sad” indictment.
The defense of the former White House tenant has until August 8 to file appeals to challenge the case to drop the case before the trial even begins. The prosecution will have to respond by September 19. Judge Juan Merchan will decide at the next hearing where Donald Trump is summoned to participate: December 4, 2023.
• Can Donald Trump go to jail?
In New York State, accounting falsifications are generally considered simple offenses, but they become misdemeanors, punishable by four years in prison, if they were committed to “cover up” another offense.
“And that’s exactly the heart of the case,” said prosecutor Alvin Bragg, accusing Donald Trump of having “made 34 false statements” to hide the illegality of the means deployed to promote his candidacy in 2016.
One thing is certain: between now and a possible conviction, the former American president should be free. He will be able without difficulty to pay any deposit that justice decides to set.
He was also released by Manhattan Criminal Court without judicial review after Tuesday’s appearance.
• What are the consequences for the presidential election?
If a trial ever takes place, Donald Trump’s defense would like to “speed things up”, explains CNN. Because 2024 will also be the year of the American presidential election, where the former tenant of the White House is a candidate. The Republican Party primaries kick off on February 4, 2024, with the Iowa caucus.
A trial that would begin a few days before this important political sequence could have several consequences on the ballot, both on the participation and on the behavior of the main opponents of Donald Trump.
After the announcement of the indictment, all the figures of the Republican Party had been unanimous in their support for the former tenant of the White House. But will they support him on the eve of the election against the so-called “crusade” organized by the Democrats?
However, even if he were sentenced, including imprisonment, Donald Trump could still be a candidate. A precedent exists: in 1920, Eugene Debs, opposed to the First World War, had campaigned from his cell in Atlanta. The socialist won 3.4% of the vote.
Because the only ineligibility provided for by the American Constitution implies that the person participated in an “insurrection” or a “rebellion” against the United States. Without progress in the investigation into the assault on the Capitol and without a new indictment of Donald Trump, the Republican could therefore be on the starting line in the race for the White House.
