Former President Donald Trump has been indicted by a grand jury in New York on charges involving payments made during the 2016 presidential campaign to silence claims of an extramarital sexual encounter.
Hamline Law Professor David Schulz says it is the first-ever criminal case against a former U.S. president and a jolt to Trump’s bid to retake the White House in 2024.
“This will be the first time in American history that a president or former president has ever been indicted for a crime,” Schulz said.
As for how this will affect his current campaign, Schulz says that legally, nothing has changed his ability to run.
“He gets to run at this point. In fact, even if he were convicted of a crime and were serving in prison, he would be able to run,” Schulz said.
Former President Richard Nixon was named a co-conspirator for his role in the Watergate scandal, though Schulz says he was never actually indicted, meaning Trump is the first.
While this is a historic moment, Schulz warns that it could also be precedent-setting, leading the way to future indictments of presidents and former presidents.
“This is kind of like the proverbial dam breaking. I’m not sure if anybody wanted to be the first to indict a former president. But once one happens, this could be the start of many others,” Schulz said.
Trump, who has denied any wrongdoing and has attacked the investigation, was expected to surrender to authorities next week, according to sources familiar with the investigation. Still, Schulz says the move from the grand jury raises numerous questions still to be answered.
“It raises all types of questions, not just about the merits of the case, but how it affects his potential indictment trial and, of course, his running for president,” Schulz said.
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