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 is Trump accused of?published at 04:45 British Summer Time 31 March 2023

    Anthony Zurcher
    BBC North America correspondent

    Donald Trump silhouetted on a stage against a screen showing the American stars and stripes flagImage source, Reuters

    In 2016, adult film star Stormy Daniels contacted media outlets offering to sell her account of what she said was an adulterous affair she had with Donald Trump in 2006. Trump's team got wind of this, and his lawyer Michael Cohen paid $130,000 to Daniels to keep quiet. This is not illegal.

    However, when Trump reimbursed Cohen, the record for the payment says it was for legal fees. Prosecutors say this amounts to Trump falsifying business records, which is a misdemeanour - a criminal offence - in New York.

    Prosecutors could also potentially allege that this breaks election law, because his attempt to hide his payments to Daniels were motivated by not wanting voters to know he had an affair with her. Covering up a crime by falsifying records would be a felony, which is a more serious charge.

    Even advocates for prosecution acknowledge that either way, this is by no means a clear-cut case. There is little precedent for such a prosecution, and past attempts to charge politicians with crossing the line between campaign finance and personal spending have ended in failure.

  2. Trump facing dozens of charges - reportspublished at 04:19 British Summer Time 31 March 2023

    The indictment of Donald Trump contains at least dozens of charges, US media are reporting.

    CNN reports Trump faces more than 30 counts related to business fraud. The outlet has cited two anonymous sources "familiar with the case".

    Meanwhile, the New York Times says there are more than two dozen counts, also citing two unnamed sources.

    The charges have not been made public yet and we do not know what Manhattan District Attorney Alvin Bragg intends to indict him over.

    But allegations that the former president covered up hush money payments to ex-porn star Stormy Daniels could amount to violations of book-keeping and political campaigning laws.

    In December, the Trump Organization was convicted of multiple charges of tax fraud, but Trump himself was not charged as part of the case.

  3. Trump's lawyer confirms probable Tuesday arraignmentpublished at 04:09 British Summer Time 31 March 2023
    Breaking

    Susan Necheles has confirmed her client is expected to be taken to court on Tuesday - as reported earlier by BBC's US media partner CBS.

    "We do expect the arraignment to occur on Tuesday," Trump's lawyer said in an email to AFP news agency, without offering further details.

    An arraignment is the initial court appearance in a criminal prosecution in the US.

    A defendant is presented with the charges facing them and generally enters a plea. A judge then decides whether they should be released on bail or taken into custody.

    Trump is expected to be charged on a number of counts over a hush money payment to former porn star Stormy Daniel. This payment was allegedly not properly recorded on his books.

  4. What do Republican voters make of this?published at 03:47 British Summer Time 31 March 2023

    Mike Bales

    Mike voted for Donald Trump in 2016 and 2020.

    Quote Message

    This indictment will go the way of the false Russia collusion charge, the false charge of quid quo pro which led to his baseless first impeachment and the false charge that he incited violence and insurrection on 6 January. It will be yet another failed attempt to bring Trump down and will only make him more popular.

  5. Trump indictment is blow to America's sense of selfpublished at 03:29 British Summer Time 31 March 2023

    Gary O'Donoghue
    Washington Correspondent

    Former President Donald TrumpImage source, Getty Images

    Trump's indictment is not just a moment for himself and the Republican Party. This is also a moment for America - the first time a current or former president has been charged with a crime.

    In some ways, a former head of state being charged with a crime and possibly even going to prison is not news. It's happened all over the world.

    But America regards itself as exceptional; and Washington, the city on a hill that provides a moral and democratic beacon for the world.

    So joining this particular club is not just a problem for Donald Trump. It's a further blow to America's confidence and self-belief.

    We have already seen a violent attack on the very seat of democracy on January 6th, 2021, with a mob rampaging through the Capitol for hours unthwarted.

    The country is divided. With China's new assertiveness and Russian aggression in Ukraine, it's plain there are rising geopolitical challenges on multiple fronts that threaten US status around the world.

    Historians refer to the 20th Century as The American Century - will they do the same for this one?

  6. New York police ordered to prepare for mobilisationpublished at 03:18 British Summer Time 31 March 2023

    NYPD officersImage source, Getty Images
    Image caption,

    NYPD officers outside Trump Tower in Manhattan on 21 March

    Members of the New York Police Department have been ordered to be "prepared for deployment" in the wake of the Trump indictment, the New York Times has reported.

    Citing an internal memo, the Times has reported that officers have been told to "remain prepared for mobilization at any time during their assigned tour."

    Last week, US media reported that the NYPD - as well as other local, state and federal police agencies - had been preparing and conducting security assessments ahead of a possible indictment.

    The NYPD's orders were reportedly rescinded after it became clear that the grand jury was still hearing from witnesses and that the indictment would not come immediately.

  7. Lindsey Graham says indictment 'dangerous' for rule of lawpublished at 03:10 British Summer Time 31 March 2023

    Republican Senator Lindsey Graham speaks at the US Capitol.Image source, Getty Images

    Lindsey Graham, a longtime Trump ally in the Senate, has described the former US president's indictment as a “shocking and dangerous day for the rule of law in America”.

    The Republican lawmaker from South Carolina said in a statement that charging Trump over hush money paid to porn star Stormy Daniels is “one of the most irresponsible decisions in American history by any prosecutor”.

    Graham said the indictment could work in Trump's favour in his bid to recapture the White House.

  8. Trump campaign ramps up post-indictment fundraisingpublished at 03:00 British Summer Time 31 March 2023

    A child holds a campaign sign ahead of the first rally for the re-election campaign of former U.S. President Donald Trump at Waco Regional Airport in Waco, Texas,Image source, Reuters

    In a fundraising e-mail sent shortly after news of his indictment, Donald Trump's 2024 campaign has called on supporters to donate "truly any amount" to combat Democrats and the "Deep State".

    The e-mail refers to the indictment as a "disgusting witch hunt" on the part of "Radical Left".

    "Please make a contribution – of truly any amount – to defend our movement from the never-ending witch hunts and WIN the WHITE HOUSE in 2024," it adds.

    On the Democratic side, the Senate Majority PAC - a political action committee that supports Democratic senate campaigns - sent an e-mail asking for donations in the wake of the indictment.

  9. Trump adviser says he is 'enveloped in love of friends'published at 02:47 British Summer Time 31 March 2023

    Gina Loudon, a longtime Trump adviser, tweeted what she said was a picture of Donald Trump at Mar-a-Lago tonight.

    Trump is known to be at his property in Mar-a-Lago, but we've not caught sight of him ourselves.

    Loudon wrote: "Beautiful evening here at the gorgeous Mar a Lago! Our REAL First Couple enveloped in the love of their friends and most loyal!"

    She went on to suggest the message would disappoint corporate media outlets.

    Copy of tweetImage source, Twitter
  10. Why Trump's supporters may ignore protest callspublished at 02:26 British Summer Time 31 March 2023

    Mike Wendling
    US disinformation reporter

    We've just heard Mike Pence say the indictment is no reason for people to protest.

    And indeed many of Donald Trump's most fervent supporters not only ignored his prior calls to protest - they too discouraged mass demonstrations.

    This apparent contradiction is explained by the high level of paranoia in pro-Trump spaces online. Many believe - despite evidence to the contrary - that the Capitol riot was instigated not by Trump supporters, but by federal agents and anti-fascist “antifa” activists.

    Any protest will be infiltrated, their logic goes, and "false flag" violence will be used to paint them in a negative light. It sounds unhinged, but this kind of reality-free rhetoric is being broadcast by influential people, external.

    At the same time, chatter about fighting and “civil war” spiked after the rumours began, and police departments in several major cities are prepared for large demonstrations.

    We're entering an unpredictable stage and there is remarkable depth of feeling among the former president's supporters, but as of right now we've yet to see any significant pro-Trump street protests.

  11. Mike Pence says Trump indictment is an 'outrage'published at 02:22 British Summer Time 31 March 2023

    Mike PenceImage source, Getty Images

    Mike Pence has described the indictment of his former boss an "outrage" and "great disservice to the country".

    There is no reason, he added to CNN's Wolf Blitzer, to call for people to protest. Donald Trump "can take care of himself in a courtroom and he ought to be focussing on that right now".

    Like other Republicans, he is calling this a political move from the prosecutor and that "the American people will see right through it".

  12. Stormy Daniels thanks supporterspublished at 02:13 British Summer Time 31 March 2023

    STORMY DANIELSImage source, Getty Images

    Stormy Daniels - the former porn star at the centre of Trump's indictment - has thanked supporters.

    Posting on Twitter, external, she said: "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 claimed merchandise and autograph orders were "pouring in" following the news of the former president's indictment.

    He is being charged with a crime over an alleged hush money payment to Daniels, which it is claimed was paid to keep her quiet about an affair with the former president.

    The payment itself was legal - but Trump allegedly recorded it as a business expense. Falsifying business records is illegal in New York, although it is not yet clear what exactly Trump will be charged with.

  13. CBS: Trump likely to be arraigned in New York on Tuesdaypublished at 02:00 British Summer Time 31 March 2023
    Breaking

    Former President Donald Trump is expected to be arraigned in New York criminal court next Tuesday, 4 April, CBS has reported.

    Citing two sources familiar with the matter, CBS - the BBC's US media partner - has said that the court proceedings are likely to take between 10 and 15 minutes.

    At that time, the charges in the indictment will be read to the ex-President.

    The sources, however, have noted that the day of the arraignment is still being planned and could potentially change.

  14. 🚨🚨🚨 Emergency Americast episodepublished at 01:46 British Summer Time 31 March 2023

    Americast Logo

    Donald Trump has become the first ex-president to be charged for a crime - but what does this mean to US politics, and how are Americans reacting?

    The BBC Americast team has recorded an emergency episode to discuss the latest developments in the indictment - a historic first in US politics.

    The episode features North America correspondent Anthony Zurcher, disinformation and social media correspondent Marianna Spring, US special correspondent Katty Kay and Radio 4's Justin Webb.

    Listen here.

  15. What happens if Trump is arrested?published at 01:35 British Summer Time 31 March 2023

    Anthony Zurcher
    BBC North America correspondent

    Former U.S. President Donald Trump arrives during a rally at the Waco Regional Airport on March 25, 2023 in Waco, Texas.Image source, Getty Images

    If he is charged, Trump's lawyers have indicated that the former president's arrest would follow standard procedure.That means he would travel from his home at Mar-a-Lago in Florida to make an appearance at the New York City courthouse, complete with a formal booking, fingerprints and mug shots.

    Given the historic nature of such a move, and the security concerns involved, the way this would unfold is uncertain - and would likely be the subject of negotiation between the district attorney's office and Trump's team.

    Once the case is booked and a judge is selected, other details will fall into place, such as the timing of the trial and possible travel restrictions and bail requirements for the defendant. A conviction on a misdemeanour would result in a fine.

    But if Trump were convicted on the felony charge, he would face a maximum sentence of four years in prison, although some legal experts predict a fine is more probable, and that any time behind bars is highly unlikely.

  16. Democrats and Republicans fall into linepublished at 01:28 British Summer Time 31 March 2023

    Kayla Epstein
    Senior reporter

    The two major US political parties have fallen mostly into line with their responses to Trump’s indictment.

    Republicans, many of whom still see Trump as their party’s de-facto leader, were swift to defend the former president and attack the prosecutors bringing the case.

    “This is more about revenge than it is about justice,” tweeted Nikki Haley, a current 2024 presidential candidate who was once Trump's UN Ambassador.

    Democrats, who have used their congressional powers to investigate Trump, have been deliberately measured in their responses.

    There was little champagne-popping from party leaders; rather, they emphasised the argument that no-one is above the law, and that Trump deserves due process.

    Officials like Senate Majority Leader Chuck Schumer and former House Speaker Nancy Pelosi set the tone.

    “I encourage both Mr Trump’s critics and supporters to let the process proceed peacefully and according to the law,” Schumer said in a statement.

  17. Here's what we know so farpublished at 01:20 British Summer Time 31 March 2023

    A woman talks to a doorman outside Trump Tower after former U.S. President Donald Trump's indictment by a Manhattan grand jury following a probe into hush money paid to porn star Stormy DanielsImage source, Reuters
    Image caption,

    A woman talks to a doorman outside Trump Tower following news of the indictment by a Manhattan grand jury

    In case you're just joining us here is a round-up of what we know.

    • A grand jury has voted to indict former US President Donald Trump after investigating an $130,000 pay-out to former porn star Stormy Daniels
    • An indictment against a former president is a historic first in US politics
    • Trump, 76, is the first current or former president to face criminal charges
    • The details of the charges he faces have not yet been released
    • His legal team has said he is expected to surrender next week
    • The ex-president lives in Florida and is expected to travel to New York City for his formal arrest and first hearing in court
    • The indictment has been met with an angry response from Republicans and Trump's political allies
    • In interviews and on his Truth Social social media platform, Trump has slammed the indictment as a politically-motivated and an attempt to "weaponise" the justice department
    • His lawyer said in a statement: "He did not commit any crime. We will vigorously fight this political prosecution in court."

  18. Who is Stormy Daniels?published at 01:05 British Summer Time 31 March 2023

    Stormy DanielsImage source, Getty Images

    At the centre of this indictment is Stormy Daniels, a former porn star and stripper who says she had an affair with Donald Trump a decade before he became president.

    But what do we know about her?

    Daniels, whose real name is Stephanie Clifford, claims she first met Trump at a charity golf tournament in July 2006.

    The adult film actress alleges they had sex once in his hotel room at Lake Tahoe, a resort area between California and Nevada, shortly after his wife Melania gave birth to their son Barron.

    Daniels, 44, also claims a stranger approached her in 2011, shortly after she had agreed to sit down for a tell-all interview with In Touch magazine, and threatened to harm her infant daughter if she didn’t "leave Trump alone".

    In 2010, Daniels briefly considered running for the US Senate from her home state on the Republican ticket.

    Her star turn as a thorn in Trump’s side since the 2016 election has won her many admirers online, leading to strip club and stand-up comedy tours.

    Trump has repeatedly denied having an affair with her, often denigrating her appearance on social media, but wrote in a January post: “The 'Stormy' nonsense… is VERY OLD & happened a long time ago."

  19. Ron DeSantis criticises indictmentpublished at 00:50 British Summer Time 31 March 2023

    Kayla Epstein
    Senior reporter

    Trump currently resides in Florida, meaning he will need to be brought to New York to face arraignment.

    Florida's Republican Governor Ron DeSantis, who is widely expected to be an opponent for Trump in the 2024 election, slammed the indictment and tweeted that the state "will not assist in an extradition request" from Manhattan District Attorney Alvin Bragg.

    "The weaponization of the legal system to advance a political agenda turns the rule of law on its head. It is un-American," DeSantis wrote. He claimed Bragg was "stretching the law to target a political opponent".

    DeSantis finds himself in a tricky political situation. If he cooperates with New York authorities, DeSantis could face the ire of a Republican voter base he would need if he ran for president in 2024.

    But if he defies the prosecutors, he could face legal headaches. DeSantis has few legal avenues to stop Bragg, the New York Times reported.

  20. Charges will generate sympathy for Trump - Mick Mulvaneypublished at 00:37 British Summer Time 31 March 2023

    The indictment will lead to even Trump's Republican opponents feeling "sympathy" for him, his former acting chief of staff has said.

    Mick Mulvaney told BBC News many members of his party will not like that "powers of government" are being used to "go after folks they don't like politically".

    Trump's supporters in the Republican party have regularly claimed any charges leveraged against the former president would be politically motivated and benefit him in the long run.