Is Donald Trump going to be arrested? Here's what we know about the possible indictment

  • Oops!
    Something went wrong.
    Please try again later.
  • Oops!
    Something went wrong.
    Please try again later.

Former President Donald Trump has predicted Tuesday will be the day he is indicted as an investigation by the Manhattan District Attorney's office comes to a close.

An indictment of Trump, who is seeking the White House again in 2024, would be an unprecedented moment in American history, the first criminal case against a former U.S. president.

Though there is no confirmation the indictment will come Tuesday, Trump may face charges for his alleged role in making a $130,000 hush-money payment to a porn actress who said she had a sexual encounter with the Republican during his days as a reality TV star.

Here's what we know:

Who is Stormy Daniels?

Stormy Daniels, whose real name is Stephanie Clifford, is an adult film star.

Manhattan prosecutors met March 15 with Daniels as part of the long-running investigation into a $130,000 payment Donald Trump made just before the 2016 election to silence the actress about a prior affair.

Trump's lawyer Michael Cohen paid Daniels through a shell company before being reimbursed by Trump, whose company, the Trump Organization, logged the reimbursements as legal expenses.

Stormy Daniels, an adult film star whose real name is Stephanie Clifford, is central to the case Manhattan prosecutors are building against former President Donald Trump.
Stormy Daniels, an adult film star whose real name is Stephanie Clifford, is central to the case Manhattan prosecutors are building against former President Donald Trump.

What is an indictment?

An indictment is a formal charging document used when it is believed a person committed a crime. It includes charges against the person and has to be filed before a case can move forward in court, said David Weinstein, a former federal and state prosecutor.

Weinstein, a partner at Jones Walker law firm in Miami, said an indictment means a grand jury decided that there is "more likely than not" enough evidence based on testimony to move forward with charges.

Former President Donald Trump watches the NCAA Wrestling Championship on March 18, 2023, in Tulsa, Okla. Trump’s calls for protests ahead of his anticipated indictment in New York have generated mostly muted reactions from supporters, with even some of his most ardent loyalists dismissing the idea as a waste of time or a law enforcement trap.
Former President Donald Trump watches the NCAA Wrestling Championship on March 18, 2023, in Tulsa, Okla. Trump’s calls for protests ahead of his anticipated indictment in New York have generated mostly muted reactions from supporters, with even some of his most ardent loyalists dismissing the idea as a waste of time or a law enforcement trap.

Will Trump be handcuffed?

Anna Cominsky, a New York Law School professor and former criminal defense lawyer, said that her best guess is that Trump’s lawyers will work out a deal with the prosecutor’s office to avoid the spectacle of an indictment with handcuffs and a perp walk.

“There is a great likelihood that he will self-surrender, which means you won’t see a 5 a.m. knock on Mar-a-Lago’s door, officers swarming his house and arresting him and bringing him out in handcuffs,” she said. “He would appear at the prosecutor’s office voluntarily and then be processed, fingerprinted and his picture taken. ”

Cominsky is less sure that Trump would want to avoid a public appearance for his arraignment, which would come within two days of an indictment. At that time a judge lists the charges and asks if the defendant pleads guilty or not guilt.

“He doesn’t shy away from the chaos, so he may want to use this to his advantage,” she said.

Associated Press and USA Today contributed to this report.

This article originally appeared on El Paso Times: Has Trump been arrested for hush money to Stormy Daniels? What we know