Legal language can be confusing. With former President Donald Trump scheduled to be arraigned on Thursday afternoon in the Jan. 6 case, Google searches for “arraigned” and “arraignment” have climbed.
Trump was indicted by a grand jury in Washington, D.C., on Tuesday in connection with the Justice Department’s investigation into efforts to overturn the 2020 presidential election, including the Jan. 6, 2021, attack on the U.S. Capitol. An indictment is what formally charges a person with a crime. During the indictment proceeding, as we saw with Trump, a grand jury decides whether there is enough evidence that the defendant committed a crime to justify having a trial.
Neither an indictment nor an arraignment is the same as a conviction, and Trump will be presumed innocent unless he is proven guilty. A conviction would be if the formal decision, or verdict, of a trial jury or judge determines that he is guilty of a charged offense. The onus is not on Trump or his team to prove his innocence during a trial. Rather, it is the prosecution that bears the burden of proof to convince the jury, beyond a reasonable doubt, that Trump committed a crime.
Trump has denied wrongdoing in all these cases, and he remains the overwhelming favorite in polls for the GOP 2024 presidential nomination. The former president’s 2024 campaign has used the latest indictment as a fundraising opportunity, offering supporters who donate $47 an “I Stand With Trump” T-shirt featuring Tuesday’s indictment date.
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