Donald Trump Indictment and Historic Hush Money Conviction
President-elect Donald Trump was sentenced today in the New York hush money case, marking a historic moment in U.S. history.
Judge Juan M. Merchan imposed an “unconditional discharge,” meaning Trump received no jail time, no probation, and no fines. This sentencing comes just 10 days before Trump is due to be sworn in for a second nonconsecutive term as President.
Trump was convicted in May of 34 felony counts related to falsifying business records to conceal a $130,000 payment to adult film actress Stormy Daniels.
This conviction makes Trump the first person with a felony conviction to assume the presidency. Despite the sentencing, Trump maintains his innocence and has indicated he plans to appeal the verdict19. The case has been ongoing since 2018, with Trump and his lawyers challenging prosecutors at every turn.
In this article, which has been updated during the pendency of the case, Board Certified Criminal Attorney Benson Varghese explains what’s the behind the prosecution, the criminal process, and answers questions about this precedent-setting prosecution.
What was Donald Trump convicted of?
Donald Trump was convicted on May 31, 2024, by a jury in Manhattan. The jury found him guilty on 34 felony counts of falsifying business records related to hush money payments made during his 2016 presidential campaign.
The verdict came after approximately a day and a half of deliberations, making Trump the first former U.S. president to be convicted of felony crimes in the nation’s history. The 34 counts specifically pertained to:
- 11 invoices from Michael Cohen
- 9 general ledger entries for Donald J. Trump
- 9 checks from Donald J. Trump
- 3 general ledger entries for the Donald J. Trump Revocable Trust
- 2 checks from the Donald J. Trump Revocable Trust
The case centered around a $130,000 payment made to adult film actress Stormy Daniels to keep her quiet about an alleged sexual encounter with Trump. Prosecutors argued that Trump falsified business records to disguise the reimbursement of this payment to his former lawyer, Michael Cohen, as legal expenses.
What about the Donald Trump Indictment?
Trump was indicted on March 30, 2023, by a Manhattan grand jury on 34 counts of falsifying business records, becoming the first current or former president to face criminal charges in the last century.
A count can be any unique manner and means to commit an offense. In other words, it is not that the indictment alleges 34 unique offenses in the way most people would understand an offense. Instead, each ledger entry and check has been made its own “count.”
Click Here to Read The Donald-J-Trump-Indictment
Falsifying a business record is a misdemeanor in New York, but it becomes a felony if the intent of falsifying the business record was to commit or conceal another crime.
The purpose of the indictment is to give notice to the accused what he is being charged with. If faced with this type of indictment in state court, Varghese Summersett would assuredly respond with a Motion to Quash the indictment.
Is hush money illegal?
There is nothing inherently illegal about paying hush money under most circumstances. In many regards, it is no different than paying someone for a nondisclosure agreement or requiring someone to maintain trade secrets.
However, how payments are structured could open a person up to become the target of a prosecutor. For example, Michael Cohen was prosecuted federally for how he handled payments to Daniels. Notably, federal prosecutors did not charge Trump.
What is an indictment?
An indictment is a formal, written accusation that charges an individual with a crime. It is issued by a grand jury, which is a group of citizens convened to determine whether there is probable cause to believe the individual – in this case, former President Trump – has committed the alleged offense. If the grand jury believes there is probable cause, they will issue an indictment, which serves as the first step in the criminal prosecution process.
Grand jury proceedings are secret and take place behind closed doors. Prosecutors present evidence by reciting facts or providing witness testimony or exhibits. The process is not an adversarial process. The defendant is not present, and the defense attorney does not have a right to be in the room. That’s part of the reason why no one knows when an indictment is coming down.
Once an individual has been indicted, they will typically face an arraignment, where they will be advised about the charges against them.
What is an arraignment?
An arraignment, in this context, is the process by which a judge informs the accused of the charge against them and addresses whether a bond will be set and the amount.
Are politics behind the Donald Trump indictment?
It is hard to ignore the political realities. First, the prosecutor is a state District Attorney. He is a democrat who ran on the platform that he would indict Trump.
Second, the old adage that a grand jury will indict a ham sandwich has some truth to it – grand jury presentations are made only by prosecutors. The defense is not present. It is basically a prosecutor making a pitch to average citizens that “there is probable cause to believe this offense took place.” The pitch is not, “this is a strong case that we know we can prove beyond a reasonable doubt.”
Can Donald Trump still run for President?
You bet. And as we all know now, he was elected on November 5, 2024, defeating Democratic candidate Kamala Harris .
The United States Constitution outlines the requirements to run for President in Article II, Section 1. According to the Constitution, a candidate must meet the following criteria to be eligible for the office of President:
- Natural Born Citizen of the United States
- At least 35 Years Old
- A resident of the U.S for at least 14 years
There is nothing that prohibited Trump from running for president while under indictment.
Was Donald Trump ever taken into custody?
Donald Trump was never taken into custody in relation to his criminal charges and conviction. He appeared virtually for his sentencing in the New York hush money case from his Mar-a-Lago home in Florida.
Throughout the legal proceedings, he was able to attend court appearances and continue his presidential campaign while facing multiple indictments. Even after his conviction on 34 felony counts in May 2024, Trump remained free and was ultimately sentenced to an “unconditional discharge,” meaning he received no jail time, no probation, and no fines
What was the political effect of the Donald Trump indictment?
Given the fact that District Attorney Alvin Braggs made a Trump indictment a major part of his political platform, it is impossible to say politics did not play a part in this prosecution. In fact, the charges actually galvanized Trump’s political base and possibly put him in a better position than he was before the charge.
What happens next?
Donald Trump, having won the 2024 presidential election against Vice President Kamala Harris, is set to become the 47th President of the United States. Trump is scheduled to be inaugurated on January 20, 2025, at the United States Capitol. Chief Justice John Roberts is expected to administer the oath of office.
Benson Varghese · Trump Indictment – Benson Varghese Interviewed
About Benson Varghese
Benson Varghese is the founder and managing partner of Varghese Summersett, one of the largest and fastest-growing criminal defense, personal injury, and family law practices in North Texas. He is a Board Certified Criminal Lawyer and an experienced litigator who has tried more than 100 cases before state and federal Texas juries. Before going into private practice and starting his own firm, Benson served as a prosecutor at the Tarrant County Criminal District Attorney’s Office. Read more about Benson here.
Benson is frequently asked to weigh in on local or national stories as an expert legal analyst. If you are a member of the media and would like to speak to Mr. Varghese, please contact his media relations director, Melody Lanier, at 817-203-2220 or 817-821-3935.
