An indictment is when someone is charged with a crime, which Trump has experienced 3 times.
An indictment is when someone is charged with a crime, which Trump has experienced 3 times.
Donald Trump: The First Former President to Be Indicted Multiple Times
Donald Trump has made history as the first former US president to be indicted not once, not twice, but three times. With these indictments, Trump finds himself facing criminal charges, marking a significant development in American politics.
The Indictments
On March 30, a grand jury in Manhattan voted to indict Trump for his involvement in a hush-money payment to adult film actress Stormy Daniels. This indictment focused on Trump’s efforts to overturn the results of the 2020 presidential election and the events leading up to the January 6 Capitol riot.
The second indictment, brought by federal prosecutors led by Special Counsel Jack Smith, followed the same trajectory. In this case, Trump is accused of breaking federal laws by engaging in a conspiracy to defraud the government and obstructing an official proceeding by plotting to block Congress from certifying President Joe Biden’s electoral victory.
Additionally, Smith’s team investigated Trump’s hoarding of government documents at his private resort in Mar-a-Lago, which has now led to charges of leaving classified records in inappropriate locations such as a shower and next to a toilet. Of the 37 counts in this indictment, 31 fall under the Espionage Act.
Understanding Indictments
An indictment is a formal notice to a defendant that they have been charged with a crime, according to the US Department of Justice. In the case of felonies, prosecutors may present evidence to a grand jury instead of filing charges themselves.
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In New York, where Trump was first indicted, an indictment is necessary for the prosecution of a felony charge. A grand jury, consisting of a secret panel, is convened and presented with testimonies and documents collected during a criminal investigation. Subsequently, the grand jurors are allowed to ask questions, and the prosecutors explain the charges and the circumstances surrounding them.
After deliberation, the grand jury votes on the charges they will indict. In the New York case, a voting quorum requires 16 out of an initially selected 23 grand jurors to be present. A majority of 12 grand jurors must find reasonable cause to believe the accused person committed a crime, which is a lower standard than proof beyond a reasonable doubt required for a conviction.
Once the vote is cast and charging documents are filled out, the indictment is filed under seal, and the lawyers for the defendant are alerted about the indictment and upcoming arraignment. Depending on the charges and the defendant’s flight risk and danger to the public, they may be arrested or allowed to surrender.
Likewise, federal felony charges, such as those in Trump’s Miami case, also follow a similar process. Trump voluntarily surrendered himself to authorities in both cases.
Why Trump Was Indicted
In the New York case, Trump was indicted on 34 felony counts of falsifying business records related to the 2016 payment to Stormy Daniels. Trump’s former lawyer, Michael Cohen, pleaded guilty in 2018 to several felonies connected to this payment. The indictment alleges that Cohen made the payment at Trump’s direction, but Trump denies knowledge of the transaction or having an affair with Daniels.
On the federal level, Trump is accused of taking classified and sensitive documents from the White House to his residence at Mar-a-Lago instead of leaving them with the National Archives. Some of these records contained top-secret national security information. The indictment includes numerous Espionage Act charges for the willful retention of national defense information. Additionally, Trump is accused of obstructing justice, lying to law enforcement, and violating laws related to withholding and concealing government records.
Waltine Nauta, a personal aide for Trump, is a co-defendant in this case. Prosecutors allege that Nauta worked with Trump to break laws by taking the documents to Mar-a-Lago and lying about it.
The third federal indictment focuses on Trump’s meetings with politicians between December 2020 and January 2021, during which he repeatedly and falsely claimed victory in the election. Investigations also explore Trump’s actions as the Capitol riot unfolded and inquire into the extent of coordination between Trump’s lawyers and Republican state electors attempting to confirm his election win.
A Landmark Moment in American History
Donald Trump’s three indictments represent a historic moment in American politics. With these charges, he becomes the first former US president to face criminal felony indictments. They highlight the importance of accountability and reinforce the principle that no individual, regardless of their position, is above the law. As these cases progress, they will undoubtedly shape public perception and the future of American politics.