Summary

  • Prosecutors in New York are preparing for Donald Trump's surrender to court officials, after he became the first US president to be charged with a crime

  • Trump's lawyer says the former president will not be handcuffed for his court appearance next Tuesday

  • Joe Tacopina also says Trump will plead not guilty to the charges and they will "aggressively" challenge the "legal viability" of the case

  • A court spokesman tells the BBC's US partner CBS News the hearing has been set for 14:15 local time (18:15 GMT) on Tuesday

  • Prosecutors have been investigating the payment of hush money to an adult film star prior to Trump's election in 2016

  • The payment was legal - but Trump allegedly recorded it as a business expense. Falsifying business records is illegal in New York

  • He denies wrongdoing, and an alleged affair, saying the indictment is "political persecution"

  • But exact details of the charges remain unclear and under wraps

  1. What has Trump been indicted for?published at 10:44 British Summer Time 31 March 2023

    We don't know what the charges are yet.

    But we did know that Donald Trump was being investigated over a payment his former lawyer, Michael Cohen, made to adult film star Stormy Daniels before the 2016 election to keep quiet about an adulterous affairs she said she had with Trump in 2006.

    The payment was not illegal.

    However, what prosecutors say does amount to a misdemeanour is the fact that when Trump reimbursed Cohen, the record for the payment says it was for legal fees.

    Prosecutors say this amounts to Trump falsifying business records.

    They could also potentially allege that this breaks election law, because his attempt to hide his payments to Daniels was motivated by not wanting voters to know he had an affair with her.

    This would be a more serious charge: covering up a crime by falsifying records is a felony.

  2. Who is the man behind Trump's indictment?published at 10:35 British Summer Time 31 March 2023

    Sam Cabral
    BBC News in Washington

    Alvin BraggImage source, Getty Images

    There's a lot to unpick with this complicated case. But one thing you may want to know is who brought the criminal charges against Donald Trump?

    That would be Alvin Bragg - who made history in 2021 as the first black man elected New York County district attorney.

    Now his spotlight is about to grow brighter, as the first prosecutor - at the federal, state or local level - to bring criminal charges against a former American president.

    Bragg, 49, took over the investigation led by the Manhattan District Attorney’s office two years ago.

    The veteran prosecutor claims he helped sue the Trump administration more than 100 times during its four-year term.

    Read more here.

  3. Trump supporters rage against indictmentpublished at 10:16 British Summer Time 31 March 2023

    Members of the staunchly conservative and pro-Trump "Freedom Caucus" group of politicians have reacted furiously to news of Donald Trump's indictment.

    On Twitter, Matt Gaetz - one of Trump's most vocal allies in the House of Representatives - claimed that Trump "always fought" for and put the American people "above corrupt interests".

    Similarly, Colorado Republican Lauren Boebert tweeted that the alleged "weaponisation" of the justice system "can not stand".

    Josh Hawley, a Missouri Representative, claimed that the indictment is about "power" rather than the law.

    The former president's eldest son, Donald Trump Jr, also accused Democrats of using the indictment in a bid to "interfere" in the 2024 election.

    "The only solution is to shove it down their throats and put him back in the White House," he said.

    Trump announced last November he is running for president once again.

    Matt GaetzImage source, Getty Images
    Image caption,

    Matt Gaetz is one of the most vocal allies of Donald Trump

  4. Stormy Daniels saga timelinepublished at 10:05 British Summer Time 31 March 2023

    Stormy DanielsImage source, MySpace.com/StormyDaniels

    2006: Stormy Daniels – then 27 – allegedly has sex with Donald Trump, 60, in a hotel room after a golf tournament, a month after Melania Trump gave birth to their son, Barron.

    2011: Stormy Daniels gives an interview to a magazine about her claims of an affair with Donald Trump. The article is not published after the magazine is allegedly threatened with a lawsuit.

    2016: Trump’s lawyer, Michael Cohen, pays Daniels $130,000 in exchange for her silence, days before Trump is elected president.

    2018: The Wall Street Journal publishes a story about the alleged hush money, and says that Cohen helped suppress the 2011 magazine story. Trump denies the affair, Cohen denies the payment. Later that year Cohen pleads guilty to tax evasion, is sentenced to three years in prison, and testifies Trump directed him to make the hush money payment.

    2019: Manhattan District Attorney’s office begins investigating fraud allegations against Trump Organization.

    2020: Donald Trump loses the presidential election.

    2023: A grand jury is convened to look at evidence in the hush-money probe. On 15 March, Cohen testifies for three hours. On 18 March, Trump says on social media he expects to be arrested.

    You can read more details about what happened between Stormy Daniels and Donald Trump here.

  5. What goes around comes around - Rev Al Sharptonpublished at 09:53 British Summer Time 31 March 2023

    Rev Al SharptonImage source, Reuters

    Civil rights campaigner Rev Al Sharpton reacted to the news of Trump's indictment by saying "what goes around comes around."

    In a statement, Sharpton referred to the 1989 Central Park Five case, in which five black and Latino teenagers were wrongly convicted of beating and raping a female jogger; the convictions were overturned in 2002 after a serial violent offender confessed to the attack.

    At the time, Trump paid for newspaper adverts calling for the return of the death penalty in the state.

    "It's not lost on those of us who were there in 1989 that Donald Trump will likely walk into the same courthouse where the Exonerated 5 were falsely convicted for a crime they did not commit," Sharpton said in his statement.

    "The same man will have to stand up in a courtroom and see first-hand what the criminal justice system is."

  6. ‘I’d give my life for him’: Trump supporters gather outside Mar-a-Lagopublished at 09:38 British Summer Time 31 March 2023

    Media caption,

    "I’d give my life for him" - Supporters defend Trump

    Trump's supporters gathered outside his Mar-a-Lago estate late last night where the former US president is holed up following news of his indictment over hush money payments.

    They waved flags as they expressed disbelief at the charges leveled against the Republican candidate for the 2024 election.

  7. Can Trump still run for president?published at 09:25 British Summer Time 31 March 2023

    Anthony Zurcher
    BBC North America correspondent

    In a word, yes. An indictment or even a criminal conviction would not prevent him from continuing his presidential campaign if he so chooses - and he has given every indication that he will keep pushing ahead regardless of what happens.

    In fact, there is nothing in US law that prevents a candidate who is found guilty of a crime from campaigning for, and serving as, president - even from prison.

    Trump's arrest would certainly complicate his presidential campaign, however.

    While it might cause some Republican voters to rally around their embattled champion, it could be a significant distraction for a candidate on the campaign trail, trying to stump for votes and participate in debates.

    It would also deepen and enflame already sharp divides within the American political system.

    Conservatives believe the former president is being held to a different standard of justice, while liberals view this as an issue of holding law-breakers - even those in the highest positions of power - accountable.

    Read more to find out what happens next when Trump is arrested.

  8. Donald Trump's historic indictment: What you need to knowpublished at 09:13 British Summer Time 31 March 2023

    Donald Trump smiles on stage at the Conservative Political Action Conference in Maryland on 4 March 2023Image source, Getty Images

    Here's a recap of what has happened so far:

    • Donald Trump is the first US president to be indicted in criminal proceedings, which also happened as he is seeking the Republican nomination in 2024
    • The specific charge is not known, but the grand jury investigation centered on a $130,000 bribe to porn actress Stormy Daniels to stop her from going public about a sexual encounter with Trump
    • The key witness in the case, former Trump lawyer Michael Cohen, told MSNBC that the indictment "will speak for itself"
    • Trump is due to appear in court on Tuesday next week for his arraignment, during which he will be asked to enter a plea, according to his lawyer
    • Trump described the indictment as "political persecution" and said he doesn't expect a fair trial
    • Supporters waving US flags have gathered outside Trump's Mar-a-Lago estate in Florida, where he has been staying
    • Longtime ally Sen. Lindsey Graham called the indictment "a shocking and dangerous day for rule of law in America"
    • Democrats say the indictment proves that no one is above the law. There has been no statement yet from US President Joe Biden
  9. What has Stormy Daniels said about Trump's indictment?published at 08:59 British Summer Time 31 March 2023

    Stormy Daniels, the porn star currently in legal battles with U.S. President Donald Trump, speaks during a ceremony in her honor in West Hollywood, California, U.S., May 23, 2018.Image source, Reuters

    As a reminder, here's what Stormy Daniels - the former porn actress who claims she was paid $130,000 in hush money by Trump just before the 2016 presidential election - has said about it all.

    She posted on Twitter, external: "Thank you to everyone for your support and love!

    "I have so many messages coming in that I can't respond...also don't want to spill my champagne."

    She said merchandise and autograph orders are "pouring in" after a grand jury voted to indict Trump after investigating the pay-out to Daniels in an attempt to buy her silence over an alleged affair.

    Daniels tweeted the hashtag #Teamstormy.

    Trump has acknowledged personally reimbursing his lawyer, Michael Cohen, who arranged the payment. However, he has strongly denied the affair or any wrongdoing regarding campaign laws.

    You can read about how the saga between Daniels and Trump unfolded here.

  10. What is an indictment?published at 08:39 British Summer Time 31 March 2023

    We can see by what you're searching on Google that many of you in the UK have questions about this complicated case. First up, what exactly is an indictment?

    It's a formal written accusation that a person has committed a crime. It typically involves felony charges, though not always. Felonies are crimes punishable by a term of imprisonment of one year or more.

    In Trump’s case, the indictment does involve felony charges.

    The indictment is used to inform an accused person about the charges against them.

    Unlike regular charges brought forth by a prosecutor, an indictment is the result of a secret vote by a grand jury. This is a group of citizens who hear evidence, including witness testimony, and decide whether there is enough evidence to charge a person with a crime.

  11. This will help Trump within his own party base, says political analystpublished at 08:12 British Summer Time 31 March 2023

    We've been hearing from political experts this morning to find out what will happen next week and what it all means for Trump's 2024 presidential bid.

    UCL associate professor Brian Klaas says it's likely Trump will surrender himself on Tuesday - although it's unclear whether he will be handcuffed or have a felon shot.

    "There are probably negotiations between the district attorney's office and Trump's legal team - I think Trump might relish that."

    "This is going to help Trump within his own party's base... This will lead to him raising a lot of money and probably surging in the internal polls as Republican party nominee," Klaas says. However, across the political spectrum this is unlikely to help Trump.

    Klaas also says he is worried about the risk of violence, saying that Trump has already given signs he is "rallying his base as he did before 6 January to respond violently" to his prosecution.

    He is referring to Trump's speech to supporters before a mob of thousands descended on the US Capitol building on 6 January 2021, as Congress certified President Joe Biden's victory in the 2020 election.

    An explosion caused by a police munition is seen while supporters of Trump riot in front of the Capitol Building in Washington on 6 January 2021.Image source, Reuters
    Image caption,

    Donald Trump's supporters stormed Congress on 6 January 2021

  12. Michael Cohen: Indictment is just the beginning for Trumppublished at 07:50 British Summer Time 31 March 2023

    Former Trump lawyer Michael Cohen testifies before Congress on 27 February 2019.Image source, Getty Images

    Michael Cohen, who arranged hush money payments for Trump, said his former boss' indictment is just the beginning of a process towards accountability.

    Cohen served three years in jail over the payoffs to two women who claimed to have had sex with Trump, with the intent of influencing the outcome of the 2016 elections. He was also convicted of tax evasion.

    "Today's indictment is not the end of the chapter. It's rather the beginning, now that the charges have been filed," Cohen told MSNBC.

    "Accountability matters. I stand by my testimony and the evidence that I provided to the district attorney of New York," he said.

    Cohen was found to have facilitated payments of $130,000 to adult film star Stormy Daniels and $180,000 to Playboy model Karen MacDougal.

    He testifed for three hours before a grand jury earlier this month.

    We don't yet know what charges Trump faces but paying hush money is not illegal. However, the former president allegedly recorded it as a business expense - and falsifying business records is illegal in New York.

    Trump has strongly denied the affair and called the indictment "political persecution and election interference".

  13. WATCH: District attorney leaves office with heavy securitypublished at 07:20 British Summer Time 31 March 2023

    The man bringing criminal charges against Donald Trump left his office yesterday evening flanked by security guards, .

    Manhattan District Attorney Alvin Bragg has said he is co-ordinating with Trump's office for his surrender and court appearance on Tuesday.

    Media caption,

    District attorney leaves office after Trump indictment

  14. Most voters think indictment should disqualify Trump from 2024 racepublished at 06:56 British Summer Time 31 March 2023

    Earlier this week, a public poll recorded that a majority of Americans believe that criminal charges against Donald Trump should disqualify him from a 2024 presidential run.

    The Quinnipiac University poll - released a day before Thursday's indictment - found 57% of those surveyed think criminal charges should preclude Trump from running for office again.

    However there was large partisan divide, with 88% of Democrats saying they believe charges should disqualify the former President, compared to 23% of Republicans.

    With regards to the New York district attorney Alvin Bragg's investigation, 62% of respondents said they believed the charges were politically motivated, although 55% also said the allegations were "very serious".

  15. We knew Trump indictment was coming - it's still explosivepublished at 06:31 British Summer Time 31 March 2023

    Anthony Zurcher
    BBC North America correspondent

    Donald Trump speaks with reporters in March 2023Image source, Getty Images

    Donald Trump threw a stick of dynamite into US politics almost two weeks ago when he predicted his imminent arrest. The fuse on that stick turned out to be longer than expected, but on Thursday night it exploded.

    Mr Trump will be the first former US president to face criminal charges. He will be the first former president to be fingerprinted, taken for a mugshot and compelled to stand as an accused defendant before a judge.

    If the case proceeds as expected, he will be the first former US president to sit before a jury of his peers.

    As the news broke, other members of the Republican Party closed ranks around their former president.

    The White House has been keeping a studious silence on the matter, while other Democrats have been less reticient.

    "The bedrock of our legal system is the principle that justice applies to everyone equally," Democratic Senator Cory Booker said in a statement. "No-one is above the law."

    Mr Trump's current legal drama may reach a crescendo and conclude well before a vote is cast in 2024. The political fallout could ultimately depend on the course it tracks - and whether this case is joined by others.

    Read more here.

  16. What you need to know about Donald Trump's indictmentpublished at 06:13 British Summer Time 31 March 2023

    If you're just joining us, here's a quick round-up of what we know so far:

    • A grand jury in New York has indicted former US president Donald Trump over hush money paid to former porn star Stormy Daniels.
    • This is historic - Trump will be the first former US president to face criminal charges even as he makes another tilt for the White House
    • The actual charges aren't known yet but US media report there are more than two dozen
    • New York prosecutors are still co-ordinating arrangements with Trump's team but he will have to travel from Florida to New York for his expected court appearance on Tuesday
    • Trump has blasted the case against him, calling it "political persecution"
    • Republicans, including his rivals, have also closed ranks around their former president, defending him and attacking prosecutors
    • Democrats have been measured in their response, emphasising that no-one is above the law
  17. Democrats: 'No-one is above the law'published at 05:47 British Summer Time 31 March 2023

    Nancy PelosiImage source, Getty Images

    US President Joe Biden has not commented on his predecessor's indictment and there's been little official response from the Democratic National Committee.

    But a few Democrats have spoken out, including senior party figure Nancy Pelosi, long one of Trump's staunchest critics.

    She tweeted: "No-one is above the law, and everyone has the right to a trial to prove innocence.

    "Hopefully, the former president will peacefully respect the system, which grants him that right," she said, adding that the grand jury that had voted for the indictment "acted upon the facts and the law".

    Representative Adam Schiff, who led Trump's first impeachment trial and is also running for California's Senate tweeted:

    “A nation of laws must hold the rich and powerful accountable, even when they hold high office. Especially when they do. To do otherwise is not democracy."

  18. Trump says he doesn't expect 'fair trial' in New Yorkpublished at 05:38 British Summer Time 31 March 2023

    People walk past Trump Tower in New YorkImage source, Getty Images

    A few hours ago, former President Donald Trump took to his own social media platform to say that he does not expect to have a fair trial in New York.

    “They only brought this Fake, Corrupt, and Disgraceful Charge against me because I stand with the American People, and they know that I cannot get a fair trial in New York!“ he wrote on Truth Social.

    In earlier comments to the press, he had described his indictment as “political persecution” and criticised the Manhattan district attorney prosecuting his case.

    It's expected that he will make his first appearance in a courtroom in the arraignment on Tuesday.

  19. Supporters fly the flag for Trumppublished at 05:17 British Summer Time 31 March 2023

    Watch the moment Donald Trump's supporters outside his Palm Beach Mar-a-Lago residence come out on the highway to show solidarity.

    A group gathered outside the Florida resort on Thursday night, waving Trump 2024 campaign flags.

    Media caption,

    Trump supporters gather outside Mar-a-Lago

  20. Trump resolute and focused, ally sayspublished at 05:04 British Summer Time 31 March 2023

    Matt GaetzImage source, EPA

    Republican Congressman Matt Gaetz - one of Donald Trump's staunchest supporters - says he spoke to the former president a short time ago, describing him as "resolute and focused".

    Quote Message

    He is also concerned about what this politically-motivated indictment will do to America's brand around the world."