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Here's what you need to know

 


Former President Donald Trump is expected to appear in New York County Supreme Court on Monday in the nation's first criminal trial against a former sitting president. Trump pleaded not guilty last year to a 34-count indictment that alleged the former president falsified business records in New York to hide damaging information in the weeks before the presidential election from 2016.

Manhattan District Attorney Alvin Bragg filed the complaint, alleging that Trump conspired to illegally influence the election by attempting to hide cash payments made to two women who claimed they had sex with him. While Trump has called the indictment “political persecution,” jury selection will begin Monday, more than a year after the first charges were filed against him.

The trial is expected to last six to eight weeks. The move could have major implications for the 2024 presidential election, as polls have consistently shown that a criminal conviction could torpedo Trump's chances.

Here's everything you need to know about the historic trial.

What the case is about:

The New York criminal case involves a $130,000 payment to adult film star Stormy Daniels and a $150,000 payment to former Playboy model Karen McDougal in the weeks before the presidential election of 2016. Former Trump lawyer and fixer Michael Cohen pleaded guilty in August 2018 to campaign finance violations and other charges. He implicated the former president, claiming Trump ordered him to arrange secret payments to avoid damage to his White House campaign.

Bragg claims that Cohen's reimbursements were falsely reported in internal company records as legal fees when in reality the money was a campaign expense designed to keep Daniels and McDougal silent about their alleged affairs.

Falsifying business records is generally a misdemeanor under New York law, but it can become a Class E felony – New York State's lowest misdemeanor – when there is an “intent to defraud” and that prosecutors can prove that the defendant intended to “commit another crime.” or to aid or conceal” another crime. Editor's Choice

Bragg alleges that the payments represent violations of New York election law, which makes it a crime to conspire to promote a candidate by “unlawful means.” Bragg also claims the secret payments violated federal election laws by exceeding campaign contribution limits and further violated state tax laws.

Trump's legal team has denied the claims, saying Trump would have made the payments whether or not he was running for president. Trump claims the lawsuits are politically motivated and designed to harm his bid for the White House in 2024. His legal team's long-standing strategy of delay, deny and deflect has been challenged in this case given that Cohen has already pleaded guilty to violating federal campaign finance and federal and state tax laws for the same payments, giving prosecutors a clear line of proof. follow.

Last week, an appeals judge rejected Trump's request to delay the trial at the last minute. Trump's lawyers say the judge presiding over the case, Judge Juan Merchan, is biased because of his daughter's work at a Democratic consulting firm, and have requested the judge's recusal. His lawyers are seeking a change of venue and lifting of the silence that prevents Trump from publicly commenting on the judge's and Bragg's families, and also prohibits him from making comments about witnesses, prosecutors, court staff and jurors.

Merchan cited a review by a state ethics board proving he was not ethically compromised, a review he requested last year after Trump's legal team initially requested his recusal. He also cited Trump's history of making “threatening, inflammatory and disparaging” remarks from those involved in his legal affairs. Several of Trump's lawyers and political aides are actively working to prevent Trump from engaging in courtroom theatrics when his political opponents take the witness stand, Rolling Stone reported last month. Related

Trump tested the silence order in the run-up to the trial. In a series of posts this weekend, the former president commented on both Cohen and Mark Pomerantz, a lawyer who wrote the book “People Vs. Donald Trump” and a former prosecutor in the Manhattan district attorney's office. Both are expected as witnesses at the upcoming trial.

“Has Mark POMERANTZ been prosecuted for his terrible actions inside and outside of the DA's office. Was disgraced lawyer and criminal Michael Cohen prosecuted for LIAR? Only TRUMP people are being sued by this judge and these thugs! Trump posted.

Trump separately released a photo of a document signed by Stormy Daniels denying she had an affair with him. In a 2018 interview with Anderson Cooper, Daniels said she “felt intimidated and…honestly intimidated” by her lawyers into signing the document.

For Bragg to pursue the case, he will have to prove the alleged crimes committed in his jurisdiction. If the prosecutor can't prove it, the court can dismiss the case and ask Bragg to file more specific charges. The trial is expected to begin Monday with jury selection.

Trump's other legal woes:

The secret trial is the first of four pending criminal cases involving Trump. In Georgia, Trump was indicted in August 2023 on racketeering, conspiracy and other charges following a two-year investigation by Fulton County Prosecutor Fani Willis into alleged efforts by Trump and 18 more people to overturn President Joe Biden's 2020 victory.

Special Counsel Jack Smith is investigating Trump in two separate matters: his handling of classified documents at Mar-a-Lago and his actions leading up to the deadly riot at the U.S. Capitol on January 6, 2021. Trump has been charged of 40 crimes. indictment in the federal records case and four counts in the federal election interference case.

The money secrecy case is the only criminal case expected to reach a verdict before the 2024 presidential election. U.S. District Judge Tanya Chutkan had initially set the start date for the federal election interference trial to March 4, but had granted a request from Trump's legal team to push back the start beyond April 22, when SCOTUS will hear arguments on whether the former president has immunity for his alleged conduct. committed while he was still in office.

Trump is appealing the verdicts in two civil lawsuits filed against him earlier this year. The former president posted $91.6 million bail as he appeals the Jan. 26 verdict in E's defamation case. John Carroll. Trump also posted $175 million bail as he appeals a Feb. 16 verdict in a civil fraud trial that found Trump, his company and its executives, including his sons Eric and Donald Trump Jr., had overvalued his properties and inflated his net worth by billions. dollars on the financial statements.

Jury selection and progression:

Trump's legal team says the former president is unable to get a fair trial in Manhattan, pointing to a survey they commissioned of 2,000 New Yorkers that shows Trump's lack of favor among The residents of the city. “We are here for this reprieve because there are restrictions that cannot operate constitutionally in a trial environment,” Trump lawyer Emil Bove argued last week before a judge ruled. The appeal does not deny the request for change of venue.

Bragg's office will need to find 12 jurors capable of impartially judging whether the former president committed a crime. Questions for jury selection were released last week, ranging from where potential jurors get their news to whether they have been employed or volunteered for the Trump campaign. The jury questionnaire also asks whether the prospective juror has ever attended a pro- or anti-Trump protest or follows pro- or anti-Trump social media accounts. Tendency

One of the questions asks whether the potential juror has been a supporter of or belonged to any of the following “groups”: QAnon, Proud Boys, Oathkeepers, Three Percenters, Boogaloo Boys or Antifa. The top five are right-wing activist movements or groups – here's a breakdown of some of them – while Antifa is an anti-fascist and anti-racist political movement. People are also asked if they have read books written by Trump, Cohen or Pomerantz.

The prosecution is looking for people who are highly educated, willing to understand election law and willing to review evidence. The defense is looking for those who will sympathize with the former president. Trump's lawyers are expected to once again request a change of venue during jury selection, saying Trump cannot have a fair and impartial trial in the Democratic stronghold county. Due to the high-profile nature of the case, jury selection could take time as the judge will attempt to ensure that each juror is fair and impartial.

Sources

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2/ https://www.rollingstone.com/politics/politics-features/trump-criminal-trial-new-york-begin-1235003947/

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