Former President Donald Trump is facing the possibility of indictment for his involvement in a $130,000 hush-money payment to Adult Film actress Stormy Daniels. The payment was made during the 2016 election campaign and was disguised as a retainer fee on Trump Organization's books. Manhattan District Attorney Alvin Bragg (D) is leading the criminal investigation and has been accused by Trump and his allies of a "witch hunt" against the former president.
Trump’s legal team has argued that the payment was meant to protect Trump's reputation and was not connected with the campaign. House Speaker Kevin McCarthy (R-Calif.) has urged prosecutors to consider the potentially divisive consequences of an indictment and claimed that Trump should only face a fine at worst. However, the criminal justice system is meant to treat alike like crimes - and no one should be treated worse because of who they are.
The investigation by Bragg's office initially focused on the Daniels payment, but has since expanded to include Trump's taxes and asset value manipulation. Michael Cohen, Trump's former lawyer, testified before the grand jury and said that Trump needs to be held accountable for his "dirty deeds" Cohen was sentenced to prison for breaking campaign finance laws in arranging the payment, and Allen Weisselberg, the former top financial officer of Trump's business, pleaded guilty to tax fraud.
David Pecker, who allegedly helped broker the payment to Daniels, entered into an agreement with federal prosecutors, while Robert Costello, a former legal advisor to Cohen and Trump, testified before Bragg's grand jury. Prosecutors are investigating whether Trump falsified business records in reimbursing Cohen for payment.
The question of whether the prosecutors should consider potentially divisive consequences of an indictment must be taken seriously. Bragg has stated that his office will not be intimidated by attempts to undermine the Justice Process. If Bragg is convinced that a serious crime has been committed and he can bring a successful prosecution, then he should go forward and the rule of law should protect Trump from an unwarranted prosecution while also committing him accountable for his actions.