Potential for criminal indictment hangs over Trump campaign : NPR

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The potential for a criminal indictment hangs over Donald Trump’s presidential campaign while Joe Biden’s campaign is unofficially moving ahead apace.

SCOTT SIMON, HOST:

We now move to storm clouds in New York over Trump Tower. A source familiar with the investigation said the Manhattan District Attorney’s office has invited Donald Trump to testify before a grand jury next week. That’s where we start this weekend with Ron Elving, NPR senior editor, congressional correspondent. Morning, Ron.

RON ELVING, BYLINE: Good to be with you, Scott.

SIMON: Being invited to testify before a grand jury is not the same as being invited to an Oscar-watching party. Inviting the subject of an investigation to testify often precedes a criminal indictment. Help us read what’s going on here.

ELVING: The Manhattan DA has been investigating the financial dealings of the Trump Organization for years, as we know. But the focus of this week’s reports is the so-called hush money payment Trump made several years ago to Stephanie Clifford, also known as porn actress Stormy Daniels. That has happened over the years, as we speak. But it’s possible that new evidence or new witnesses will emerge that link it to possibly other things that we don’t yet know about.

This request to appear is more than respect. This is required by New York state law, and it gives the subject the opportunity to possibly deny the accusation. At the same time, no one expects Trump to try to do that. His lawyers will tell him, don’t do it; do not testify. And the indictment is expected to follow within weeks. And we should note that Trump also faces possible indictment in Georgia for trying to subvert the results of the 2020 presidential vote there. And there’s a federal prosecutor working on the Mar-a-Lago classified-documents case and the Jan. 6 riots at the Capitol. So there may be charges there too.

SIMON: Of course, Donald Trump has already been declared the candidate for the Republican nomination. Have we ever seen a criminal accused run for president? How exactly does that work?

ELVING: No one knows because no defendant in either a state or a federal case has ever been a serious contender for the White House, let alone a front-runner, let alone a former president. So that will obviously be fodder for Trump’s opponents in the primaries and beyond, and in the media. But he could go into the primaries and even the fall election with charges pending and still win the primary, still win in November. And Trump’s supporters have swallowed some bad stories about him in the past. It doesn’t seem to matter to many of them. In fact, it has been suggested that an indictment or two is really motivating for his hardcore backers and could be a source of sympathy among other voters.

SIMON: Meanwhile, the current president is showing every sign of running for re-election but hasn’t announced it. How does the president fill his free time when not running for president?

ELVING: Well, in running for president, in general. He travels the country, even the world, obtaining credit for infrastructure and energy conversion projects, associating himself with the strong job market. He made his budget for the coming financial year. And it is a political document. Congress will only pay attention to it.

And Biden is trying to set up a contrast between his kind of spending cuts and tax increases and the kind that Republicans in Congress prefer. And in case there was any doubt about that, the House Freedom Caucus had a news conference yesterday where they laid out their – essentially, their ultimatum for what it takes to get them to vote to raise the debt ceiling next that year. They have deep, deep cuts to federal programs that they want to see, where, obviously, Biden is focused elsewhere and wants to raise taxes on the rich. Another thing that Joe Biden is doing to run for president is that he is moving to the center on energy issues and also on crime.

SIMON: And help us understand the importance of something that’s going on, because there are – I don’t want to say too suddenly, but there are a number of health concerns in the US Senate, where, of course, the margin between the two the parties are very thin. John Fetterman of Pennsylvania – Mr. Fetterman – we’ve talked about this before – of course, is recovering from a stroke and now has current treatment for depression. And this week it was revealed that the minority leader, Senator Mitch McConnell of Kentucky, is being treated for a concussion.

ELVING: Yes. Now, we must note, of course, that the staff for both senators are talking about their recovery and return as soon as possible to the Senate. McConnell was up yesterday and telling some jokes. But we should also mention, that Dianne Feinstein was recently hospitalized for shingles, in her particular case.

This is a Senate without a real majority, Scott. There were three independents who voted with the Democrats. That makes them the majority. Any change in the lineup has enormous potential for a political tussle on Capitol Hill. And, of course, Mitch McConnell has been the leader of the Senate Republicans longer than anyone else. And if we don’t have Mitch McConnell, there will probably also be a scramble to find a new Republican leader in the Senate.

SIMON: Yes. NPR’s Ron Elving. Ron, thank you so much for joining us. And talk to you soon. Take care.

ELVING: Thanks, Scott.

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