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5 April 2023

Trump felony charges a presidential first

For the first time in US political history, a former president is facing criminal charges. Donald Trump has been indicted on 34 felony counts of falsifying business records in relation to alleged hush money paid to help silence stories that could have impacted his 2016 presidential campaign.

The number of felony counts is greater than first anticipated after documents were unsealed in court today, covering not just the Stormy Daniels story but two additional incidents as well. Each instance of a false record is a felony under New York Penal Law if there was intent to defraud. Trump pleaded not guilty and spoke out from his Florida residence at Mar-a-Lago today. 

As the 45th president faces potential further charges including from the Georgia investigation into election interference, Republicans remain divided on the role Trump can and should play in the party's political fortunes. As the USSC's Bruce Wolpe has noted, even with the significant number of felony counts, many Republicans will still want to vote for Trump in 2024 if possible.

 

NEWS WRAP

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ANALYSIS

Trump has been indicted, what next?

Bruce Wolpe, Non-Resident Senior Fellow, USSC 

How significant is this in US political history?

This is unprecedented and we are in uncharted political territory. It is highly likely Richard Nixon may well have been indicted after he resigned from the presidency in August 1974 in the wake of the Watergate scandals, but Nixon was pardoned by his successor, President Gerald Ford, a month later for any crimes he may have committed as president.

In the case of Trump, in the wake of his two impeachments and the gravity of the multiple investigations he is under, particularly for the January 6 insurrection, the mishandling of classified documents and the attempts to overturn the 2020 presidential election in Georgia, what is being tested here is the principle that no one is above or beyond the rule of law.

 

You can read more of this analysis on the USSC website. 

READ MORE HERE
 

“I have no comment on that. I’m not going to talk about Trump’s indictment."

President Joe Biden | 1 April 

 

BY THE NUMBERS

Trump pleads not guilty to 34 felony counts 

Court documents unsealed today reveal 34 felony counts against Donald Trump, one for each instance of falsified records. The breakdown of records are:

  • 11 cheques for hush money payments shown as retainers
  • 11 invoices from Michael Cohen to the Trump Organization
  • 12 Trump Organization general ledger entries

While falsifying business records may be a misdemeanour, DA Alvin Bragg noted, “it is a felony to falsify business records with intent to defraud and intent to conceal another crime.”  

READ MORE HERE
 

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The United States Studies Centre at the University of Sydney is a university-based research centre, dedicated to the rigorous analysis of American foreign policy, economics, politics and culture. The Centre is a national resource, that builds Australia’s awareness of the dynamics shaping America — and critically — their implications for Australia.

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