Donald Trump is the first former U.S. president ever to be criminally prosecuted, pleading not guilty to 34 felony counts of forging business records. President Trump was charged with 34 felony counts of falsifying business records in a historic case involving allegations that he organized hush-money payments to two women prior to the 2016 U.S. election to prevent the publication of their sexual encounters with him.
Trump is charged with committing felonies, despite the fact that manipulating records is typically regarded as a lesser misdemeanor. This indicates a more serious offence, which could result in imprisonment if the maximum punishment is imposed. Trump, the first sitting or former U.S. president to face criminal charges, was accused by Manhattan prosecutors of concealing a breach of election rules during his successful 2016 campaign. The two women involved in Trump’s case of hush money payments are adult film actor Stormy Daniels and former Playboy model Karen McDougal.
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“At its core, this case today is one with allegations like so many of our white-collar cases,” New York City District Attorney Alvin Bragg said of the charges his office has brought against Trump. “Allegations that someone lied, again and again, to protect their interests and evade the laws to which we are all held accountable.”
The charges and Trump’s denial
All of the accusations relate to a $130,000 hush-money payment made by attorney Michael Cohen to adult film star Stormy Daniels just before the 2016 election to prevent her from discussing her 2007 affair allegations with Donald Trump.
The basis of New York’s case against Trump is Cohen’s compensation for these hush-money payments. In 2017, following his election as president, Trump met with Cohen at the White House. Shortly thereafter, and over the course of ten months, Trump began sending Cohen payments from a trust that managed his assets, and then from his personal bank account. These cheques were recorded as “legal fees,” but according to Cohen, they were reimbursements for the hush-money payment.
When asked by the judge how he pled in court, Trump, 76, said, “Not guilty.” When asked if he understood a right, Trump, the front-runner for the Republican nomination in 2024, provided affirmative responses like “yes.”
Breaching election laws by falsifying the nature of payment
Attorney Bragg asserts that the former president lied about the exact nature of the payments because they were made to assist criminal activity. While hush-money payments are not unlawful in and of themselves, it is a violation of federal campaign finance law to spend money on a presidential campaign without revealing it. Cohen was found guilty of this crime for not revealing his payment to Daniels. Bragg claims that by reimbursing Cohen for this payment, Trump is linked to this criminal act, which makes his falsification of business records a more serious offence.
Bragg claims two further cases of Trump’s campaign paying hush money. According to him, these payments strengthen the prosecution’s claim that Trump knew his payments to Cohen were part of an illegal effort to influence the 2016 presidential race.
“The defendant orchestrated a scheme with others to influence the 2016 presidential election by identifying and purchasing negative information about him to suppress its publication and benefit the defendant’s electoral prospects,” the indictment’s Statement of Facts asserts. “In order to execute the unlawful scheme, the participants violated election laws and made and caused false entries in the business records of various entities in New York.”
One doorman who claimed to know that Trump had an illegitimate child received $30,000 for his testimony. A second lady who claimed to have had an affair with Trump was awarded $150,000. Trump has denied any involvement in the affair. These payments came from the tabloid National Enquirer and its then-publisher, David Pecker, who Bragg claims coordinated with Trump to suppress potentially harmful information. The indictment states that Pecker was invited to Trump’s inauguration as a reward.
Trump names the charge as “election interference”
Trump characterized the prosecution in New York as electoral interference. Trump stated, “I never thought anything like this could happen in the United States.” “The only crime that I’ve committed has been to fearlessly defend our nation against those who seek to destroy it.
“Trump faces a separate criminal probe by a county prosecutor in Georgia into whether he unlawfully tried to overturn his 2020 election defeat in the state. In addition, the U.S. Justice Department is conducting two investigations led by a special counsel into his efforts to overturn the results of the 2020 presidential election and his handling of secret documents after leaving office.
Trump stated, “They can’t beat us at the ballot box, so they try to beat us through the law.”
Trump’s lawyers try to dismiss the case
Trump’s attorneys assert that the New York case is “ripe for motions” and have vowed to challenge the charges against him within days. Motions are motions for the court to rule on a case-related issue before the trial begins. A “move to dismiss” is a request for the court to dismiss all or part of a case. Typically, defense attorneys have 45 days after arraignment to file motions, but Judge Juan Merchan may grant them a bit more time.
Attorney Joe Tacopina told CNN that the Trump legal team would “evaluate all our legal options and pursue every one most vigorously”. “The team will look at every, every potential issue that we will be able to challenge, and we will challenge,” he said. “And, of course, I very much anticipate a motion to dismiss coming because there’s no law that fits this.
“In addition to a motion to dismiss, the Trump team has floated the possibility of a motion to transfer venue – moving the trial from Manhattan to nearby Staten Island. Trump said on social media that Manhattan is a “very unfair” location for his trial because “with some areas that voted 1% Republican.” Nonetheless, venue transfer motions are rarely granted.
What’s next?
Trump might face criminal charges in at least two more situations, including an investigation by a special counsel into his efforts to overturn the 2020 election and his management of confidential material after leaving office. But, there are no rules prohibiting an indicted Citizen from running for president, and the Republican will likely continue organizing his third consecutive presidential campaign.
The judge scheduled the next court date for December 4. According to legal experts, a trial may not even begin for a whole year. Legally, neither an indictment nor a conviction would bar Trump from running for president. Each of the first-degree felony counts of fabricating company records carries a potential prison penalty of four years. The ex-president faces a total of 136 years in prison, although if convicted at trial and sentenced to prison, he would certainly serve a far shorter term.
