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It would be the very first time in history that a US president gets indicted if former President Donald J. Trump is indeed arrested on Tuesday, as the media and subsequent news reports suggested.
Is the former president in panic mode amidst a possible indictment?
Former US President Donald Trump said he expects to be arrested in connection with the ongoing investigation by New York prosecutors into a hush-money scheme involving adult film actress Stormy Daniels.
Cohen, Trump's former fixer, was central to the "hush money" scandal and is now a suspect in the investigation. He has admitted to paying Daniels $130,000 to keep her quiet about the alleged affair with Trump just before the 2016 election. He also assisted in arranging a $150,000 payment to Karen McDougal from the publisher of the National Enquirer to kill her story alleging a 10-month affair with Trump. Trump also denies having had an affair with McDougal.
Trump has privately expressed his belief that he will be indicted solely because Manhattan District Attorney Alvin Bragg "hates" him.
He called on his supporters to protest any such move. Any indictment would mark a historic first and quickly change the political conversation around an already divisive figure. While Trump has an extensive history of civil litigation both before and after taking office, a criminal charge would represent a dramatic escalation of his legal woes as he works to recapture the White House.
According to the New York Times, prosecutors offered Mr. Trump the opportunity to testify before the grand jury that has been hearing evidence in the potential case next week.
Such offers almost always indicate an imminent indictment; it would be unusual for Alvin L. Bragg, the district attorney, to notify a potential defendant without ultimately seeking charges against him.
Potential defendants in New York have the right to answer questions in front of a grand jury before being indicted, but they rarely testify, and Mr. Trump is likely to decline the offer.
His attorneys could also meet privately with prosecutors to avoid criminal charges.
CBS News legal analyst Rikki Klieman discusses the possible indictment.
Rikki discussed with the CBS Morning News team the likelihood of the former president getting indicted on Tuesday. She also gave expert insight on how the arrest might take place and echoed the question of why District Attorney Alvin Briggs went after Trump so vigorously with the Stormy Daniels case and not the others, such as the January 6 insurrection, GA election collusion, Mar-a-Lago, etc.
She said that he might not get physically arrested with handcuffs because of his status as a former POTUS and also for his safety and the safety of everyone involved, including the Manhattan D.A.
Side note: In 1872, President Ulysses S. Grant was arrested in Washington, DC, for speeding in his horse-drawn carriage. Grant faced the consequences even though this was not an impeachable offense. The police officer who arrested him was a police officer and former black Civil War veteran named William H. West, who told The Star about the incident. Alvin Briggs is a former New York state and federal prosecutor, and the Manhattan District Attorney’s Office first Black district attorney.
Law Enforcement Talks On Possible Indictment
Meetings have been going on throughout the week among city, state, and federal law enforcement agencies in New York City about security preparations for a possible indictment of Trump.
Law enforcement discussions have focused on how to navigate the possibility of a criminal charge being indicted by a New York county grand jury, as well as the choreography surrounding the arrest of a former president, which would be unprecedented.
If indicted, Trump is expected to surrender and be processed and arraigned at the courthouse, including being put in handcuffs, having his fingerprints taken, and getting a mug shot.
His US Secret Service detail would transport him to the Manhattan District Attorney's Office for fingerprinting and mugshots in the district attorney's detective squad offices.
Following his arrest, the former president would be taken directly to an arraignment before a judge, where he would most likely be released on his own recognizance.
Manhattan District Attorney Alvin Briggs Not Intimidated by Call For Protest
Donald Trump's call for protest in response to a potential arrest echoes his final days in office, when he repeatedly urged his supporters to reject the results of the 2020 presidential election, culminating in the deadly January 6, 2021, attack on the US Capitol.
Some of Trump's advisers privately urged him not to call for protests, concerned about the optics of a mass protest in Manhattan's streets spiraling out of control or resembling the 2021 insurgency.
Bragg stated in an email to staff on Saturday that his office will “not tolerate attempts to intimidate our office or threaten the rule of law in New York.” The district attorney added that his office "will continue to apply the law evenly and fairly and speak publicly only when appropriate," as it does in all investigations.
Bragg said his office is coordinating with the New York City Police Department and the court to "ensure that any specific or credible threats against the office will be fully investigated and that the proper safeguards are in place so all 1,600 of us have a secure work environment," according to the email, which was first obtained by Politico.
Danielle Filson, a spokesperson for the Manhattan District Attorney, confirmed the contents of the email to CNN but declined to comment further.
PS: This whole fiasco is so embarrassing to watch. How badly could this affect our global reputation? Could it change the morale of the American people as a whole if a President of the United States of America gets indicted and convicted of criminal charges? What are your thoughts? Please share in the comments.