MICHIGAN — Tuesday former President Donald Trump will appear in criminal court for an arraignment hearing following his indictment this past Thursday.
This will be the first time a former president in U.S. history has faced criminal charges.
There really isn't a precedent for the upcoming arraignment, former federal prosecutor and current member of Dykema, Mark Chutkow said the closest event he can think of is the trial of John Edwards.
In 2011 Edwards, a former vice-presidential candidate was charged by a grand jury but never convicted.
"The allegations were that a donor paid a million dollars to a mistress of John Edwards who had a child with him," said Chutkow. "That case had very similar allegations."
Sources say former President Trump is facing around two dozen charges likely over a $130,000 hush money payment made by Trump's then personal attorney to porn star Stormy Daniels.
The payment was allegedly near the end of the 2016 campaign.
The alleged hush money payment itself isn't a crime but the way Trump accounted for it might be.
Chutkow weighed in; "The reporting is it’s going to relate to a state charge, a falsification of business records. Problem with that is that’s a misdemeanor charge and so to make it a felony they have to show that it either assisted or covered up a felony offense."
Opinions on the indictment are split and to avoid a scene on Tuesday Chutkow said he thinks the indictment may happen when no one expects.
"Well there’s incredible amounts of security right now at the court house because they’re concerned about protests and the potential for violence," said Chutkow.
He believes Trump will move to attack and dismiss the indictment itself which would create delays in the process.
"A delay could work in the former presidents benefit in this case because the closer we come to the primaries the more chaos and confusion that will cause," said Chutkow. "Chaos and confusion is not good for a federal trial."
All Trump has to do is get a hung jury, if one juror is sympathetic to his position there's no conviction and they have to try again.
