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Donald Trump is on trial accused of falsifying business records as part of an alleged scheme to bury stories that he thought might hurt his presidential campaign in 2016.

The former president, who is facing 34 counts of falsifying business documents to cover up a $130,000 (£102,000) payment to porn star Stormy Daniels, denies all charges and says he never had sex with the adult film star.

The case in New York is the first of four criminal cases against him to go to trial, and marks the first time a former president has faced criminal charges.

It is unlikely the remaining three cases will go to trial before the November election.

With the hush money trial coming to a close, Sky News takes a look at what could happen to Mr Trump’s quest for reelection if he is convicted.

Can Trump still run for president if he’s convicted?

Yes. The US Constitution sets out three main requirements for being eligible to become president – and none of them reference being a convicted criminal.

Candidates must have been born in the US, be over 35, and have lived in the US for at least 14 years.

“Nothing prevents him from running for president and being elected, even if he is in jail at the time of the election,” Elizabeth Wydra, president of the progressive Constitutional Accountability Centre, told the LA Times.

That’s despite people with a felony conviction – a crime that can be punished by a year or more in prison – not being allowed to vote in some states.

Republican presidential candidate and former U.S. President Donald Trump attends a rally ahead of the New Hampshire primary election in Manchester, New Hampshire, U.S. January 20, 2024. REUTERS/Kevin Lamarque
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Pic: Reuters


But what if he were to be elected while in prison?

This is a little more complicated, firstly because it’s not clear if Mr Trump will be sent to prison anyway in the event of a guilty verdict.

The convictions would be class E felonies in New York, the lowest tier in the state, with each carrying a maximum sentence of four years.

In choosing the sentence, the judge would have to take into account Mr Trump’s age – he’s now 77 – his lack of previous criminal convictions, and the fact that the case involves a non-violent crime.

Even if the judge, Justice Juan Merchan, opted for a custodial sentence in the event of a conviction, it would be likely Mr Trump would appeal the guilty verdict – and expect to be on bail until that hearing.

Stormy Daniels in Manhattan in 2018. Pic: AP
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Stormy Daniels in Manhattan in 2018. Pic: AP

That process could go all the way to the Court of Appeals, and, importantly for Mr Trump, could drag on for months, possibly even past November’s election.

If Mr Trump were to be elected while serving time, the situation becomes more complicated still, with even constitutional experts unsure.

“It’s just guessing,” Erwin Chemerinsky, a constitutional law expert at the University of California, Berkeley, told the New York Times earlier this year.

“We’re so far removed from anything that’s ever happened.”

Justice Juan Merchan scolds witness Robert Costello as he momentarily clears the courtroom during former U.S. President Donald Trump's criminal trial on charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016, in Manhattan state court in New York City, U.S. May 20, 2024 in this courtroom sketch. REUTERS/Jane Rosenberg
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A court sketch of Justice Juan Merchan. Pic: Reuters

Could power transfer to the vice president?

In theory, experts say, there is nothing to stop Mr Trump from taking office, even if he were to be behind bars.

There is a provision – the 25th Amendment of the US Constitution – which provides a process to transfer authority to the vice president if the president is “unable to discharge the powers and duties of his office”.

However, that would require the approval of the vice president and members of Mr Trump’s cabinet – who will have been hand-picked by him and will no doubt be loyalists.

It is more likely, experts say, that Mr Trump would look to sue for his release or seek a pardon to allow him to govern.

How would a guilty verdict impact the election?

Opinion polls suggest a guilty verdict could pose a significant political danger for Mr Trump.

In an April poll, one in four Republicans said they would not vote for Mr Trump if he was found guilty in a criminal trial.

In the same survey, 60% of independents said they would not vote for Mr Trump if he was convicted of a crime.

What do the experts say about its potential impact?

Whit Ayres, a Republican pollster, said he doubted a quarter of Republicans would actually shun Mr Trump – but he said even a small number being turned off by a guilty verdict could help Joe Biden in a close election.

He said the nature of the New York case, which was brought by a Democratic prosecutor and relies on untested legal strategies, would help Mr Trump and fellow Republicans frame a guilty verdict as a political hit job.

“If I were trying to design a court case that would be easy for Republicans to dismiss as a partisan witch hunt, I would design exactly the case that’s being brought in New York,” he said.

Republican presidential candidate and former U.S. President Donald Trump speaks to the media, as his criminal trial over charges that he falsified business records to conceal money paid to silence porn star Stormy Daniels in 2016 continues, at Manhattan state court in New York City, U.S., April 22, 2024. REUTERS/Brendan McDermid/Pool
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Donald Trump speaks to the media during his trial. Pic: Reuters

Republican consultant Tricia McLaughlin said she thought a guilty verdict would have a psychological impact on Mr Trump because he hates losing.

It would also likely mean financial resources are diverted to legal bills because he would almost certainly appeal, she added.

Analyst Bill Galston said he didn’t expect a guilty verdict would have a significant impact on the presidential race.

“In the end, this amounts to lying about sex. I think the view probably of the majority of Americans is that everybody lies about sex,” said Mr Galston, who has worked on Democratic presidential campaigns.

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Have convicted criminals run for president before?

At least two candidates with criminal convictions have run for president in the past – although neither successfully.

Eugene Debs ran for president from prison in 1920, getting almost a million votes without ever hitting the campaign trail.

In 1992, Lyndon LaRouche also ran from behind bars while serving a 15-year sentence for mail fraud. He received about 26,000 votes.

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Donald Trump can seek dismissal of hush money case as sentencing postponed

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Donald Trump can seek dismissal of hush money case as sentencing postponed

A judge has postponed sentencing in Donald Trump’s hush money case and granted permission for his lawyers to seek a dismissal.

It comes after the Manhattan district attorney said he wouldn’t oppose a motion to delay the sentencing.

In May, a New York jury found Trump guilty of 34 counts of falsifying business records to commit election fraud.

It was the first time a US president had been convicted of or charged with a criminal offence.

Trump had tried to cover up “hush money” payments to a porn star in the days before the 2016 election.

When Stormy Daniels claims of a sexual liaison threatened to upend his presidential campaign, Trump directed his lawyer to pay $130,000 (£102,000) to keep her quiet.

The payment buried the story and he later won the presidency.

Trump denied the charges and said the case was politically motivated. He also denied the sexual encounter took place.

New York State Supreme Court Justice Juan Merchan today delayed the sentencing, which had been due to take place on Tuesday.

Stormy Daniels. Pic: AP
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The New York case revolved around payments to Stormy Daniels. Pic: AP

The office of district attorney Alvin Bragg had asked the judge to postpone all proceedings until Trump finishes his four-year presidency, which starts on 20 January.

Trump’s lawyers say the case should be dismissed because it will create “unconstitutional impediments” to his ability to govern.

Responding to Friday’s decision, a Trump campaign spokesman said: “The American People have issued a mandate to return him to office and dispose of all remnants of the Witch Hunt cases.”

The judge set a 2 December deadline for Trump’s lawyers to file their motion, while prosecutors have until 9 December to respond.

He did not set a new date for sentencing or indicate when he would rule on any motion to throw out the case.

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Even before Trump’s win in this month’s election, experts said a jail term was unlikely and a fine or probation more probable.

But his resounding victory over Kamala Harris made the prospect of time behind bars or probation even less likely.

Trump, 78, was also charged last year in three other cases.

One involved him keeping classified documents after he left office and the other two centre on alleged efforts to overturn his 2020 election loss.

A Florida judge dismissed the documents case in July, the Georgia election case is in limbo, and the Justice Department is expected to wind down the federal election case as it has a policy of not prosecuting a sitting president.

Trump last week nominated his lawyers in the hush money case, Todd Blanche and Emil Bove, for senior roles in the Justice department.

When he re-enters the White House, Trump will also have the power to shut down the Georgia and New York cases.

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Pam Bondi: Key proponent of Trump’s false 2020 election claims set to head justice department after Gaetz withdrawal

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Pam Bondi: Key proponent of Trump's false 2020 election claims set to head justice department after Gaetz withdrawal

Donald Trump has pledged for years to surround himself with ultra-loyalists who can mould his government to his vision without barriers. 

That’s precisely why he picked Matt Gaetz. Now he’s out, Pam Bondi is in and she’s equally loyal.

Gaetz was uniquely unpopular on Capitol Hill but ultra-MAGA and ultra-loyal to the president-elect.

He was chosen by the president-elect to do his bidding inside the Justice Department as attorney general.

Critics called his pick “a red alert moment for democracy” and the man a “gonzo agent of chaos” – language that would surely only affirm Trump’s decision in his own proudly disruptive mind.

FILE...Rep. Matt Gaetz, R-Fla., appears before the House Rules Committee at the Capitol in Washington, Friday, Sept. 22, 2023.  (AP Photo/J. Scott Applewhite, File)
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Matt Gaetz has withdrawn despite Trump putting him forward for attorney general. Pic: AP

If it wasn’t for the fact that the president-elect is himself a convicted felon, and a man found liable in a civil court of his own sexual offences, the prospect of Gaetz, with all his baggage, making it through the nomination process would have seemed remote.

But Donald Trump’s return to the White House suggested anything is possible.

And so, beyond his loyalty, Gaetz was Trump’s test for his foot soldiers on Capitol Hill. How loyal were they? Would they wave through anyone he appointed?

It turns out that Gaetz, and the storm around his private life, was too much for a proportion of them.

At least five Senate Republicans were flatly against Matt Gaetz’s confirmation. We understand that they communicated to other senators and those close to Trump that they were unlikely to be swayed.

They included the Republican old guard like Senator Mitch McConnell.

Beyond the hard “no” senators, there were between 20 and 30 other Republicans who were very uncomfortable about having to vote for Gaetz on the Senate floor.

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Trump pick Matt Gaetz withdraws

The key question is whether Gaetz was Trump’s intentional wild card crazy choice that he knew, deep down, would probably never fly.

Was Gaetz the candidate he had accepted would be vetoed by senators – who would then feel compelled to wave the rest of his nominees through?

Will Pete Hegseth’s alleged sexual impropriety concern them as they consider the suitability of the former Fox News host and army major to run the Department of Defence?

What about Tulsi Gabbard, the candidate Russian state TV calls ‘our girl’, and the appropriateness of her running America’s intelligence agencies?

These are all appointments that the politicians on Capitol Hill must consider and confirm in the weeks ahead.

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We don’t yet know who Trump will choose to direct the FBI.

There are some names being floated which will make the establishment of Washington shudder but then that’s precisely why Trump was elected. He is the disrupter. He said so at every rally, on repeat.

He was quick to pivot to another name to replace Gaetz.

Bondi is the former attorney general of Florida. Professionally she is in a different league to Gaetz. She’s been a tough prosecutor, with a no-nonsense reputation.

She is also among the most loyal of loyalists. Her attachment to Trump stretches way back.

Pam Bondi speaks during a Trump rally in November 2024. Pic: Reuters
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Pam Bondi speaks during a Trump rally in November 2024. Pic: Reuters

I first came across her in Philadelphia in November 2020 when she was among Trump surrogates claiming the election back then had been stolen from them by Joe Biden and the Democrats.

She was a key proponent of the false claims the election had been rigged and Trump was the rightful winner.

The court cases concluding that was all nonsense didn’t seem to convince her.

Now she is poised to head up the Department of Justice as the country’s top law enforcement official.

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Donald Trump on day one: Pace of change ‘like nothing you’ve seen in history’, warns campaign official

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Donald Trump can seek dismissal of hush money case as sentencing postponed

Within hours of taking office, president-elect Donald Trump plans to begin rolling out policies including large-scale deportations, according to his transition team.

Sky News partner network NBC News has spoken with more than half a dozen people familiar with the executive orders that his team plans to enact.

One campaign official said changes are expected at a pace that is “like nothing you’ve seen in history”, to signal a dramatic break from President Joe Biden’s administration.

Mr Trump is preparing on day one to overturn specific policies put in place by Mr Biden. Among the measures, reported by sources close to the transition team, are:

• The speedy and large-scale deportations of illegal immigrants

• Ending travel reimbursement for military members seeking abortion care

• Restricting transgender service members’ access to gender-affirming care

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But much of the first day is likely to focus on stopping illegal immigration – the centrepiece of Trump’s candidacy. He is expected to sign up to five executive orders aimed at dealing with that issue alone after he is sworn in on 20 January.

“There will without question be a lot of movement quickly, likely day one, on the immigration front,” a top Trump ally said.

“There will be a push to make a huge early show and assert himself to show his campaign promises were not hollow.”

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Donald Trump ally Matt Gaetz has withdrawn his name from consideration to be the next US attorney general.

But Mr Trump’s campaign pledges also could be difficult to implement.

Deporting people on the scale he wants will be a logistical challenge that could take years. Questions also remain about promised tax cuts.

Meanwhile, his pledge to end the war between Russia and Ukraine in just 24 hours would be near impossible.

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Even so, advisers based at Mr Trump’s Mar-a-Lago resort or at nearby offices in West Palm Beach, Florida, are reportedly strategising about ending the wars in Ukraine and the Middle East.

Following his decisive victory on 5 November, the president-elect has moved swiftly to build a cabinet and senior White House team.

As of Thursday, he had selected more than 30 people for senior positions in his administration, compared with just three at a similar point in his 2016 transition.

Stephen Moore, a senior economic adviser in Mr Trump’s campaign, told NBC News: “The thing to realise is Trump is no dummy.

“He knows he’s got two to three years at most to get anything done. And then he becomes a lame duck and we start talking about [the presidential election in] 2028.”

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