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Pastimes : The New Qualcomm - write what you like thread.
QCOM 179.02+3.7%Nov 5 3:59 PM EST

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From: Bill Wolf3/22/2023 8:25:11 AM
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Will Trump be indicted today?

A grand jury in Manhattan could indict former President Donald Trump as soon as today, and he has told supporters that he expects to subsequently be arrested. The prospect of Trump, who is running for re-election, being handcuffed is extraordinary.

No sitting or former president has ever been indicted, and only one has been arrested: Ulysses S. Grant, who was apprehended in 1872 for speeding in his horse-drawn carriage.

The back story: Trump is accused of paying $130,000 in hush money to the porn star Stormy Daniels via his former fixer, Michael Cohen. Prosecutors believe the secret payment at the end of the 2016 presidential campaign was intended to cover up a sexual encounter. (Trump has long denied any such encounter.)

In 2018, Cohen pleaded guilty to federal campaign finance crimes involving the payment to Daniels and pointed the finger at his boss. Manhattan prosecutors began investigating whether Trump’s business improperly accounted for this and other payments to Cohen by classifying them as legal fees.

In New York, falsifying business records can be a misdemeanor. To elevate the crime to a felony, prosecutors must show that the defendant’s “intent to defraud” included an intent to commit or conceal a second crime. In Trump’s case, that second crime could be violating election law: Prosecutors could argue that the payout was an improper donation to his presidential campaign because it benefited his candidacy by shutting down a potential sex scandal.

Proving any charges could be tough. Legal experts told The Times that New York prosecutors have never before combined the charge of falsifying business records with a violation of state election law in a case involving a presidential election, or any federal campaign. A judge could dismiss or reduce the charge.

If Trump were ultimately convicted of a felony, he would face a maximum sentence of four years in prison, though prison time would not be mandatory.

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