Former U.S. President Donald Trump was indicted by a Manhattan grand jury in a 2016 scandal involving porn star hush money, making him the first outgoing president in history to be criminally indicted.

Indictment or conviction would not hurt Trump's campaign, but the situation would be very complicated.

(Reuters file photo)

(Central News Agency) Former US President Trump was indicted by a Manhattan grand jury in a 2016 porn star hush money case, making him the first former president in history to be criminally indicted.

Indictment or conviction would not hurt Trump's campaign, but the situation would be very complicated.

The case stems from the fact that the Trump campaign paid AV actress Stormy Daniels to stop talking about her so-called extramarital affair with Trump before the 2016 U.S. presidential election.

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The "Washington Post" reported that the indictment is still sealed, and the specific content of the indictment has not been made public; Coordinating the appearance of Trump himself, it is expected that Trump will appear in court for questioning on April 4.

It is said that the content of the prosecution amounted to more than 20 counts.

● Prosecutors and defense have negotiated that Trump should not be handcuffed in full view

The Washington Post pointed out that although generally speaking, the defendant will be handcuffed and arrested in criminal prosecution, but the prosecutor is likely to discuss with the lawyer first, so that Trump voluntarily cooperates, and then he does not need to be handcuffed and detained in full view.

Anna G. Cominsky, a professor at the New York Law School (New York Law School), believes that lawyers have contacted and arranged with the prosecution, so that Trump should not be arrested in front of the public.

If Trump refuses to appear in court, prosecutors will have to seek authorities in Florida, where Trump lives, to escort him to New York.

According to the grand jury indictment flow chart drawn by the Washington Post, after the indictment, the defendant must have his fingerprints taken, a photo taken, and then be summoned to the court (arraignment) for a court hearing, when the details of the charges will be revealed in court.

Afterwards, it enters the preparation process for the pre-trial hearing. The defense can refute the charges, exclude the probative capacity of the prosecution's evidence, and appeal for favorable witnesses.

If the defendant voluntarily pleads guilty at the pre-trial hearing, he will wait for the judge to choose a sentencing date; otherwise, he will enter the substantive trial procedure.

After completing the arrest process and summoning to court, the judge will decide whether the defendant can be released on bail or restricted to live, or he may return without bail.

● Porn star hush money case may not land Trump in jail

Manhattan District Attorney Alvin Bragg, who was previously disclosed by the media, is considering prosecuting the falsified business records derived from this case, which he believes constitutes a violation of campaign finance and other crimes.

According to New York State law, this is a felony with a lower penalty and can be punished by up to 4 years in prison.

But in general, people with no criminal records are less likely to receive longer sentences for nonviolent, minor felonies.

This means that even if Trump is eventually convicted, he will not necessarily go to jail.

● Trump can still run in the 2024 presidential election

The New York Times pointed out that criminal records are not among the presidential eligibility of the US Constitution, so prosecution or conviction will not hinder Trump's election.

Although federal public officials cannot hold public office if they are found to have broken the law or misbehaved and are impeached, Trump’s impeachment case has never happened before, and the U.S. Senate has determined that he has not broken the law or misbehaved.

Since the administration of President Nixon, who was involved in the illegal monitoring of the Watergate case, the position of the U.S. Department of Justice has always been that it is unconstitutional to prosecute the president during his tenure, because it will interfere with the president’s performance of duties. And citing this basis; the Supreme Court of the United States has no relevant jurisprudence because it has not been sued by the current and outgoing presidents in the past.

The U.S. Supreme Court ruled in 1997 to file a federal lawsuit against incumbent President Bill Clinton, but it was a civil case at the federal level, while the porn star hush money case is only in state-level courts.

Still, it is unusual for a major party candidate to be criminally prosecuted, especially if he is elected after being convicted and jailed.

The New York Times analyzed that one possibility is that Trump invoked the constitutional challenge as an excuse to let the federal court order the release of the state prison; He was removed from office and succeeded by the Vice President.