By Caitlyn Meisner | Copy Editor
Former President Donald Trump appeared in a Manhattan district court Tuesday afternoon following his indictment Thursday. The indictment was made public, which revealed Trump was being charged on 34 felony counts of falsifying business records. He pled not guilty to all counts.
Upon arrival to the crowded New York City streets surrounded by hundreds of press, protestors and onlookers, Trump arrived in a motorcade with his Secret Service detail, his attorneys and aides.
Before appearing in court for his arraignment — the first appearance in court in response to an indictment — the former president was in custody of the district attorney’s office where he was fingerprinted.
Trump did not have a mugshot taken or complete a “perp walk.”
Dr. Pat Flavin, Bob Bullock professor of political science, said the state of New York does not require a mugshot be taken at arraignment.
“A mugshot only needs to be taken if the person will flee,” Flavin said. “There’s no need to mugshot him since everyone knows what Trump looks like.”
All 34 counts in the indictment are falsifying business records in the first degree and are classified as an E felony, the lowest class of felony under New York State law.
Who are the main players in this case?
Trump is the defendant in this case against the state of New York. He is being prosecuted by Manhattan District Attorney Alvin Bragg.
Michael Cohen, Trump’s former personal lawyer, plead guilty and went to federal prison in 2018 for tax evasion and campaign-finance violations.
Stormy Daniels, a porn star, said she had an extramarital affair with Trump in 2006. She pledged in 2016 not to publicly discuss her affair after signing a non-disclosure agreement and receiving over $100,000.
Karen McDougal, a former Playboy model, said she also had an affair with Trump in 2006 and 2007, which Trump has denied. McDougal sold her story to a newspaper to ensure it did not go public before the 2016 election; Trump agreed to reimburse the company.
What are the counts?
These counts include 11 counts related to invoices from Cohen; 11 counts related to checks written by Trump or funds to reimburse Cohen; and 12 counts related to ledger entries, or accounting records made for the reimbursements in Trump’s books.
Each of the 34 counts correlates to a specific record Trump is accused of falsifying and is dated within the indictment.
The first 11 counts related to invoices from Cohen, accuse Trump of falsifying these records for legal services that prosecutors say were not performed. Prosecutors say these reimbursements were hush money payments to Daniels.
The second 11 counts are in relation to the checks written to Cohen while Trump was a sitting president. Bragg said these payments for services were reimbursements for hush money payments.
The 12 counts are in relation to accounting records, which prosecutors say were hush money payments disguised as legal fees. These records were maintained by Trump’s company during his presidency.
Why is this a big deal?
The only other president that had been arrested before Trump, was former President Ulysses S. Grant in 1872 for speeding in his horse-drawn carriage.
Brian Serr, professor in the law school who teaches constitutional law, said this entire ordeal is historic in nature.
“It’s an indictment that reflects the criminal pursuit of a former president who announced intentions to seek reelection,” Serr said. “This is pointed to as a symbol that nobody is above the law.”
The only president that came close to this was Richard Nixon and his role in the Watergate scandal from the 1970s. Serr said this was avoided when his successor, Gerald Ford, pardoned him quickly after he took office.
Serr also said there are many interpretations of this indictment of Trump. He said several people believe presidents are insulated during their time in office — except for impeachments, which Trump has two — and once they leave office, they are subject to normal criminal proceedings.
Why does this matter to Baylor?
Although this trial is happening in a different state, Flavin said this trial and entire event is historic and should be given attention by the Baylor community.
“This should make students think about principles of equal justice and what this means in practice,” Flavin said. “This forces every person to think about, ‘Would you feel the same way, regardless of party?'”
He said these are tough questions to ask, but important to separate from the partisanship and really think about it.
“I encourage Baylor students to think in principle terms,” Flavin said. “What are we going to think about five to 10 years from now? Are we entering a new era of politics? Will this become the new norm? I don’t think so, but this is why people are so concerned about precedents.”
What did the District Attorney say?
Bragg held a press conference after the arraignment Tuesday. He outlined the charges brought against Trump and answered several questions from reporters.
He said with New York being the business capital of the world, he and his office have a “profound, independent interest” in the state.
“We regularly do cases involving false business statements,” Bragg said. “The basis for business integrity in a well-functioning business marketplace is true and accurate record keeping. That’s the charge that’s brought here: falsifying New York state business records.”
Bragg said this wasn’t just a one-time payment; he said there were 34 false statements in business records that concealed criminal conduct.
What was Trump’s reaction?
After the arraignment hearing was held, Trump drove to LaGuardia Airport in Manhattan to fly on his private plane back to Mar-a-Lago, his West Palm Beach, Fla., home.
While Trump did not talk to the press immediately after his arraignment, his four attorneys did. One of his attorneys, Todd Blanche, said Trump was upset and frustrated when he saw the charges, but remains motivated in his reelection bid.
Another of his attorneys, Joe Tacopina, said the rule of law died in the United States when the indictment was unsealed.
“While everyone is not above the law, no one’s below it either,” Tacopina said. “If this man’s name was not Donald J. Trump, there is no scenario we’d all be here today … based on these charges.”
At Mar-a-Lago, Trump delivered a speech to supporters and addressed the indictment and arraignment.
“Our country is going to hell,” Trump said. “This is the most embarrassing time in our history … our justice system is lawless. … If [Democrats] can’t beat us at the ballot box, they try to beat us in the law.”
What are the reactions of other politicians?
Congresswoman Marjorie Taylor Greene (GA-14) and Congressman George Santos (NY-3) were pictured at the courthouse in support of Trump.
Other politicians took to social media to show support for either Trump or Bragg. House Speaker Kevin McCarthy (CA-20) came to Trump’s defense on Twitter.
“Bragg is attempting to interfere in our democratic process by invoking federal law to bring politicized charges against President Trump,” McCarthy said. “Bragg’s weaponization of the federal justice process will be held accountable by Congress.”
Congressman Joaquin Castro (TX-20) said this moment in history is important, as nobody in the American justice system is above the law.
“Prosecutors are duty-bound to investigate the facts, and the justice system is responsible for ensuring that all defendants receive a fair trial,” Castro said on Twitter. “To allow a president to break the law with impunity would set a dangerous precedent for American democracy.”
Senator Mitt Romney (Utah), an ardent Trump critic, said Bragg has “stretched” to reach felony charges to fit a political agenda.
What happens next?
The next hearing for the case is Dec. 4 with discovery to happen in the meantime. This allows the defense team to access the evidence investigators collected against Trump.
