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| What We Know About the Indictment and Surrender of Donald Trump | What We Know About the Indictment and Surrender of Donald Trump |
| (about 8 hours later) | |
| Donald J. Trump, the first American president to be charged with a crime, turned himself in to the authorities in Manhattan on Tuesday, appearing in the courtroom in the afternoon. | Donald J. Trump, the first American president to be charged with a crime, turned himself in to the authorities in Manhattan on Tuesday, appearing in the courtroom in the afternoon. |
| Though Mr. Trump was indicted last week, it was not until Tuesday’s hearing that charges were unsealed in the case, which is focused on the former president’s involvement in the payment of hush money to a porn star, Stormy Daniels, who said she had an affair with him. | Though Mr. Trump was indicted last week, it was not until Tuesday’s hearing that charges were unsealed in the case, which is focused on the former president’s involvement in the payment of hush money to a porn star, Stormy Daniels, who said she had an affair with him. |
| A group of Mr. Trump’s supporters, including Representative Marjorie Taylor Greene of Georgia, held a rally outside the courthouse to protest the Manhattan district attorney, Alvin L. Bragg, who brought the charges. Law enforcement officials from several agencies had spent weeks preparing for the possibility of protests or unrest. | A group of Mr. Trump’s supporters, including Representative Marjorie Taylor Greene of Georgia, held a rally outside the courthouse to protest the Manhattan district attorney, Alvin L. Bragg, who brought the charges. Law enforcement officials from several agencies had spent weeks preparing for the possibility of protests or unrest. |
| Mr. Bragg began scrutinizing the hush money payments — which were made by Michael D. Cohen, Mr. Trump’s fixer at the time — last summer. Prosecutors impaneled a grand jury in January, and the jurors voted to indict Mr. Trump last Thursday. | Mr. Bragg began scrutinizing the hush money payments — which were made by Michael D. Cohen, Mr. Trump’s fixer at the time — last summer. Prosecutors impaneled a grand jury in January, and the jurors voted to indict Mr. Trump last Thursday. |
| While the facts are dramatic and the indictment explosive, the case against Mr. Trump could hinge on an untested legal theory. A conviction is far from assured. | While the facts are dramatic and the indictment explosive, the case against Mr. Trump could hinge on an untested legal theory. A conviction is far from assured. |
| Here’s what we know, and don’t know, about the criminal case against Mr. Trump: | Here’s what we know, and don’t know, about the criminal case against Mr. Trump: |
| The indictment consists of 34 felony charges of falsifying business records in the first degree. | The indictment consists of 34 felony charges of falsifying business records in the first degree. |
| The charges stem from a payment that was made to Ms. Daniels, who in October 2016, during the final weeks of the presidential campaign, was trying to sell her story of an affair with Mr. Trump. | The charges stem from a payment that was made to Ms. Daniels, who in October 2016, during the final weeks of the presidential campaign, was trying to sell her story of an affair with Mr. Trump. |
| At first, Ms. Daniels’s representatives contacted The National Enquirer to offer exclusive rights to her story. David Pecker, the tabloid’s publisher and a longtime ally of Mr. Trump, had agreed to look out for potentially damaging stories about him during the 2016 campaign, and at one point even agreed to buy the story of another woman’s affair with Mr. Trump and never publish it, a practice known as “catch and kill.” | At first, Ms. Daniels’s representatives contacted The National Enquirer to offer exclusive rights to her story. David Pecker, the tabloid’s publisher and a longtime ally of Mr. Trump, had agreed to look out for potentially damaging stories about him during the 2016 campaign, and at one point even agreed to buy the story of another woman’s affair with Mr. Trump and never publish it, a practice known as “catch and kill.” |
| But Mr. Pecker didn’t purchase Ms. Daniels’s story. Instead, he and the tabloid’s top editor, Dylan Howard, helped broker a separate deal between Mr. Cohen and Ms. Daniels’s lawyer. | But Mr. Pecker didn’t purchase Ms. Daniels’s story. Instead, he and the tabloid’s top editor, Dylan Howard, helped broker a separate deal between Mr. Cohen and Ms. Daniels’s lawyer. |
| Mr. Cohen paid $130,000, and Mr. Trump later reimbursed him from the White House. | Mr. Cohen paid $130,000, and Mr. Trump later reimbursed him from the White House. |
| In 2018, Mr. Cohen pleaded guilty to a number of charges, including federal campaign finance crimes involving the hush money. The payment, federal prosecutors concluded, amounted to an improper donation to Mr. Trump’s campaign. | In 2018, Mr. Cohen pleaded guilty to a number of charges, including federal campaign finance crimes involving the hush money. The payment, federal prosecutors concluded, amounted to an improper donation to Mr. Trump’s campaign. |
| In the days after Mr. Cohen’s guilty plea, the district attorney’s office opened its own criminal investigation into the matter. While the federal prosecutors were focused on Mr. Cohen, the district attorney’s inquiry would center on Mr. Trump. | In the days after Mr. Cohen’s guilty plea, the district attorney’s office opened its own criminal investigation into the matter. While the federal prosecutors were focused on Mr. Cohen, the district attorney’s inquiry would center on Mr. Trump. |
| Mr. Trump pleaded not guilty on Tuesday and then left the courthouse to travel back to his Mar-a-Lago estate in Florida. The judge overseeing the case, Juan Merchan, will set a date for the next formal proceedings, which could be months away. In the meantime, prosecutors and defense lawyers will exchange documents and file motions. | Mr. Trump pleaded not guilty on Tuesday and then left the courthouse to travel back to his Mar-a-Lago estate in Florida. The judge overseeing the case, Juan Merchan, will set a date for the next formal proceedings, which could be months away. In the meantime, prosecutors and defense lawyers will exchange documents and file motions. |
| Mr. Trump was walked through the routine steps of felony arrest processing in New York. | Mr. Trump was walked through the routine steps of felony arrest processing in New York. |
| While it is standard for defendants arrested on felony charges to be handcuffed, an exception was made for the former president. He also did not have a mug shot taken. | While it is standard for defendants arrested on felony charges to be handcuffed, an exception was made for the former president. He also did not have a mug shot taken. |
| Mr. Trump was accompanied at every step — from the moment he was taken into custody until his appearance before the judge in the imposing Criminal Courts Building — by armed agents of the U.S. Secret Service. They are required by law to protect him at all times. | Mr. Trump was accompanied at every step — from the moment he was taken into custody until his appearance before the judge in the imposing Criminal Courts Building — by armed agents of the U.S. Secret Service. They are required by law to protect him at all times. |
| After he was arraigned, he was released on his own recognizance, because the indictment contained only nonviolent felony charges. Under New York law, prosecutors cannot request that a defendant be held on bail in such cases. | After he was arraigned, he was released on his own recognizance, because the indictment contained only nonviolent felony charges. Under New York law, prosecutors cannot request that a defendant be held on bail in such cases. |
| When pleading guilty in federal court, Mr. Cohen pointed the finger at his boss. It was Mr. Trump, he said, who directed him to pay off Ms. Daniels, a contention that prosecutors later corroborated. | When pleading guilty in federal court, Mr. Cohen pointed the finger at his boss. It was Mr. Trump, he said, who directed him to pay off Ms. Daniels, a contention that prosecutors later corroborated. |
| The prosecutors also raised questions about Mr. Trump’s monthly reimbursement checks to Mr. Cohen. They said in court papers that Mr. Trump’s company “falsely accounted” for the monthly payments as legal expenses and that company records cited a retainer agreement with Mr. Cohen. Although Mr. Cohen was a lawyer, and became Mr. Trump’s personal attorney after he took office, there was no such retainer agreement, and the reimbursement was unrelated to any legal services Mr. Cohen performed. | The prosecutors also raised questions about Mr. Trump’s monthly reimbursement checks to Mr. Cohen. They said in court papers that Mr. Trump’s company “falsely accounted” for the monthly payments as legal expenses and that company records cited a retainer agreement with Mr. Cohen. Although Mr. Cohen was a lawyer, and became Mr. Trump’s personal attorney after he took office, there was no such retainer agreement, and the reimbursement was unrelated to any legal services Mr. Cohen performed. |
| Mr. Cohen has said that Mr. Trump knew about the phony retainer agreement, an accusation that could form the basis of the case against the former president. | Mr. Cohen has said that Mr. Trump knew about the phony retainer agreement, an accusation that could form the basis of the case against the former president. |
| In New York, falsifying business records can amount to a crime, albeit a misdemeanor. To elevate the crime to a felony charge, Mr. Bragg’s prosecutors must show that Mr. Trump’s “intent to defraud” included an intent to commit or conceal a second crime. | In New York, falsifying business records can amount to a crime, albeit a misdemeanor. To elevate the crime to a felony charge, Mr. Bragg’s prosecutors must show that Mr. Trump’s “intent to defraud” included an intent to commit or conceal a second crime. |
| In this case, that second crime could be a violation of election law. While hush money is not inherently illegal, the prosecutors could argue that the $130,000 payout effectively became an improper donation to Mr. Trump’s campaign, under the theory that it benefited his candidacy because it silenced Ms. Daniels. | In this case, that second crime could be a violation of election law. While hush money is not inherently illegal, the prosecutors could argue that the $130,000 payout effectively became an improper donation to Mr. Trump’s campaign, under the theory that it benefited his candidacy because it silenced Ms. Daniels. |
| Convicting Mr. Trump or sending him to prison could be challenging. For one thing, Mr. Trump’s lawyers are sure to attack Mr. Cohen’s credibility by citing his criminal record. Prosecutors might counter that the former fixer lied years ago on behalf of his boss at the time and is now in the best position to detail Mr. Trump’s conduct. | Convicting Mr. Trump or sending him to prison could be challenging. For one thing, Mr. Trump’s lawyers are sure to attack Mr. Cohen’s credibility by citing his criminal record. Prosecutors might counter that the former fixer lied years ago on behalf of his boss at the time and is now in the best position to detail Mr. Trump’s conduct. |
| The case against Mr. Trump might also hinge on an untested legal theory. | The case against Mr. Trump might also hinge on an untested legal theory. |
| According to legal experts, New York prosecutors have never before combined the falsifying business records charge with a violation of state election law in a case involving a presidential election, or any federal campaign. Because this is uncharted territory, it is possible that a judge could throw it out or reduce the felony charge to a misdemeanor. | According to legal experts, New York prosecutors have never before combined the falsifying business records charge with a violation of state election law in a case involving a presidential election, or any federal campaign. Because this is uncharted territory, it is possible that a judge could throw it out or reduce the felony charge to a misdemeanor. |
| Even if the charge is allowed to stand, it amounts to a low-level felony. If Mr. Trump were ultimately convicted, he would face a maximum sentence of four years, though prison time would not be mandatory. | Even if the charge is allowed to stand, it amounts to a low-level felony. If Mr. Trump were ultimately convicted, he would face a maximum sentence of four years, though prison time would not be mandatory. |
| Mr. Trump responded in a statement, calling the Manhattan grand jury vote “political Persecution and Election Interference at the highest level in history.” | Mr. Trump responded in a statement, calling the Manhattan grand jury vote “political Persecution and Election Interference at the highest level in history.” |
| Mr. Trump’s statement echoed what has been an extraordinary and blistering effort to try to prevent Mr. Bragg from indicting him. | Mr. Trump’s statement echoed what has been an extraordinary and blistering effort to try to prevent Mr. Bragg from indicting him. |
| Still, the statement was remarkable for its aggressive tone against the prosecution, and a signal of what else may come. | Still, the statement was remarkable for its aggressive tone against the prosecution, and a signal of what else may come. |
| “The Democrats have lied, cheated and stolen in their obsession with trying to ‘Get Trump,’ but now they’ve done the unthinkable,” Mr. Trump wrote. “Indicting a completely innocent person.” | “The Democrats have lied, cheated and stolen in their obsession with trying to ‘Get Trump,’ but now they’ve done the unthinkable,” Mr. Trump wrote. “Indicting a completely innocent person.” |
| He framed the investigation that resulted in the indictment as the latest in the long line of criminal inquiries he has faced, none of which have resulted in charges. | He framed the investigation that resulted in the indictment as the latest in the long line of criminal inquiries he has faced, none of which have resulted in charges. |
| Michael Gold contributed reporting. | Michael Gold contributed reporting. |