How Trump could be arrested: What to know about the looming indictment of the former president

A former president has never been prosecuted in the history of the United States.

A former president has never been prosecuted in the history of the United States. As early as this week, that may change.

Donald Trump, who faces possible criminal charges in New York relating to a hush money payment to porn star Stormy Daniels, maintains he has committed no crime and his attorneys argue he was the victim of extortion. The Manhattan district attorney's office, run by Democrat Alvin Bragg, isn’t commenting and no charges have been announced. But if in fact Trump is indicted, it would be a remarkable moment in the country’s history in a case with a legal underpinning that appears far from open-and-shut.

Factually, the case is straightforward. Trump’s former lawyer and fixer Michael Cohen paid Daniels $130,000 just days before the 2016 election. In Cohen’s version of events, this was done at the direction of his boss because Daniels was on the cusp of going public about an affair she alleges she had with Trump in 2006.

Trump, while he was in the White House, reimbursed Cohen, but has consistently denied the affair. But the payment of the hush money, by itself, wouldn't be the crime. In this case, the possible crime is how the payments were documented on the books of the Trump Organization.

New York law enforcement preparing for possible Trump indictmentMarch 17, 202302:09According to Mark Pomerantz, a former prosecutor who worked closely on the case and recently published a book about his experience, Cohen submitted phony invoices throughout 2017 referencing a “retainer agreement” and requesting payment. Then Cohen received a series of checks, hand-signed by Trump while he was in the White House. The legal problem is there was no retainer agreement — according to Pomerantz, it was all done to cover up the hush money scheme. The fake documentation of “legal expenses” on the Trump Organization’s books could trigger a charge under New York state law, which makes falsifying business records a crime.

https://www.nbcnews.com/politics/donald-trump/trump-arrested-know-trumps-possible-indictment-rcna75594


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