Trump's First Day in Court as Criminal Defendant: Here's the Lowdown

On April 4, Trump was arraigned in court after a Manhattan grand jury indicted him on 34 counts of falsifying business records in the first degree in connection to his alleged involvement in a hush money payment and subsequent cover-up linked to a purported affair with adult film actress Stormy Daniels ahead of the 2016 presidential elections.

History was made on April 4, when for the first time ever, a former President of the United States appeared in court as a criminal defendant. The 45th POTUS was earlier indicted by a Manhattan grand jury on charges related to hush-money payments made before and after the 2016 presidential election.

Here is a look at Trump's first day in court as a criminal defendant and what could come next in the indictment.

Former US president Donald Trump arrives at the courtroom at the Manhattan Criminal Court in New York on April 4, 2023

© AFP 2023 / ED JONES

What Happened at Trump's Arraignment?

Donald Trump, a 2024 Republican presidential candidate, entered the Manhattan Criminal Court on Tuesday to be arraigned, or, in other words, hear the criminal charges against him. Late in March, a grand jury in Manhattan voted to indict Trump on charges related to his alleged involvement in a hush money payment and subsequent cover-up involving a purported affair with adult film star Stormy Daniels. On April 4, both Trump’s legal team and the public were finally provided with the details about the charges.

Trump, in line with procedure, had his fingerprints taken, but did not stand for what is known as a "mug shot", nor was he handcuffed.

What Are the Charges Against Trump?

Manhattan District Attorney Alvin Bragg has announced a 34-count felony indictment of the former president.

Donald Trump is charged with 34 felony counts of falsifying business records in the first degree under Article 175 of the New York Penal Law. The charges are in connection with Trump's alleged involvement in a $130,000 hush money payment and subsequent cover-up.

According to prosecutors, Trump conspired to undermine the 2016 presidential election by trying to suppress information that could have harmed his election chances. Furthermore, he is accused of then concealing the actual nature of the hush-money payments, made to two women — including porn star Stormy Daniels — who allege they had affairs with him years before, as well as to a doorman at Trump Tower. The latter claimed to have knowledge of a purported affair which led to the birth of an illegitimate child.

Donald Trump pleaded not guilty to the 34 felony criminal charges.

Former US president Donald Trump (C) appears in court at the Manhattan Criminal Court in New York on April 4, 2023.

© AFP 2023 / STEVEN HIRSCH

What Do the Charges Against Trump Mean?

In New York, falsifying business records is a felony when there is an “intent to defraud,” that includes an intent to “commit another crime or to aid or conceal” a crime. Each of Trump's criminal charges relates to a specific entry in the business records of the Trump Organization, according to the indictment.

Stormy Daniels is said to have been paid by then-Trump attorney Michael Cohen, who was subsequently reimbursed by Trump after the 2016 election. According to the prosecutors, there were false entries in the Trump Organization’s ledger. Furthermore, the 2017 payments made to Cohen were purportedly falsely recorded as reimbursement for legal services.

Alvin Bragg accused Trump and his associates of utilizing what he called a "catch and kill" scheme designed to bury potentially damaging information ahead of the 2016 election.

"TRUMP then went to great lengths to hide this conduct, causing dozens of false entries in business records to conceal criminal activity, including attempts to violate state and federal election laws," Bragg alleged.

What is the Likely Punishment For Such Charges?

Should Trump be convicted of felony bookkeeping fraud, he could potentially face a maximum sentence of 136 years in prison - up to four years for each count. This is explained by the fact that a judge could impose consecutive sentences. But it should be noted that the charge does not carry a mandatory prison sentence. Even if convicted on all counts, the former POTUS - a first-time offender with no criminal record - would not necessarily face jail time, cited legal experts say.

Falsifying business records is typically a misdemeanor charge in New York, but it can be bumped up to felony level with a maximum four-year sentence when a defendant's "intent to defraud" includes an "intent to commit another crime or to aid or conceal the commission thereof." But the second concealed crime was not specified in the indictment.

'Shaky Legal Ground'

"All 34 counts deal with falsifying business records. That’s a misdemeanor, but increased to a felony based on the assertion that the falsification was made to conceal another crime. No other crime was mentioned in the charges. There also seems to be a problem with the statute of limitations (in other words, the charges were not brought within the required time limit), Timothy Hagle, a political science professor at the University of Iowa," told Sputnik.

Hagle singled out the importance of the part of the indictment read by the judge that claimed there was a violation of state election law.

“He wasn’t very specific and didn’t cite a particular statute, but that may come out in the days to come. It still seems to be on shaky legal ground. Part of that is that Trump was running for federal office not state office, so I’m not sure the state laws would apply, or at least in the same manner,” Hagle said.

The political science professor acknowledged that while Bragg appeared very confident about the charges, it was still “going to seem very politically motivated by Trump supporters and many others who might not even like Trump very much.”

Former US president Donald Trump speaks during a press conference following his court appearance over an alleged 'hush-money' payment, at his Mar-a-Lago estate in Palm Beach, Florida, on April 4, 2023.

© AFP 2023 / CHANDAN KHANNA

What Happens Next in Trump's Indictment?

Donald Trump's next in-person hearing regarding his case is to be in New York on December 4.

Trump's team has until August 8 to file any motions, and the prosecution will respond by September 19. It was emphasized by the prosecutors that they anticipate to produce the bulk of the discovery pertaining to the case in the next 65 days. Judge Juan Merchan will then be ruling on the motions at the December hearing.

Trump attorney, Jim Trusty, was cited as saying that he expects “robust” motions to challenge the case. He added that Trump’s attorneys will “figure out if there’s a way to try to push this earlier” than the hearing scheduled for December 4.

How Did Trump Respond to Charges?

Trump, who pleaded not guilty to all the charges, previously denied all wrongdoing, or ever indulging in an affair with Stormy Daniels. After the arraignment, Donald Trump left New York, flew back to Florida, and gave a speech slamming those behind the charges against him. He claimed "the real criminal” in the case against him is “the District Attorney, because he illegally leaked massive amounts of information.” The Democratic Party's forces, he underscored, were behind the criminal charges filed against him by Manhattan District Attorney Alvin Bragg, he said during his press conference at Mar-A-Lago, Florida, on Tuesday. Trump insisted that “this is a persecution, not an investigation.”