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Florida attorneys break down what's next in former president's case

President Donald Trump
Posted at 10:27 PM, Mar 30, 2023
and last updated 2023-03-31 05:48:58-04

TAMPA, Fla — When it comes to former President Donald Trump's indictment by a New York grand jury, we spoke to two Florida lawyers about how we got here and what's next.

First up, we talked about the possible charges.

At this point, details about the former president's indictment haven't been made public. Still, we know so far that it is tied to an investigation into alleged hush money payments that Trump asked his former lawyer to make to adult entertainment star Stormy Daniels.

Tampa attorney and WMU Cooley law professor Jeffrey Swartz said that the claim on its own is a misdemeanor, but that adds that it was likely upgraded to a felony.

"If it was done for the purposes of aiding and assisting his campaign, that is, to avoid Stormy Daniels going public during 2019, now it becomes a campaign contribution that was not reported," he said.

There's also a question about a possible arrest and court appearance. Florida Gulf Coast University law professor Pamella Seay said neither will happen until the former president is fully briefed on his charges.

"He will have to be notified and informed of what the charges are against him and until he's informed of that, he doesn't have to show up [to court]," she said.

Both attorneys tell us that Trump's attorney will likely file a motion to dismiss this case—but if that will stick is anyone's guess.

They can both agree that we all need to let due process play out.

"So, I think that we focus on what the law is and does and not on what we want it do," said Seay.

"People have to understand that no matter what, the former president of the united states is presumed innocent until proven guilty in the court of law," said Swartz.

At this point, we don't know if or when the former president makes a first appearance in court—both Seay and Swartz say Trump's lawyer can ask a judge to appear on his behalf.