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Seth Wenig

NEW YORK — <a href="https://www.washingtonpost.com/donald-trump/" target="_blank" class="contextual_link">Donald Trump</a> appeared in a Manhattan courtroom Tuesday for a moment unprecedented in American history, <a href="https://www.washingtonpost.com/national-security/2023/04/04/trump-charges-34-counts-felony/" target=_blank>pleading not guilty to 34 felony counts</a> related to <a href="https://www.washingtonpost.com/national-security/2023/03/14/trump-stormy-daniels-case/" target=_blank>payments intended to silence an adult-film actress </a>during his 2016 presidential campaign — a scheme that prosecutors said amounted to an illegal conspiracy to win the White House.

He is the first former or sitting U.S. president to be criminally charged.

Dressed in his trademark blue suit and red tie, Trump wore a subdued expression as he sat at the defense table in the courtroom of <a href="https://www.washingtonpost.com/national-security/2023/03/31/trump-judge-merchan-indictment/" target=_blank>New York Supreme Court Justice Juan Merchan</a>, flanked by four lawyers.

He did not speak to waiting cameras or members of the public as he entered or exited the Manhattan criminal court building, though he raised a clenched fist as he left Trump Tower on the way to the courthouse. Trump left New York immediately after the arraignment and flew to Mar-a-Lago, his Florida home and private club, where he spoke Tuesday night.

Blair Guild

Michael Cadenhead

In a meandering speech, Trump ticked through a litany of grievances and exaggerated or false claims, as he sought to discredit the case against him and declared it “an insult to our country.”

“I never thought anything like this could happen in America. Never thought it could happen,” he said. “The only crime that I have committed is to fearlessly defend our nation from those who seek to destroy it.”

The prosecution of a former president sets up an extraordinary test for the judicial system amid a viciously partisan environment: Trump, who is again <a href="https://www.washingtonpost.com/politics/2022/11/15/trump-2024-announcement-running-president/" target="_blank">seeking the Republican nomination for president</a>, already has verbally attacked Merchan and <a href="https://www.washingtonpost.com/politics/2023/03/22/alvin-bragg-da-trump-investigation/" target="_blank">Manhattan District Attorney Alvin Bragg (D)</a>, calling the case against him a politically motivated “witch hunt.”

Prosecutors pressed the judge to expedite a trial schedule to begin in January, but Trump’s team said that was too ambitious and suggested next spring as a more appropriate target. Either way, the trial could take place during the heart of the Republican primary campaign season.

JM Rieger

Trump is not expected to appear in court again until at least December, but his attorneys will file what is likely to be a lengthy set of motions in August, and prosecutors must respond in writing six weeks later. Merchan would then potentially order hearings and set a trial date.

<a href="https://www.washingtonpost.com/national-security/2023/03/17/alvin-bragg-stormy-daniels-trump/" target=_blank>Bragg and his investigative team spent months probing</a> whether Trump falsified business records connected to the hush money payments in a way that could constitute a campaign finance violation — a set of facts and allegations that some lawyers called a “zombie” case because it has lingered, seemingly lifeless but not actually dead, for years.

The <a href="https://www.washingtonpost.com/politics/2023/04/04/trump-indictment-document/" target=_blank>16-page indictment </a>alleges that Trump improperly falsified business records to conceal $130,000 in reimbursement payments to his former lawyer, Michael Cohen, who had paid off the adult-film actress Stephanie Clifford, known professionally as Stormy Daniels. She claimed to have had a sexual relationship years earlier with Trump, who has denied it. Falsifying business records is a felony in New York when there is an “intent to defraud” that includes an intent to “commit another crime or to aid or conceal” a crime.

Read the full indictment of former president Donald Trump

Bragg told reporters after the arraignment that the plot was part of <a href="https://www.washingtonpost.com/politics/2023/04/04/statement-of-facts-trump-charges/" target=_blank>a broader effort by Trump and his associates to skirt New York and federal election laws</a> by making payments to Daniels and at least two others to suppress potentially politically damaging personal information while he was <a href="https://www.washingtonpost.com/politics/interactive/presidential-candidates-2024/" target="_blank" class="contextual_link">running for president</a>.

“Beginning in about August of 2015, the defendant agreed with others to carry out an unlawful plan to identify and suppress negative information that could have undermined his candidacy for president,” prosecutor Christopher Conroy said at the start of Trump’s arraignment.

“As part of that plan, a lawyer employed by the Trump Organization made a covert and illegal $130,000 payment at the defendant’s direction. The purpose of the payment was to avoid negative attention to the defendant’s campaign by suppressing information about an allegedly sexual encounter between defendant and an adult-film actress.”

Though the charging documents do not specify which additional laws Trump allegedly violated, Bragg said that it is a crime under state law to conspire to promote a political candidacy by unlawful means and that the wire payments exceeded  federal campaign contribution limits. He said his office routinely prosecutes cases involving the falsification of financial records, an apparent rebuttal to the claim by Trump and his legal team that the charges are aimed at dethroning a powerful Republican politician.

“True and accurate business records are important everywhere, to be sure, but they are all the more important in Manhattan, the financial center of the world,” Bragg said. “That’s why we have a history in the Manhattan DA’s office of vigorously enforcing white-collar crime. … This charge can be said to be the bread and butter of our white-collar work.”

In a pair of posts on Truth Social, a media company he co-founded, Trump said that the hearing had no surprises and that prosecutors had “no case” against him. “There was nothing done illegally!”

Read the prosecutors' statement of facts in their case against Donald Trump

Trump’s defense team denounced the state’s case as legally thin and meritless and suggested that the former president, who polls show is the early front-runner for the 2024 Republican nomination, is being unfairly targeted by Democrats. Legal experts have noted that it is not against the law to pay hush money in an effort to suppress negative information.

“Today is the indication of how the rule of law died in this country,” Joe Tacopina, one of Trump’s lawyers who attended the hearing, told reporters afterward. “If this man’s name was not Donald Trump, there is no scenario in which we’d be here right now based on these charges.”

Some Republican politicians also rallied to the former president’s defense, with House Speaker Kevin McCarthy (Calif.) accusing Bragg on Twitter of “invoking federal law to bring politicized charges against President Trump.”

On March 30, Donald Trump became the <a href="https://www.washingtonpost.com/national-security/2023/03/30/trump-ny-indictment/" target=_blank>first former president in U.S. history to be charged with a crime</a>. The unprecedented case will test the judicial system and have far-reaching implications across U.S. politics.

What crimes has Trump been charged with?

Donald Trump has been charged with<a href="https://www.washingtonpost.com/national-security/2023/04/04/trump-charges-34-counts-felony/" target=_blank> 34 felony counts of falsifying business records</a> in the first degree. The case involves Trump’s alleged involvement with <a href="https://www.washingtonpost.com/national-security/2023/03/14/trump-stormy-daniels-case/" target=_blank>hush-money payments to adult-film actress Stormy Daniels</a> during the 2016 presidential campaign. <a href="https://www.washingtonpost.com/national-security/2023/04/04/trump-indictment-charges-new-york-arraignment/" target=_blank>Trump has pleaded not guilty</a> to all charges.

A <a href="https://www.washingtonpost.com/national-security/2023/05/23/trump-court-hearing-share-evidence/" target="_blank">judge set a trial date</a> of March 2024. There will be pretrial hearings, which could include motions from the defense to dismiss charges or exclude evidence as well as requests to the judge on scheduling and witnesses. Here are the <a href="https://www.washingtonpost.com/politics/2023/03/31/how-indictment-process-works-trump/" target="_blank">steps in the indictment process</a>.

He can still run for president in 2024

Being indicted or convicted of a crime <a href="https://www.washingtonpost.com/politics/2023/03/30/trump-presidential-run-indicted-constitution/" target=_blank>doesn’t disqualify you from running for or being elected president</a>. While it has never been attempted by a candidate from a major party before, Trump is allowed to run for president while he has been charged — or even convicted — of a crime.

New York Supreme Court Justice Juan Merchan, <a href="https://www.washingtonpost.com/national-security/2023/03/31/trump-judge-merchan-indictment/" target=_blank>who has handled other high-profile cases</a>, is presiding over the case; Manhattan District Attorney Alvin Bragg, <a href="https://www.washingtonpost.com/politics/2023/03/22/alvin-bragg-da-trump-investigation/" target=_blank>a Democrat who has been in his role since November 2021</a>, is leading the prosecution. The case involves <a href="https://www.washingtonpost.com/politics/2023/03/21/trump-stormy-daniels-criminal-payment-case/" target=_blank>Stormy Daniels, Allen Weisselberg, Michael Cohen and others</a>.

There are <a href="https://www.washingtonpost.com/politics/2022/04/29/trump-investigations-litigation/" target=_blank>multiple ongoing investigations involving Trump</a>, including an investigation of classified documents found at Mar-a-Lago; a criminal probe by the Justice Department of the Jan. 6 insurrection; an investigation into the Georgia election results; and the lawsuit over Trump’s business practices in New York.

Even Sen. Mitt Romney (R-Utah), who voted to convict Trump in two impeachment trials, said that the Manhattan prosecutor “has stretched to reach felony criminal charges in order to fit a political agenda.”

“I believe President Trump’s character and conduct make him unfit for office,” Romney said in a statement. “No one is above the law, not even former presidents, but everyone is entitled to equal treatment under the law. The prosecutor’s overreach sets a dangerous precedent for criminalizing political opponents and damages the public’s faith in our justice system.”

In addition to the New York case, Trump, 76, is facing <a href="https://www.washingtonpost.com/politics/2022/04/29/trump-investigations-litigation/" target=_blank>three other criminal investigations</a>, including Justice Department probes of his handling of classified documents after he left office in 2021, and his potential involvement in <a href="https://www.washingtonpost.com/politics/interactive/2021/jan-6-insurrection-capitol/" target=_blank>the Jan. 6, 2021, insurrection</a> by his supporters at the U.S. Capitol and efforts to overturn the election results. Local prosecutors in Georgia are examining Trump’s unsuccessful efforts to pressure state officials to falsely declare him the winner there over <a href="https://www.washingtonpost.com/elections/candidates/joe-biden-2024/" target="_blank" class="contextual_link">Joe Biden</a> in the 2020 presidential election.

Despite Trump’s unprecedented legal jeopardy, however, being charged with — or found guilty of — a crime <a href="https://www.washingtonpost.com/politics/2023/03/30/trump-presidential-run-indicted-constitution/?itid=lk_inline_manual_10" target=_blank>does not disqualify him from running for office</a>. The former president has sought to use the onslaught of media attention around the New York indictment to shore up political support among his party’s elected leadership and conservative base, as well as to bolster fundraising.

Hours before the arraignment, Trump’s campaign sent a fundraising email to supporters in which Trump warned that the United States is turning into a “Marxist Third World country that … IMPRISONS its political opposition,” and asked for more donations as “I will be out of commission for the next few hours.” On Truth Social, he posted that the experience is “SURREAL,” adding: “WOW, they are going to ARREST ME. Can’t believe this is happening in America.”

Jeenah Moon

Trump’s arraignment Tuesday played out in a 15th-floor courtroom under enormous security, with hundreds of police officers in the streets outside where Trump supporters and protesters demonstrated. Rep. Marjorie Taylor Greene (R-Ga.) rallied supporters of the former president in a park across the street from the courthouse.

Many routine court appearances were adjourned to limit the number of people in the building ahead of Trump’s appearance, and Trump’s movements to, from and within the courthouse were chronicled by hundreds of reporters and carried live on television and news websites.

Trump has publicly lashed out at Bragg, a Democrat who became Manhattan’s top prosecutor in January 2022, as a partisan who is targeting him for political reasons. He recently posted a photo of himself swinging a bat next to an image of the prosecutor, and he glared for several seconds at Bragg — sitting in the courtroom’s front row — when the hearing ended Tuesday afternoon.

Trump has separately accused Merchan — who oversaw another trial in which the Trump Organization was convicted and fined $1.6 million for running a tax fraud scheme — of personal animus, a charge that one of Trump’s own lawyers denied Sunday.

Conroy urged Merchan in court to address Trump’s recent public statements and what he called threatening communications from the former president, including a social media post nearly two weeks ago in which Trump warned of potential “death and destruction” if he was charged in the case.

Merchan expressed respect for Trump’s First Amendment rights and said they are particularly important since Trump is running for president.

But the judge told Trump to “refrain from making statements that are likely to incite violence or civil unrest” and not to engage in rhetoric that would “jeopardize the rule of law.” The judge also asked prosecutors to ensure that the state’s witnesses moderate their own public statements.

Merchan read Trump a set of legal warnings and informed him that he has an absolute right to attend proceedings in his criminal case. At the judge’s request, Trump acknowledged, among other things,  that he could be removed from the courtroom if he became “disruptive” during any court conference, hearing or trial.

“I don’t have any reason to believe that’s going to happen,” Merchan said. “Do you understand that?”

Todd Blanche, another attorney for Trump, said his client’s outbursts were because of how he is being treated, citing statements to the media by Cohen and suggesting that Bragg’s office leaked information.

“It is true that President Trump has responded, and responded forcefully,” he told Merchan. “It is true that as part of that response, he’s absolutely frustrated, upset and believes that there is a grave injustice happening with him being in this courtroom today.”

At his news conference, Bragg said that “at its core, this case today is one with allegations like so many of our white-collar cases — allegations that someone lied again and again to protect their interests and evade the laws.”

As he spoke, cable news stations broadcast his remarks on a split screen with a live image of the former president’s TRUMP-emblazoned private jet taxiing on the runway at LaGuardia Airport to take him home to Florida.

Nakamura reported from Washington. Ann E. Marimow and Anumita Kaur in Washington contributed to this report.

Columbia University Graduate School of Journalism, MS

Montclair State University, BA in History

Shayna Jacobs is a federal courts and law enforcement reporter on the national security team at The Washington Post, where she covers the Southern and Eastern districts of New York. 

Shayna Jacobs

University of Chicago, BA in political science

Dylan Wells is a campaign reporter at The Washington Post. She previously covered Congress and campaigns at USA Today, National Journal Hotline and CNN. 

Dylan Wells

Selden Ring Award for Investigative Reporting, 2005 

Honorable mention, Merriman Smith Memorial Award for excellence in presidential news coverage under deadline, 2016

University of Missouri, bachelor of journalism

David Nakamura covers the Justice Department with a focus on civil rights. He has previously covered the White House,  sports, education, city government and foreign affairs. 

David Nakamura

Harvard University, BA IN Government

Jacqueline Alemany is a Congressional Investigations reporter for The Washington Post. Previously, she was the author of The Early 202, The Post's flagship early morning newsletter featuring news critical to the nation’s many power centers. Alemany is also an on-air contributor to NBC News and MSNBC.

Jacqueline Alemany

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Trump arraigned on 34 counts, pleads not guilty in New York courtroom

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