Topline
The Manhattan grand jury that will decide whether to indict former President Donald Trump called off a planned meeting for Wednesday, according to multiple reports, delaying any potential charges against Trump for his ties to an alleged hush money scheme at least one more day.
New York police officers gather near the Manhattan criminal court and Manhattan District Attorney’s … [+]
Key Facts
It’s unclear why the grand jury—which holds secret proceedings—will not meet as planned Wednesday afternoon, the New York Times reported, citing anonymous sources who said the jury could hear from at least one more witness before voting whether to indict Trump.
The 23-member jury, which previously met on Monday, could vote in its next scheduled meeting Thursday, though the Times notes that scheduling conflicts are not unusual in grand jury proceedings.
The delay comes after Trump claimed without evidence on Saturday that he would be arrested on Tuesday.
Law enforcement in New York City and Washington ramped up security precautions ahead of a potential indictment, including additional police presence surrounding the Manhattan Criminal Court and barricades outside of Trump Tower in midtown.
Key Background
The grand jury is looking at Trump’s role in payments made to adult film star Stormy Daniels in 2016 in exchange for her silence about an affair she says they had a decade earlier, part of a long-running investigation by Manhattan prosecutors. The Manhattan District Attorney’s office is reportedly probing whether Trump played a role in falsifying business records, after the Trump Organization allegedly reimbursed Trump’s former fixer Michael Cohen for the $130,000 he paid Daniels under a contract that falsely specified Cohen’s services were for legal fees. Cohen pleaded guilty in 2018 to federal campaign finance violations for orchestrating the deal, and he testified before the grand jury twice last week. The panel also sought Trump’s testimony, indicating it was nearing a decision on an indictment.
Tangent
Falsifying business records is a misdemeanor, and in order to be elevated to a felony, prosecutors must tie it to an intent to commit a second crime, legal experts have said. That second crime could hinge on the federal campaign finance violations Cohen admitted to, though some attorneys say this approach is untested. The misdemeanor charge carries a sentence of up to one year in jail, but a felony conviction of falsifying business records carries up to a four-year sentence.
What To Watch For
If Trump is indicted, it could be days or weeks before he is arrested and arraigned in Manhattan Criminal Court. The indictment would be issued under seal and would not formally be made public until his arraignment. Trump wants to be handcuffed and perp-walked past the media into the Manhattan Criminal Court in hopes of making his arrest a “spectacle,” he recently told his associates, according to multiple reports. However, Trump’s advisors are reportedly urging him to turn himself in quietly or remotely, citing security concerns that experts have said the Manhattan District Attorney’s office also likely shares. If he is indicted, Trump is expected be released on his own recognizance under New York laws that require most non-violent defendants to be freed without bail while awaiting trial. Manhattan criminal cases typically take up to a year to be brought to trial, meaning Trump’s fate could be determined just before the 2024 presidential election or after his possible re-election.
Chief Critic
Trump and his GOP allies have accused Manhattan District Attorney Alvin Bragg, a Democrat, of engaging in a politically motivated investigation and have raised questions about the unprecedented legalities of the case, along with Cohen’s credibility.
What We Don’t Know
The outcome of multiple other law enforcement investigations into Trump’s conduct. The former president is facing two federal criminal probes looking at his role in the leadup to the January 6 riots and his handling of classified materials. The classified document investigation heated up last week, after a federal judge reportedly ruled that one of Trump’s lawyers must testify in the case—an unusual move—and determined that prosecutors had gathered enough evidence to show Trump “intentionally concealed” his knowledge of classified records from his attorneys. A state prosecutor in Atlanta is also investigating his role in efforts to overturn the results of the 2020 presidential election. And the New York Attorney General is suing Trump and his children in civil court over allegations they illegally inflated the value of their assets to secure more favorable loans for the Trump Organization.
Further Reading
New York And D.C. Beef Up Security For Possible Trump Indictment Unrest (Forbes)
Here’s What Will Happen If Trump Is Arrested (Yes, He’ll Probably Get A Mugshot) (Forbes)
DOJ Thinks Trump Deceived His Lawyers About Classified Documents, Report Says (Forbes)
Source: https://www.forbes.com/sites/saradorn/2023/03/22/ny-grand-jury-weighing-trump-charges-reportedly-calls-off-wednesday-meeting-delaying-possible-indictment/