Why is Donald Trump facing arrest over Stormy Daniels payment?

Supporters of Donald Trump express themselves on Lake Worth Lagoon behind his Mar-a-Lago resort after he messaged about his impending arrest - Marco Bello/Reuters
Supporters of Donald Trump express themselves on Lake Worth Lagoon behind his Mar-a-Lago resort after he messaged about his impending arrest - Marco Bello/Reuters

Donald Trump has claimed he could be arrested on Tuesday over hush money payments he allegedly paid to porn star Stormy Daniels before the 2016 election.

In a post on his Truth Social site, the former president called the Manhattan District Attorney's Office "corrupt", as a grand jury weighed whether he should be indicted and face charges over the allegations.

"Leading Republican candidate & former President of the United States of America will be arrested on Tuesday of next week. Protest, take our nation back!" he wrote in capital letters.

But will the former president face charges? Here's everything we know...

What are the allegations against Donald Trump?

It is alleged he participated in the cover-up of a $130,000 cover-up hush money payment to former porn star Stormy Daniels during the 2016 presidential campaign.

Why was the payment made?

It is alleged Mr Trump had had an affair with Ms Daniels, which he denies. He has accused the former porn star of extortion.

But is hush money illegal?

No, not in itself.

Then why is Mr Trump in legal jeopardy?

Because the payment was deemed to be an illegal campaign donation, violating the $2,700 (£2,200) ceiling under the Federal Election Campaign Act (FECA). Investigators are also examining whether he falsified business records.

What was Michael Cohen’s role?

He was Mr Trump’s personal lawyer and long-time fixer. He admitted orchestrating the payment and was jailed after pleading guilty in 2018 to violating campaign finance laws.

If he is arrested, what happens next?

He would go to the District Attorney’s office in New York to have his fingerprints and mugshot taken. His lawyer Joe Tacopina, told CNBC that he would surrender himself to the authorities if charged.

Could he be held in jail pending trial?

Mr Trump would almost certainly be released on bail.

What if he refuses to leave Mar-a-Lago?

Prosecutors would have to seek his extradition from Florida, with the decision resting with the state’s governor – and strongest rival for the presidential nomination – Ron DeSantis.

Could Mr Trump challenge the New York prosecution?

Manhattan District Attorney Alvin Bragg is an elected Democrat.  Mr Trump’s lawyers could argue the prosecution is politically motivated and ask a court to throw it out.

When could a trial take place?

It takes about a year or so for an indictment in New York to come to trial, which means it could coincide with the presidential election campaign. The timetable would be dictated by the trial judge who, legal experts say, face a “tricky dilemma”.

Would Mr Trump be the first president to face a criminal trial?

No. Bill Clinton was indicted but cleared by the Senate in a criminal trial. Articles of impeachment were passed by the House of Representatives Judiciary Committee against Richard Nixon. But he resigned before the case came to the Senate – and he was pardoned by his successor Gerald Ford. Mr Nixon’s vice president Spiro Agnew quit after pleading no contest to tax evasion charges.

President Ulysses S Grant, who was in office from 1869 to 1877, was arrested for speeding in his buggy.

What other legal problems does Mr Trump face?

A Grand Jury in Georgia is investigating his attempt to persuade Secretary of State Brad Raffensperger to “find” 11,780 votes to give him victory in a key swing state.

The Department of Justice has appointed Jack Smith as a special counsel to examine the events of January 6. The House of Representatives committee, which investigated the riot, accused him of inciting the insurrection.

The Department of Justice is examining the removal of classified documents from the White House which were found at Mar-a-Lago. This could lead to criminal charges.

Could Trump be prevented from running for election?

There is nothing in the US Constitution which disqualifies anyone who is indicted or convicted from running for the White House. But the constitution does ban anyone who engaged in insurrection – a clause added after the Civil War – from standing.