The Margin: Why was Trump indicted? And who is Stormy Daniels, again?

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So, what’s the story with former President Donald Trump getting indicted, likely over hush-money payments to two women — one of them a porn star and the other a former Playboy bunny — who claim to have had sexual encounters with the then–future president years earlier?

It’s been more than six years since Trump’s lawyer, Michael Cohen, paid off two women who alleged that they’d had extramarital dalliances with the reality TV–star–turned–president. These payments came during Trump’s 2016 presidential campaign, and Cohen served prison time after pleading guilty in 2018 to federal charges, including campaign-finance violations, for arranging the payments. Trump has denied any wrongdoing, including having had the extramarital sexual encounters.

Well, then … case closed, right?

Apparently not. Trump last week claimed that his arrest was imminent as a New York grand jury investigated those hush-money payments. And on Thursday, he became the first former president to ever be indicted. But it’s been a minute since 2016, and you could be forgiven for being rusty on the details, or wondering why this is coming back to bite Trump now.

And: Trump indictment draws ‘lock him up’ cheers and ‘it is un-American’ jeers online

Now, the indictment has yet to be unsealed, so the specifics of the charges aren’t immediately clear. But the Manhattan district attorney has alleged that Trump, in his role in the hush-money payments, broke the law. So here’s a quick recap of what happened years ago.

Who is Stormy Daniels, and who paid her in 2016?

Stephanie Clifford, whose stage name is Stormy Daniels, is an adult-film star who has alleged she had a sexual encounter with Trump during his “The Apprentice” days. Trump’s lawyer, Cohen, paid her $130,000 through a shell company to keep the alleged encounter quiet. And Cohen was reimbursed by Trump, whose Trump Organization put the payment down as a legal expense.

And this wasn’t the only such payout. Earlier in 2016, Playboy model Karen McDougal had claimed she had a longer-running affair with Trump. But Cohen arranged for McDougal to be paid $150,000 by the National Enquirer’s publisher for the rights to her story — which the tabloid then suppressed until after Trump won the 2016 election.

And Cohen pocketed $360,000 plus a $60,000 bonus, for a total of $420,000.

So, what’s legally problematic about these hush-money payments?

In Cohen’s case, the Trump Organization “grossed up” Cohen’s reimbursement for the Daniels payment for “tax purposes” — according to federal prosecutors who filed criminal charges against Cohen in connection with the payments in 2018. (This means they increased the payment to Cohen to cover the taxes he would owe on the reimbursed funds as income.)

Cohen pleaded guilty to violating federal campaign-finance law in connection with the payments. Federal prosecutors said the payments amounted to illegal, unreported assistance to Trump’s campaign — but they didn’t file charges against Trump.

But now it appears Manhattan District Attorney Alvin Bragg’s team has been looking at whether Trump or anyone committed crimes in arranging the payments, or in the way that they accounted for the payments internally at the Trump Organization. Legal experts have said that prosecutors could make the case that Trump falsified business records by putting Cohen’s hush-money payment to Daniels down as a legal cost. This would be a misdemeanor — unless prosecutors could prove that it was done to conceal another crime.

Cohen said that Trump told him to arrange the Daniels payment. He recorded a conversation between him and Trump in which they spoke about arranging to pay McDougal through the National Enquirer. Trump has denied wrongdoing.

No other former U.S. president has ever been charged with a crime. A Justice Department memorandum, as special counsel Robert Mueller observed in 2019, effectively bars criminal charges against a president while in office.

Is Trump getting arrested?

Again, the exact charges against the former president are unknown.

But now that he has been indicted, Trump is widely expected to travel to Manhattan to face the charges. He would only be arrested if he refused to surrender. And his lawyers have said that he would likely agree to surrender at a New York Police Department precinct or at the Manhattan D.A.’s office, rendering toothless a Thursday statement from Gov. Ron DeSantis that Florida would not participate in any intranational extradition of Trump to New York.

Also see: DeSantis digs at Trump over possible arrest and ‘porn star hush-money payments’

As spokesperson for the Manhattan district attorney said in an emailed statement on Thursday night: “This evening we contacted Mr. Trump’s attorney to coordinate his surrender to the Manhattan D.A.’s Office for arraignment on a Supreme Court indictment, which remains under seal. Guidance will be provided when the arraignment date is selected.”

There were also news reports that Trump would turn himself in next week, and, in an email to MarketWatch, one of Trump’s lawyers said that his arraignment is expected to take place Tuesday.

Trump called the indictment “political persecution and election interference at the highest level,” in a statement and accused Democrats of “cheating” and “weaponizing our justice system.”

For more information about Trump’s possible arrest, and what would come next:

Donald Trump has been indicted. Could he still run for president?

Who is Alvin Bragg, the Manhattan D.A. who may be set to bring charges against Donald Trump?

Trump has called for protests if he’s indicted. Reaction from supporters has been muted. Here’s why.

Associated Press reporting contributed.