Prosecutors attempt artistic techniques on a regular basis, and generally they work. However some specialists fear {that a} case involving a former president will not be the time for artistic techniques. “Is that this actually the case the place you need to be stepping out on a limb legally or factually in your prices, given the burden of this politically, socially, culturally and for democracy?” mentioned Rebecca Roiphe, a professor at New York Legislation Faculty and a former prosecutor.

Is there precedent?

Presidents have gotten in authorized bother earlier than. Many historians consider Richard Nixon would have been charged over the Watergate scandal had his successor, Gerald Ford, not pardoned him. And Invoice Clinton, in a deal to keep away from prosecution after he left workplace, admitted to mendacity beneath oath about his affair with Monica Lewinsky, paid a superb and agreed to surrender his regulation license.

Trump additionally faces different investigations — into his involvement within the Jan. 6 assault on the U.S. Capitol, his efforts to overturn the 2020 election and his dealing with of labeled paperwork.

There may be additionally one much less critical instance of a president being arrested: A Washington, D.C., police officer arrested Ulysses S. Grant in 1872 for rushing in his horse and buggy earlier than letting him go.

Will it stick?

Inventive authorized techniques are inherently dangerous. Courts sometimes draw on previous circumstances to resolve present ones. However Trump’s case is the primary of its variety, each by way of charging a former president and doubtlessly making an attempt a brand new authorized technique.

It additionally has weaknesses. In 2012, federal prosecutors dropped prices towards John Edwards, a former Democratic presidential candidate, after jurors voted to acquit him of 1 cost and deadlocked on others. In that case, prosecutors argued Edwards violated federal marketing campaign finance legal guidelines to pay for a scheme to cowl up an affair. The jury evidently didn’t consider there was sufficient proof to tie Edwards to the scheme.

In Trump’s case, some situations do favor the prosecution. It can come earlier than a decide and jury in a really Democratic metropolis. And the decide who is predicted to preside over the case, Juan Merchan, beforehand oversaw the conviction of Trump’s household enterprise.