NEW YORK — Former President Donald Trump’s court appearance made history Tuesday as he became the first former U.S. president to appear before a judge on criminal charges.
Prosecutors allege that Trump conspired to illegally influence the 2016 election through a series of hush money payments. Trump, who pleaded "not guilty" to 34 felony charges, gave no comment as he exited the Manhattan courthouse — though he is expected to deliver remarks Tuesday night at Mar-a-Lago.
This is the beginning of what is expected to be an intense legal battle as the 2024 Republican presidential candidate also fights to return to the White House.
Here's what to know about the hush money investigation, the charges against Trump and the ramifications for his bid to reclaim the presidency:
What is an arraignment?
An arraignment is generally the first time a defendant appears in court after being charged. Trump learned the charges against him and was advised of his legal rights. As is standard for defendants at arraignment, Trump pleaded "not guilty" to the charges.
Trump's next court date is December 4, though it is not clear if he will be required to appear.
What is this case about?
The grand jury spent weeks investigating money paid during Trump’s 2016 presidential campaign to two women who alleged that they had extramarital sexual encounters with him. Trump denies having sexual liaisons with either woman and has denied any wrongdoing involving payments.
Trump’s former lawyer Michael Cohen, who testified as a key prosecution witness, paid porn actor Stormy Daniels $130,000 through a shell company he set up and was then reimbursed by Trump, whose company logged the reimbursements as legal expenses.
Earlier in 2016, Cohen also arranged for former Playboy model Karen McDougal to be paid $150,000 by the publisher of the supermarket tabloid the National Enquirer, which squelched her story in a journalistically dubious practice known as “catch and kill.”
What are the charges?
Former President Donald Trump has pleaded not guilty to 34 felony counts of falsifying business records.
What will Trump's defense be?
Trump's lawyers have vowed to “vigorously fight this political prosecution in court.” Defense attorney Joe Tacopina has described Trump as a victim of extortion who had to pay the money because the allegations were going to be embarrassing to him. But he says it had nothing to do with the campaign.
Trump will no doubt try to fight the case on multiple fronts. He may try to have the case moved out of Manhattan or New York City entirely — arguing he can't get a fair trial there — though it's rare for judges to agree to do that.
Trump may also argue that the statute of limitations has passed. Trump has complained that the statute of limitations “long ago expired” because the hush money payments and Cohen’s reimbursements happened more than six years ago.
New York’s statute of limitations for most felonies is five years. For misdemeanors, it’s just two years. But in New York, the clock can stop on the statute of limitations when a potential defendant is continuously outside the state. Trump visited New York rarely over the four years of his presidency and now lives mostly in Florida and New Jersey.
What is a grand jury? Who testified?
A grand jury is made up of people drawn from the community, similar to a trial jury. But unlike juries that hear trials, grand juries don’t decide whether someone is guilty or innocent. They only decide whether there is enough evidence for someone to be charged.
Proceedings are closed to the public, including the media. New York grand juries have 23 people. At least 16 must be present to hear evidence or deliberate, and 12 have to agree there is enough evidence in order to issue an indictment.
The key prosecution witness was Cohen. Trump’s company “grossed up” Cohen’s reimbursement for the Daniels payment to defray tax payments, according to federal prosecutors who filed criminal charges against the lawyer in connection with the payments in 2018. In all, Cohen got $360,000 plus a $60,000 bonus, for a total of $420,000.
Cohen pleaded guilty to violating federal campaign finance law in connection with the payments. Federal prosecutors say the payments amounted to illegal, unreported assistance to Trump’s campaign. But they declined to file charges against Trump himself.
Trump was invited to testify, but didn’t. The grand jury, however, heard from Robert Costello, who was once a legal adviser to Cohen. Costello indicated he has information he believes undercuts Cohen’s credibility and contradicts his incriminating statements about Trump.
Another key witness was David Pecker, a longtime Trump friend and the former chief executive of the parent company of The National Enquirer.
Pecker's company, American Media Inc., secretly assisted Trump’s campaign by paying $150,000 to McDougal in August 2016 for the rights to her story about an alleged affair with Trump. The company then suppressed McDougal’s story until after the election.
What are the political ramifications for Trump?
Neither the indictment itself nor a conviction would prevent Trump from running for or winning the presidency in 2024.
Already, the charges have been a boon to his fundraising. The campaign announced Friday evening that it had raised over $8 million in the 24 hours after the indictment became public, far smashing its previous record after the FBI search of Trump’s Mar-a-Lago club.
Trump’s team over the weekend blasted out emails full of supportive comments from dozens of top Republicans, many of whom had already been supportive of him leading up to the indictment.
Those likely to be facing off with Trump in next year’s GOP primary contests have also slammed the prosecution.
Former Vice President Mike Pence called the indictment “an outrage” and “nothing more than a political prosecution.” Former South Carolina Gov. Nikki Haley said on Twitter that the indictment “is more about revenge than it is about justice." Biotech investor Vivek Ramaswamy, who is also seeking the GOP presidential nomination, called the indictment “a dark moment in American history."
Florida Gov. Ron DeSantis on Saturday accused Bragg of weaponizing the law “for political purposes” to bring a case against a former president, never mentioning Trump by name.
What about other Trump investigations?
The New York case is just one of many legal woes Trump is facing.
The Justice Department is also investigating his retention of top secret government documents at his Florida estate, Mar-a-Lago, after leaving the White House. Federal investigators are also still probing the Jan. 6, 2021, insurrection at the U.S. Capitol and efforts to overturn the 2020 election that Trump falsely claimed was stolen.
In Georgia, Fulton County District Attorney Fani Willis has been investigating whether Trump and his allies illegally meddled in the 2020 election. The foreperson of a special grand jury, which heard from dozens of witnesses, said last month that the panel had recommended that numerous people be indicted, and hinted Trump could be among them. It is ultimately up to Willis to decide whether to move forward.
