A former federal prosecutor warned Saturday that former President Donald Trump‘s social media post sharing details of his expected arrest could see him denied bail.
Trump claimed on his Truth Social account that the Manhattan DA’s office will arrest him on Tuesday – and branded the probe ‘corrupt and highly political’, calling the alleged hush money payment an ‘old and fully debunked fairy-tale.’
Glenn Kirschner, an MSNBC legal analyst, has compared the all-caps rant to his posts leading up to the Capitol riot on January 6, 2021 – and said it could affect the terms of his release.
He speculated that a judge could interpret Trump’s post as an attempt to incite a crowd to riot – raising the specter of him being held behind bars to prevent him posting further inflammatory communications ahead of any trial.
‘I would slap a government exhibits sticker on this post and I would introduce it as his criminal trial,’ Kirschner explained.
‘He has now just given the judge that will preside over his arraignment hearing food for thought about what kind of conditions should be set for the release of this dangerous man pending trial,’ he added.
Glenn Kirschner, an MSNBC legal analyst, went on the network Saturday and compared the all-caps rant to his posts leading up to the Capitol riot on January 6, 2021 and said it could affect the terms of his release
Multiple times, Kirschner compared the comments to Trump’s posts ahead of January 6 and to when he told the Proud Boys to ‘stand back and stand by’ at a presidential debate.
The former president would have to be charged with a felony for him to spend any time behind bars, and there’s slim chance he’ll end up held in custody if the Manhattan DA ends up pursing a less serious misdemeanor charge.
Trump has in the past tried to get out in front of stories, as he did when the FBI raided Mar-a-Lago.
Speaking exclusively to DailyMail.com, former Trump ‘fixer’ Michael Cohen largely agreed with Kirschner’s sentiments.
‘Donald would have no reason to put out the statement unless he has been contacted by the DANY (District Attorney for New York) and advised accordingly,’ Cohen said.
‘Donald’s post is eerily similar to his battle cry prior to the January 6th insurrection; including calling for protest. By doing so, Donald is hoping to rile his base, witness another violent clash on his behalf and profit from it by soliciting contributions.’
A spokesperson for Trump mocked the idea that he was inciting anything and maintains the former president’s innocence in a statement.
‘There has been no notification, other than illegal leaks from the Justice Dept. and the DA’s office, to NBC and other fake news carriers, that the George Soros-funded Radical Left Democrat prosecutor in Manhattan has decided to take his Witch-Hunt to the next level.’
Trump claimed on his Truth Social account that the Manhattan DA’s office will arrest him within days and branded the probe ‘corrupt and highly political’, calling the alleged hush money payment an ‘old and fully debunked fairy-tale’
Former President Donald Trump (pictured right) posted angrily to Truth Social Saturday morning that he would be ‘arrested’ over his alleged $130,000 to porn star Stormy Daniels (pictured left) prior to the 2016 Presidential Election
He branded the investigators ‘corrupt and highly political’, calling the alleged hush money payment an ‘old and fully debunked fairy-tale
‘President Trump is rightfully highlighting his innocence and the weaponization of our injustice system. He will be in Texas next weekend for a giant rally. Make America Great Again!’
Speaker of the House Kevin McCarthy tweeted out a promise to investigate if Bragg’s actions were a subversion of democracy Saturday.
‘Here we go again – an outrageous abuse of power by a radical DA who lets violent criminals walk as he pursues political vengeance against President Trump,’ McCarthy wrote.
‘I’m directing relevant committees to immediately investigate if federal funds are being used to subvert our democracy by interfering in elections with politically motivated prosecutions.’
It comes more than six years after Trump’s lawyers paid Daniels a total of $130,000 to keep quiet about the affair, with New York prosecutors considering if he should face charges. Trump denies the affair and knowledge of the payments.
Stormy Daniels pictured with Donald Trump. The adult film actress, whose real name is Stephanie Clifford, claims they had an affair after they met in July 2006 at a celebrity golf tournament in Lake Tahoe (pictured)
Last week the former president and 2024 hopeful was invited to testify before a Manhattan grand jury, with his long-time fixer and former lawyer Michael Cohen (pictured) testifying on Monday
Trump claimed on his Truth Social account that the Manhattan DA’s office will arrest him within days and branded the probe ‘corrupt and highly political’, calling the alleged hush money payment an ‘old and fully debunked fairy-tale.’
If Trump’s claims about an imminent arrest are true, it would make him the first former president ever to face criminal charges. His post came hours after it was claimed Manhattan District Attorney Alvin Bragg was planning on indicting Trump next week.
Last week the former president and 2024 hopeful was invited to testify before a Manhattan grand jury, with his long-time fixer and former lawyer Michael Cohen testifying on Monday.
Cohen served jail time after pleading guilty in two criminal cases, one of which included using campaign finances in relation to Daniels and another woman who allegedly had an affair with Trump.
He said he had been acting at his command and that the payoffs were supposed to keep the affair stories out of public knowledge before the 2016 election. Trump has admitted reimbursing Cohen
Manhattan District Attorney Alvin Bragg (pictured) has been in charge of the case since his election in 2021
Daniels met with prosecutors on Wednesday to answer further questions in the case and her lawyer, Clark Brewster, said she would also make herself available as a witness in future, if required.
Cohen has also indicated he’s given the grand jury damning testimony that implicates Trump. He testified for three hours on Monday.
Speaking beforehand, he said: ‘This is all about accountability. He needs to be held accountable for his dirty deeds.’
Speculation that charges were imminent also increased when Bragg told Trump’s team that the former president could testify before the grand jury if he so chose -a notification usually at the end of a process that could mean an indictment is near.
Legal experts have said Trump could face one of two charges over the payments – but also concede that both would be difficult to prove.
He could be charged with falsifying business records if it’s alleged Trump knew his retainer agreement with Cohen was a sham to facilitate the payments. That would be a misdemeanor under New York law unless prosecutors prove records were falsified to conceal another crime, which would make it a felony.
That other crime could be that the payments violated state election law because the intention of the alleged pay off was to benefit his campaign.
Trump could face up to four years in prison on those charges.
Daniels met with prosecutors on Wednesday to answer further questions in the case and tweeted her thanks to her attorney for ‘helping me in our continuing fight for truth and justice’
Trump’s lawyer, Joseph Tacopina, also said this week that an indictment was ‘more probable’ because of the recent developments.
‘But the one thing I still hold on to is hope that justice will prevail,’ he said.
Tacopina also said he hopes Manhattan DA Alvin Bragg’s office ‘won’t stoop to the level of Mark Pomerantz, who was out there looking for a crime that fits the person.’
Tacopina referred to a memoir by former Manhattan Special Assistant District Attorney Mark Pomerantz, who led the office’s investigation into Trump for a year beginning in February 2021.
In a letter sent to the New York City’s Department of Investigation commissioner last Friday, Trump’s attorney accused Bragg and his predecessor, Cyrus Vance, Jr., of conducting a ‘politically motivated investigation.’
The prosecutors ‘weaponized’ their office, Tacopina wrote, ‘scouring every aspect of President Trump’s personal life and business affairs, going back decades, in the hopes of finding some legal basis — however far-fetched, novel or convoluted — to prosecute him.’
Vance has said ‘it is hard to argue the previous investigations were politically motivated’.