Here’s what you need to know about Trump’s hush-money case going into Wednesday

The theory is that yes. Falsifying business records first degree is a low-level crime that can land you up to four years imprisonment. It’s not clear whether Bragg would recommend Trump spend time in prison. If Trump was convicted, a judge will decide the right sentence.

According to Trump’s Truth Social post over the weekend, today was the day he believed he would be arrested. He also encouraged supporters to protest in his name.

A few dozen Trump supporters were present Tuesday, as they have done nearly every weekend since August’s FBI search of Mar-a-Lago. They were located on Florida’s Bingham Island at the foot the bridge that connects West Palm Beach and Palm Beach. All ages of people waved Trump and QAnon flags and played country music, claiming that this was not a protest. They didn’t seem to be bothered by the possibility of indictment.

Debbie Macchia of West Palm Beach said, “We’ll just have one big party and laugh it all off, because that’s ridiculous.”

Another supporter, who refused to be identified, stated, “I would be arrested for President Trump — that’s how great a man he is.”

Two top officials claimed that Secret Service agents haven’t yet conducted a security review at the 100 Centre Street Courthouse. This is where Trump could be arraigned if he is indicted. The security review would include the entrances, booking areas and hallways as well as courtrooms, courtrooms, and streets surrounding them. According to officials, such a review will only be performed if an indictment has been filed.

Officials also stated that numerous law enforcement agencies had additional security meetings where officials discussed possible arrival sites. La Guardia airport and Teterboro airport were suggested as options should Trump fly to New York to face criminal charges. They also mentioned a variety of routes to and from courthouses.

At the security meetings, it was raised whether a virtual arraignment might be possible if one was needed. However, it doesn’t appear that this question has been directly addressed to the court or the DA’s office, as no charges have been filed.

Here are five legal issues to be aware of in court papers if — and this is a big if — former President Donald Trump is indicted in connection to Stormy Daniels’ $130,000 hush-money payment.

What is the legal hook? What is the legal hook? If Manhattan prosecutors bring charges against Trump for false record keeping, which he denies, what are their chances of elevating what is usually a misdemeanor to felony? New York law makes falsifying business records to conceal or commit “another offense” a crime. So what’s the second crime?

Is there any crime that is not known to the public? Although the false business records scandal has been well reported, are there any other charges that the district attorney may be facing? New York’s point law also requires that there be an “intent to defraud.” But who was this person defrauded? Although New York prosecutors brought several cases in the past involving fake business records, these cases mostly involved someone submitting the false records to a third-party like an insurance company or tax agency. Did Trump’s business records that listed Cohen’s checks as legal expenses ever make it to the public? What is the prosecution’s theory on who was hurt?

Was there an organized conspiracy? Did Trump act in concert with others to commit a crime? Trump’s ex-lawyer and fixer Michael Cohen was involved in the $130,000 payment to Daniels on the eve 2016 election. But do prosecutors believe that others broke the law as well?

Is Cohen vindicated? It will be interesting to see how the indictment describes Cohen’s side of this story. Trump’s lawyers have suggested that Cohen acted without Trump’s permission or blessing or that Trump was following his former lawyer’s advice. But federal prosecutors stated that Cohen ” coordinated with and at the direction.” What are the contents of contemporaneous documents?

What is a “speaking indictment?” Sometimes, prosecutors will file a “bare bones” charging document that does not reveal much. Other cases see prosecutors present a more detailed picture of their allegations, known as a speaking accusation. This is because they don’t need to reveal all the details necessary to prove the crime. Which route are they taking?

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Lanny Davis, Michael Cohen’s lawyer, has asked him not to appear on television while the nation awaits an indictment that will be based at least partially on his testimony.

Davis stated, “Given Michael’s sensitive time period, I have advised Michael not to make any further TV appearances until further notice.”

The usual case would see the prosecution instruct the grand jury about the law and the charges. After that, the jurors would vote. The grand jury is typically made up of 23 people. At least 16 must have heard the evidence to vote. However, the decision doesn’t have to be unanimous.

If 12 members vote to indict, the prosecution will draft an indictment. The jury foreperson will sign it. The indictment is filed under seal with court so that the public does not initially see it. The prosecution team will usually reach out to defense attorneys to arrange a time when the defendant can surrender voluntarily once the indictment has been filed.

Trump posted on social media Saturday that he was going to be arrested immediately. However, a Trump spokesperson stated that no charges have been filed against him.

According to sources familiar, Trump could be processed somewhere within the district attorney’s office if the case proceeds in the same manner as other high-profile cases in the past.

This would usually include paperwork, fingerprinting, and a cross-check for any criminal charges. All of this would take place behind closed doors. He would then be brought before a judge to face the charges. This would be made public.

Trump, or his attorney, would then enter a plea and he would be released with another court date. Trump would not be required to post bail due to the nature of his charges.

Trump’s ex-lawyer and fixer Michael Cohen paid Stormy Daniels $130,000 days before the 2016 election. Cohen claims that this was at Cohen’s direction because Daniels was about to make public an affair she says she had with Trump in 2006.

Trump reimbursed Cohen while he was at the White House. However, Trump has repeatedly denied the affair.

While the payment itself wouldn’t constitute a crime, it is important to examine how these payments were recorded in the books of Trump Organization.

Mark Pomerantz is a former prosecutor who was closely involved in the case and has published a book about it. Cohen submitted fake invoices throughout 2017, referencing a “retainer arrangement” and asking for payment. Cohen was then handed a series checks by Trump, which were signed by him while he was at the White House. There was no retainer agreement. According to Pomerantz it was done to cover up the hush-money scheme. A charge could be brought under New York State Law for the fake documentation of legal expenses on Trump Organization’s books. This makes falsifying business records a crime.

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The false business records charge is normally a misdemeanor. To make it a felony, the defendant must have made the false business records with the intent to commit or conceal another crime. Some legal commentators suggest that the DA may only be prosecuting the misdemeanor case. Others argue that this would be a waste of time, resources, and allow Trump to portray the case as weak.

If the grand jury does not vote for prosecuting this case in a felony case, it can direct the prosecutor instead to file a case in misdemeanor.

On Tuesday, Kevin McCarthy, House Speaker, addressed reporters in Orlando, Florida. He continued to defend Trump in the face of possible indictment. He rattled off a number of defenses, including “personal money”, the statute of limitations, and that Trump was not trying to hide anything.

He said, “And I believe in your heart of hearts that you also know that this is political.”

The 1908 report that one president was arrested for speeding in a horse-drawn carriage 35 years before the current debate about whether Trump is the first ex-president to get arrested is what underpins any discussion on whether Trump will be the first.

The Washington Evening Star published a 1908 article about the arrest of Ulysses S. Grant. It was written by a policeman. According to the article, Grant was taken to the station house in 1872 on charges of speeding with his carriage.

Grant was known for his penchant to galloper and inciting trouble. According to the article, Grant paid a $20 penalty but did not appear in court.

Michael Beschloss, NBC News’ presidential historian, said he was skeptical about the story’s sourcing because it was based only on one account that was written decades after the alleged arrest.

He stated, “It’s always possible for some irrefutable long lost record to turn up that proves some previous president was indicted” “But we don’t have these things at the moment.

You should greet any images of Trump’s arrest with skepticism if you see them.

Many fake photos of the ex-president being arrested are floating around, allegedly created by common artificial intelligence programs.

Many misleading images have been circulated online due to the proliferation of AI technology that can create hyperrealistic images based on simple text prompts. It can be difficult to distinguish real from fake.

Stormy Daniels, an adult film star, said Tuesday that she would “dance down a street” if former president was indicted and sentenced.

Daniels is the central figure in the New York grand jury’s investigation into Trump. She was retweeting someone who claimed that she received money to frame Trump.

“Sooo…tiny hired me to frame him? You sound dumber than he does in his illiterate ramblings. She tweeted that I wouldn’t walk and would dance down the street if he was “selected” for jail.

Although the grand jury will likely make a decision soon in its investigation, which could result in an indictment against Trump, it is unlikely that Trump will be sentenced to prison.

Daniels claimed that she had an affair (which he denied) with Trump.

Trump continues to criticize Cohen’s former lawyer, and argues that Cohen is a key witness who should not be believed.

Far-right activists have called on Ron DeSantis via social media to stop Trump being extradited to New York if he doesn’t surrender to a criminal charge. But legal experts tell NBC News that there is little that Trump could do in such an unlikely scenario — even if he wanted.

Interstate extradition requests must be made through the governors’ offices. However, the U.S. They have little choice but comply with the Constitution: “A person charged in any State for Treason,Felony or other Crime, shall flee from Justice. He shall be found in another State on Demand of an executive Authority of that State.

Ron Kuby, a New York defense attorney, was involved in a 91 caseseeking blocka murder suspect from being extradited to Florida from New York. An appeals court shut down the case quickly.

The Governor can request reviews to determine if the paperwork is in order. This can slow down the process for a limited time but “they have absolutely zero authority to stop extradition,” he stated.

Attorney Daniel Horwitz, an ex-prosecutor at the Manhattan District Attorney’s Office was also in agreement. The idea that DeSantis could prevent extradition was “inane,” he said.

This scenario is unlikely, as Trump and DeSantis appear to have a low relationship . DeSantis was asked Monday if he would play a part in Trump’s possible extradition. He said that he ” is not going to be involved it in any way.” Last week, Trump lawyer Joe Tacopina stated to NBC News that his client will surrender if he is indicted.

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Kuby, a liberal thinker, predicted that Trump would be interested in going to court. “The show will be there. He will be the star,” he stated.

Michael Cohen has previously testified under oath — in 2019 at House Oversight Committee. He also discussed Daniels’ payment.

The U.S. Capitol Police will take security precautions in the event of demonstrations over an accusation of former president Donald Trump, the Senate sergeant said Monday in a notice sent to senators.

The sergeant at arms stated that while law enforcement isn’t monitoring any specific, credible threats to the Capitol or state offices but there is the possibility of demonstration activity in an email sent to Senate staff. Capitol Police “work with law enforcement partners so you might observe a greater law enforcer presence on Capitol Hill.”

Trump said Saturday that he would be arrested Tuesday. He cited “illegal leaks” in the New York County District Attorney’s hush-money probe. asked for his supporters to protest.

Meanwhile, Trump’s world social media influencers and acolytes took DeSantis to task , calling his silence complicity or indifference in the pursuit of Trump by the New York County District Attorney Alvin Bragg.

Trump aides were behind the scenes and fanned flames. They targeted Florida governor in news releases, and cheered as Trump world influencers attacked him on Twitter.

DeSantis finally spoke Monday, at a Tallahassee news conference, Florida. He took shots at Bragg and at Trump.