Stormy Daniels, whose legal name is Stephanie Clifford, is the adult film actress who was pushed into the spotlight after she was paid $130,000 by Donald Trump’s then-personal attorney Michael Cohen to keep silent, days before the 2016 presidential election, about her alleged affair with the former president. Stormy Daniels exits the a federal court in New York City on April 16, 2018. You do not have to give a defendant a chance to testify or present evidence. The defendant does have some limited right to be notified and given a chance to testify or present defense evidence, which we saw play out with Trump and then him asking Robert Costello to testify. Here’s an example of one of the minor variations in New York State, but not in the federal system, meaning for DOJ. HONIG: There are minor variations, but the basics remain the same. How much variation is there in grand juries between city, county and federal? WOLF: We have three grand juries that are top of mind - for election meddling in Georgia, at the federal level for declassified documents and then the Manhattan DA. HONIG: It’s a document setting forth formal charges against the defendant. There’s no presentation of defense evidence.Ĭlose to every time a prosecutor seeks an indictment from a grand jury, he or she will get an indictment from the grand jury. There’s no cross-examination of the prosecution’s evidence. In some instances, including New York, there’s a limited right of a potential defendant to present some evidence, but no defense lawyers are allowed in the room. Usually the only people allowed in the room at all are the grand jurors, the prosecutors, the witnesses and a court reporter. The other thing to know is a grand jury is an almost entirely one-sided process.
Timeedition for p trial#
But of course in a trial setting, you need to show proof beyond a reasonable doubt. In a grand jury, you only have to show probable cause, meaning more likely than not.
The standard of proof in a grand jury is lower than a trial jury. A trial jury determines guilt or non-guilt.Ī grand jury is bigger, typically 23 members, and the prosecutor only needs the votes of a majority of a grand jury - as opposed to a trial jury, which has to be unanimous. HONIG: A grand jury decides to indict, meaning to charge a case. WOLF: What should we know about the difference between a grand jury and a trial jury? Part of our conversation, conducted by phone, is below: We spoke to Elie Honig, a CNN legal analyst, former federal prosecutor and author of the new book, “Untouchable: How Powerful People Get Away With It,” for a refresher on how grand juries and indictments work. The 2024 election is fast approaching.įollowing the Manhattan grand jury's indictment of former President Donald Trump, it’s worth looking at the mechanics of what’s going on in the legal system and how the process that applies to everyone is being applied to Trump. But that is an open question that would have to work its way through the courts. 6 insurrection could perhaps be construed by some as a form of insurrection. Potential charges in Fulton County, Georgia, with regard to 2020 election meddling or at the federal level with regard to the Jan. Nor do potential federal charges with regard to classified documents. The indictment in New York City with regard to the hush-money payment to an adult-film star has nothing to do with rebellion or insurrection.
Term limits. The 22nd Amendment forbids anyone who has twice been president (meaning twice been elected or served part of someone else’s term and then won his or her own) from running again.
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