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What prosecutors must prove in Trump's secret trial

What prosecutors must prove in Trump's secret trial

 


CNN-

Donald Trump will make history when he arrives in lower Manhattan Monday morning as the first former president to stand trial on criminal charges.

Despite a series of last-minute attempts to derail the trial, jury selection is expected to begin and will continue until a panel of 12 New Yorkers and alternates is seated, a process that could take at least a week .

This landmark trial focuses on a possible cover-up of a sex scandal that took place just days before the 2016 presidential election. Prosecutors say Trump falsified business records to hide reimbursement for secret payments made to influence the outcome elections. Trump has pleaded not guilty and denied having an affair with adult film star Stormy Daniels.

The case will pose a major test for Manhattan District Attorney Alvin Bragg, a Democrat, because it may be the only one of Trump's four criminal cases to go to a jury before Election Day. Trump will swap the campaign trail for the courtroom, where the presumptive Republican presidential nominee is expected to appear four days a week for the next two months.

The former president has used his court appearances to rally supporters for his campaign but, despite his showmanship, the stakes for Trump are high. Trump is charged with 34 counts of first-degree falsifying business records. If convicted, Judge Juan Merchan, the pragmatic judge overseeing the trial, could sentence Trump to probation or a maximum sentence of 1 1/3 to 4 years on each count in a state prison. State. A president does not have the power to pardon state crimes.

The trial will pit witnesses from Trump's inner circle against the former president, including his former lawyer and former fixer Michael Cohen, who pleaded guilty to federal campaign finance charges; longtime friend and former CEO of the company that published the National Enquirer, David Pecker, who executed catch-and-kill deals; and campaign confidante Hope Hicks.

He will also take the jury inside the Oval Office, where prosecutors say then-President Trump approved the cover-up involving the falsification of invoices, ledger entries and checks to reimburse Cohen for bogus legal services . And it may contain at least one audio recording of Trump and Cohen allegedly discussing a catch-and-kill deal.

Despite the salacious nature of the allegations, many of the testimonies will likely focus on mundane back-office record keeping. Prosecutors have said they could call 18 witnesses to introduce financial documents into the case if the two sides cannot agree on their authenticity.

Prosecutors must prove beyond a reasonable doubt that Trump falsified business records with the intent to commit or conceal another crime, but they do not have to prove that Trump committed that crime. The prosecution's theory is that the second crime could be a violation of federal and state election laws or state tax laws in how the Cohen reimbursement was handled.

Trump's lawyers have kept their defense close to the vest, but in court filings they have indicated they plan to attack Daniels and Cohen's credibility and portray them as liars motivated by grudges and money.

Its legal team is led by Todd Blanche and Emil Bove, two former New York federal prosecutors, and Susan Necheles, a seasoned criminal defense attorney with extensive experience in New York and before Merchan. Necheles represented Trump's company during his tax fraud trial in 2022. The company was found guilty.

Outside lawyers who have followed the case closely say Trump is likely to argue that the hush money payments are legal and distance him from the reimbursement system and accounting run by his trusted employees. They may also argue that the payments were made to avoid embarrassing Trump's family and not influence the election.

Trump's lawyers have said they plan to call at least two witnesses in their case: Bradley Smith, a former commissioner of the Federal Election Commission, and Alan Garten, the Trump Organization's top lawyer. Merchan limited the scope of Smith's testimony to describing the role and function of the FEC and defining certain terms, such as campaign contributions, but blocked him from testifying on whether the law had been violated in this case.

Trump could also testify in his own defense. He recently testified in two civil trials, after regretting not testifying in a previous civil trial, but the stakes are higher in a criminal case.

The doorman, the model and the porn star

The lawsuit dates back to the final days of the 2016 presidential election, when Stormy Daniels was about to go public with allegations that she had sex with Trump in 2006 at a golf tournament in Lake Tahoe. The Access Hollywood tape showing Trump on a hot mic talking explicitly about his propensity for groping women had just been released, sending panic into his campaign as it sought to limit the impact on female voters, prosecutors say .

Trump allies rushed to pay Daniels money to prevent him from speaking, according to the indictment.

It was the third “catch and kill” agreement after a key meeting at Trump Tower in August 2015 between Trump, Cohen and Pecker. At the meeting, held a month after Trump's candidacy was announced, Pecker allegedly agreed to be the campaign's eyes and ears to sniff out negative stories, according to the indictment .

In 2015, American Media, then publisher of the National Enquirer, paid a gatekeeper to bury a false story and the following year the publisher paid Karen McDougal, a former Playboy playmate who said they had a sexual relationship with Trump while he was married. , $150,000 for his silence and gave him two magazine cover stories.

Two months later, on October 7, the Access Hollywood tape was released. On October 27, 2016, Cohen wired the money to Daniels and 12 days later, Trump won the election.

Prosecutors say Trump agreed to reimburse Cohen, who worked out the details with Allen Weisselberg, the former longtime chief financial officer of the Trump Organization. As part of the alleged scheme, the Trump Organization paid Cohen $420,000 to reimburse him for payment, certain political work, taxes and a bonus. According to prosecutors, the Trump Organization noted on checks made to Cohen and in their books that the payments were legal fees pursuant to a retainer retainer.

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