Prosecution of Donald Trump in New York

Prosecution of Donald Trump in New York
The People of the State of New York v. Donald J. Trump is a pending criminal case against Donald Trump, the 45th president of the United States. On March 30, 2023, Trump was indicted by a Manhattan grand jury for his alleged role in a scandal relating to hush money payments made to the pornographic film actress Stormy Daniels before the 2016 U.S. presidential election, making him the first U.S. president to be indicted. Trump faces 34 felony charges of falsifying business records in the first degree, carrying a maximum sentence of 136 years if Trump is convicted on all counts.
Trump traveled from his residence in Florida to New York City on April 3 where he surrendered to the Manhattan District Attorney's office on the afternoon of April 4. After his arraignment, he immediately returned to Florida. The next in-person hearing is set for December 4 in New York. Trial was set for March 25, 2024.
Throughout the investigation that led to the indictment, Trump accused district attorney Alvin Bragg—the case's prosecutor—of having political motivations. Months before he was indicted, Trump declared that he would run in the 2024 presidential election. Neither the indictment nor any resulting conviction would disqualify his candidacy.
Background
Stormy Daniels–Donald Trump scandal
In July 2006, Stormy Daniels, an American pornographic film actress, met Trump at a celebrity golf tournament in Nevada. At the time, Trump was the host of the reality TV series The Apprentice and was married to Melania Trump. Their son, Barron Trump, had been born four months earlier. According to Daniels, Trump invited her to his penthouse at Harrah's Lake Tahoe where the two had sex and talked about making her a guest on The Apprentice. In 2011, Daniels considered selling the story to the celebrity magazine Life & Style for as Trump began exploring a potential presidential bid. His lawyer, Michael Cohen, threatened to sue Life & Style when it asked the Trump Organization for comment. Daniels' agent, Gina Rodriguez, leaked the story to gossip blog The Dirty in October. The post was taken down following complaints by Trump's lawyers, and Daniels disputed the story's veracity.
As Trump's 2016 presidential campaign began, Rodriguez approached multiple publications—including the National Enquirer—and attempted to sell the story. Following the publication of a lewd tape between Trump and the television host Billy Bush, the National Enquirer bought the story in October 2016. In an effort to help the Trump campaign, the National Enquirer sought to suppress the story. Rather than paying Daniels, the National Enquirer editor-in-chief Dylan Howard negotiated a $130,000 non-disclosure agreement between Daniels and Cohen. As the election neared, Cohen attempted to find the money and repeatedly delayed her payment. Keith Davidson, Daniels's lawyer, canceled the deal in October 2016. Realizing that his work to cover up the story could be revealed, Cohen drew the money from his home equity line of credit and sent it through a shell company incorporated in Delaware.
Trump initially denied knowing about the check made out to Daniels. In April 2018, aboard Air Force One, he told a reporter he did not know where Cohen got the money. Rudy Giuliani, an attorney for Trump, refuted these claims in a Fox News interview, saying that Trump was aware of the payments. Trump wrote several checks, totaling $420,000 to Cohen. The checks reimbursed him for the non-disclosure agreement and covered the costs for Cohen to manipulate online polls to boost Trump's status. The $180,000 paid to Cohen was doubled to offset taxes, and $60,000 was added. These payments were made throughout 2017, during Trump's first year of his presidency. The payments made to Cohen were declared as a legal expense; if this were misleading, it would constitute a misdemeanor under New York law. Prosecutors have also considered the legality of Cohen's payment; under New York law, falsifying business records to cover up a crime is a Class E felony.
Affair with Karen McDougal
From 2006 to 2007, American model and actress Karen McDougal had an affair with Trump. During Trump's 2016 presidential campaign, McDougal approached the National Enquirer to sell her story. The National Enquirer, owned by American Media Inc., agreed to acquire the story and suppress it for $150,000. The Wall Street Journal reported on the deal in October 2016. The deal was forged from Trump's relationship with David Pecker, the CEO of American Media since the 1990s; internally, Trump was known as a "friend of Pecker". McDougal believed the story would surface regardless when another former Playboy model posted a tweet that alluded to their affair.
Payment to a Trump Tower doorman
In April 2018, The New Yorker reported on the story of former Trump Tower doorman Dino Sajudin. Sajudin alleged that, in the 1980s, Trump fathered a child with a former employee and signed an agreement with American Media in late 2015 for $30,000. The agreement ensured the National Enquirer exclusive rights to the story. The National Enquirer attempted to prove the story's legitimacy in November 2015, staking out the homes of the employee's mother and daughter and hiring the services of criminal investigator Michael Mancuso. Although skepticism was levied against Sajudin's claims, several sources The New Yorker talked to believed that American Media's payment of Sajudin was unusual. In 2017, the Associated Press attempted to investigate the story and neared publication; American Media met with the Associated Press to suppress the story. Immediately after The New Yorker contacted American Media for comment, American Media publication Radar Online published a story claiming that Sajudin's story was false. The New Yorker was not able to verify Sajudin's claims.
Manhattan grand jury investigation
In January 2018, The Wall Street Journal reported on Cohen's payment to Daniels. Cohen pleaded guilty to eight criminal counts relating to the payment—as well as a payment made to McDougal—in August. In his admission of guilt, Cohen implicated Trump, stating that he acted "at the direction of a candidate for federal office". In December 2018, Cohen was sentenced to three years in prison.
Following Cohen's admission of guilt, Cyrus Vance Jr.—the Manhattan District Attorney—opened an investigation against the Trump Organization and two of its executives. The office paused its inquiry when federal prosecutors of the United States Attorney for the Southern District of New York (SDNY) began a separate investigation into the payments; Vance said after Trump's indictment that SDNY had asked him to "stand down" and he complied. In July 2019, SDNY prosecutors stated that they concluded their inquiry into Trump and signaled that he would not be charged, though a Justice Department policy prohibits the indictment of a sitting president. The Manhattan district attorney's office then issued a subpoena for the Trump Organization in August, seeking documents relating to the payments. Additionally, the office subpoenaed accounting firm Mazars USA, demanding eight years of Trump's corporate tax returns. Trump's lawyers sued Vance to block the subpoena, citing Trump's immunity from criminal inquiries as the president of the United States; in Trump v. Vance, the Supreme Court ruled 7–2 in favor of Vance, allowing the subpoena to continue.
In December 2020, Manhattan prosecutors began intensifying their investigation, investigating employees of Deutsche Bank and insurance brokerage Aon. The Supreme Court ruled once more in February 2021 that the Manhattan district attorney's office could obtain Trump's tax records, and it subsequently did so. The Manhattan district attorney's office began focusing its attention on Allen Weisselberg, the chief financial officer (CFO) of the Trump Organization, and charged the Trump Organization with running a tax scheme in July. Following the 2021 New York County District Attorney election, Alvin Bragg succeeded Vance as the Manhattan District Attorney. In February 2022, Mark F. Pomerantz and Carey Dunne, the two prosecutors retained by Bragg to lead the investigation, resigned, asserting Bragg was not pursuing charges against Trump aggressively enough. Bragg continued the investigation throughout 2022, and moved to continue the hush money inquiry into Trump.
In January 2023, the Manhattan district attorney's office impaneled a 23-person grand jury, and began presenting evidence of Trump's role in paying Stormy Daniels. The grand jury had been hearing evidence for two months leading up to the indictment, typically meeting on Mondays and Wednesdays. In March 2023, prosecutors signaled an indictment was likely, and on March 18, Trump claimed that he was to be arrested the following week, calling for protests in anticipation of a possible indictment. New York City Police began to increase security in preparation for the expected indictment on March 21, and a second time for the second expected indictment on March 30. Metal barriers were set up around Trump Tower and the district Criminal Court Building. A law enforcement source told Reuters that police would close streets around the courthouse in advance of Trump's expected appearance on April 4. On March 30, prior to the grand jury voting to indict, an unidentified witness testified for approximately 30 minutes to them.
Pre-indictment statements
In early 2023, while an indictment was widely anticipated, it remained publicly unknown when the Manhattan grand jury would finally decide whether to indict. The timing of the March 30 indictment reportedly surprised Trump and his team, who learned about it from the news. His attorneys had believed it was still weeks away and had expected the district attorney's office to inform them directly. On March 18, Trump wrote on Truth Social that he would be arrested on March 21 and called for protests to "take our nation back!" Time magazine reported that prominent supporters and far-right groups who responded to his call in the January 6 U.S. Capitol attack were reluctant. A demonstration was held by the New York Young Republican Club on March20, though the presence of journalists vastly outnumbered it. On March 22, a post was made on Trump's Truth Social account featuring two side-by-side images; one image showed Trump with a baseball bat, and the other image showed prosecutor Alvin Bragg. The post was eventually deleted, with Trump explaining in an interview that the post shared an article by the National File, a right-wing blog, that had those side-by-side images, which was why the images appeared in his Truth Social post. On March 23, Trump wrote on Truth Social that "potential death & destruction in such a false charge [of himself] could be catastrophic" for America, and that only an America-hating "degenerate psychopath" would charge him. He also called District Attorney Bragg an "animal", which many have said has racist overtones.
Proceedings
Indictment
The Manhattan grand jury voted to indict Trump on March 30. The indictment was filed with the New York Supreme Court (which is the ordinary trial court for felonies in the state of New York and not the final court of appeal for the state) at the end of the business day on March30. The charges were under seal until published when Trump was arraigned in the Manhattan Criminal Court. The charges are related to Trump's payment to Stormy Daniels as hush money, which could be considered a violation of campaign finance rules under federal law because it helped his election bid. The payment was listed in his business records as a "legal expense" payable to Michael Cohen, whereas the indictment alleges that the payments to Cohen were really to reimburse Cohen for the earlier, allegedly illicit, payment to Daniels. Falsifying business records is a misdemeanor under New York state law and can be a felony if committed to cover up another crime. This requires the prosecution office to link a crime committed under state law to one committed under federal law.
Arraignment
On April 3, Trump flew from Palm Beach International Airport into LaGuardia Airport on his private plane, and took his motorcade to Trump Tower, where he stayed the night. Todd Blanche, a lawyer who had defended Paul Manafort during his 2016 fraud trial, had recently resigned from his law firm to aid Trump's case. Police increased security in and around Manhattan ahead of the arraignment; authorities said there were no credible threats of violence or organized plans of protests. Eric Adams, the mayor of New York City, warned protestors to be peaceful. Acting New York Supreme Court Justice Juan Merchan is presiding over the case. Merchan denied a motion filed by media organizations to allow a television broadcast of the arraignment or to allow electronic devices to be used in the courtroom, but allowed five press pool still photographers. Courtroom sketch artists also documented the proceedings. The courtroom's glass doors were covered as a security measure.
On April 4, 2023, as Trump's motorcade approached the Manhattan Criminal Courthouse, he posted to Truth Social: "Can't believe this is happening in America. MAGA!" Upon entering the courthouse, he was put in police custody and placed under arrest. He was booked and fingerprinted, but he was not handcuffed, nor was a mug shot taken. Trump entered the courtroom an hour later, pleading not guilty to 34 felony charges. The indictment was unsealed (publicly released) shortly thereafter, charging Trump with 34 counts of falsifying business records in the first degree as part of a "conspiracy to undermine the integrity of the 2016 election." At the arraignment, Merchan warned Trump not to use social media to incite violence.
Immediately after the arraignment, Trump returned to Mar-a-Lago and addressed a crowd of supporters in the evening. Trump made several false claims about topics such as his handling of government documents, Bragg supposedly being connected to George Soros and the Trump–Raffensperger phone call.
Pretrial proceedings
During Trump's arraignment, the court set deadlines for pre-trial proceedings, including for prosecutors to provide discovery to the defense. The court set a deadline of August 8, 2023, for pre-trial motions to be filed. Trump's attorney Joe Tacopina said the defense expects to file a motion to dismiss the indictment. Prosecutors' responses to defense motions will be due on September 19, 2023.
As he has done in many other cases, Trump is expected to use "attack-and-delay" tactics, targeting the prosecutors and the judge while prolonging proceedings. If he does that, the case could continue into late 2024, near the presidential election.
In May 2023, Trump filed a motion seeking to move the New York case to federal court; in court papers, his lawyers contended that the case "involves important federal questions"; asserted that the case arises from "conduct performed while in office"; and argued that he could only be tried in federal court. Federal judge Alvin Hellerstein set the hearing on the motion for June 27, 2023, and ruled that "in the meantime, proceedings may continue" in the state court. On July 19, Hellerstein denied Trump's request, as legal experts had predicted. Even if the case had been moved to federal court, New York state law would have continued to apply.
In a May 2023 hearing and court filing, prosecutors expressed concern that Trump would misuse evidence obtained through pretrial discovery procedure to attack people involved in the case, including witnesses. Justice Merchan declined to issue a gag order or prohibit Trump from publicly commenting about the case against him, but issued a protective order setting rules for the use of social media involving elements of the case, and set a hearing (with Trump to appear remotely) to explain the rules.
Trump had asked for recusal because Merchan's daughter works for Democratic organizations. On August 11, Merchan said he would not recuse himself.
Trial
Unless the case is dismissed, a trial is expected. During the arraignment, possible trial dates were discussed; prosecutors proposed January 2024, but Trump's defense team objected, saying that the trial should be set for later in 2024. On May 23, 2023, Justice Merchan set the trial for March 25, 2024.
Trump's team complained that Trump's schedule in the spring of 2024 would be too full given his scheduled trials in other cases. In September, Merchan said he wanted to wait for Trump's legal calendar to be firmer before he discussed rescheduling. He said the discussion could be held on February 15, 2024.
If the case goes to trial, Michael Cohen is expected to be a key witness. Cohen, Trump's former "fixer" and attorney, pleaded guilty to campaign-finance violations for his payments to Daniels during the 2016 campaign and served prison time; he testified that Trump directed him to pay Daniels during the 2016 campaign. Prosecutors also plan to call Daniels as a witness. On April 12, in a separate legal action, Trump sued Cohen, seeking $500 million in damages for breach of contract.
If Trump is convicted, each count for which he is convicted could result in a prison sentence of up to four years, to be served consecutively. The judge could also choose to impose no prison sentence. A conviction would not legally prohibit Trump from continuing his campaign in the 2024 presidential election, nor would he be forbidden from assuming presidency should he win. Trump has also stated in an April 2023 Fox News interview with Tucker Carlson that he would not drop his candidacy in the 2024 U.S. presidential election if he is convicted.
Commentary and responses
Public opinion
Following the indictment, an ABC News/Ipsos poll conducted from March 31 to April 1 shows a plurality of Americans believed Trump should be charged, with 45% of voters believing Trump should be charged, 32% believing he should not, and 23% saying that they "don't know". The poll was split along party lines, with 88% of Democrats and 16% of Republicans believing Trump should be charged. A CNN poll conducted from March 31 to April 1 found that 60% of Americans approved of the indictment, but that 76% of Americans believed that it was politically motivated.
ABC News/Ipsos conducted a second poll from April 6 to April 7, showing a 5% increase to 50% among Americans who believe Trump should be charged, of which this view among Americans with no party preference rose to 54% from 40%. Meanwhile, 53% of Americans believe Trump intentionally did something illegal. The poll was again split along party lines, with 87% of Democrats, 57% of Independents, and 19% of Republicans in favor of the indictment.
Trump
Trump attributed his indictment to political persecution and election interference, among other things. He sent emails to his supporters asking for donations to "defend our movement from the never-ending witch hunts" and wrote that donations would have a "1,500% impact". The 2024 Trump campaign stated that it received over $4 million of donations in the 24 hours after the indictment was announced, and $7 million within three days.
The day after Trump was indicted, he criticized Juan Merchan, the New York Supreme Court judge set to oversee the case. He claimed that Merchan "hates" him and treated his companies "viciously" in a related case, and that he "strong armed" Trump Organization chief financial officer Allen Weisselberg into accepting a plea deal, though Weisselberg had reached the deal with prosecutors and his own lawyers and Merchan only approved it. Trump also claimed that Merchan had been "hand picked by Bragg & the prosecutors" although judges are randomly assigned and prosecutors had no role in Merchan's assignment. After the indictment, Trump and a small number of allies in the GOP advocated cutting funds for the Justice Department and the Federal Bureau of Investigation, with Trump saying in his social media platform that the law enforcement were weaponized by the Democrats.
Republicans
Congressional Republicans generally condemned the indictment as unprecedented and a weaponization of justice. Some alleged the indictment constituted election interference, as Trump was an announced candidate in the November 2024 presidential election. Kevin McCarthy, the speaker of the House, tweeted: "Alvin Bragg has irreparably damaged our country in an attempt to interfere in our Presidential election. As he routinely frees violent criminals to terrorize the public, he weaponized our sacred system of justice against President Donald Trump. The American people will not tolerate this injustice, and the House of Representatives will hold Alvin Bragg and his unprecedented abuse of power to account." When Senator Lindsey Graham was interviewed by Fox News, he stated that "you need to help this man, Donald J. Trump. They're trying to drain him dry ... Go to DonaldJTrump.com and give money so he can defend himself."
On March 20, Republicans Jim Jordan, James Comer and Bryan Steil, chairs of the House Judiciary, Oversight and Administration committees, respectively, sent Bragg a letter calling for him to testify before their committees, and to provide communications, documents and testimony about the inquiry, calling the upcoming indictment an "unprecedented abuse of prosecutorial authority." Later they told Bragg they might consider legislation "to protect former and/or current Presidents from politically motivated prosecutions by state and local officials." Bragg's office wrote back that the requests were an "unlawful incursion into New York's sovereignty," noting such information about ongoing investigations was confidential under state law. Jordan in February 2023 had received a private request from Trump's lawyer Joe Tacopina to investigate Bragg for his actions against Trump, according to The New York Times and CNN. Representative Elise Stefanik, the House Republican Conference chair, has been briefing Trump on House Republicans' committee work, including the House committees' plans to respond to Bragg, according to CNN on March 28. Representative Marjorie Taylor Greene, a member of the House Oversight Committee, has acknowledged informing Trump of "everything that we're doing ... He seems very plugged in at all times. Sometimes I'm shocked at how he knows all these things." On April 11, Bragg sued Jordan in federal court, alleging that Jordan was trying to "intimidate and attack" him.
Many of Trump's political rivals, such as entrepreneur Vivek Ramaswamy and former Governor of South Carolina Nikki Haley, both of whom are also running for the presidential nomination, expressed opposition to the indictment. Former Governor of Arkansas and potential contender for the presidency Asa Hutchinson argued for supporting the legal process, but he also said that he hoped voters would still be able to decide for themselves if Trump should be elected. He further stated that Trump should step aside from the presidential nomination and called the indictment a "distraction". Former vice president Mike Pence called the indictment an outrage and a "political prosecution". Ron DeSantis, the governor of Florida, the state in which Trump resides, said that the state of Florida would not assist with any extradition of Trump to New York. The U.S. Supreme Court previously ruled in Puerto Rico v. Branstad (1987) that governors cannot reject the extradition requests of other states, based on Article IV of the U.S. Constitution, and that federal courts can enforce such extradition if needed.
William Barr, former Attorney General under Trump, gave his opinion that the Democratic strategists know this case will help Trump and they want him to be the Republican nominee because he is the "weakest of the Republican candidates," and predicted that he would be defeated by Biden in the 2024 presidential election. Barr also considers that this case lacks merit, calling it "transparently an abuse of prosecutorial power to accomplish a political end and … an unjust case."
Democrats
Democratic Representative Adam Schiff tweeted: "The indictment of a former president is unprecedented. But so too is the unlawful conduct in which Trump has been engaged." Schiff served as the lead impeachment manager during Trump's first impeachment trial. The Biden administration said they would not take part in the public discussion. Democrats have billed the indictment as Trump being held accountable under the law. Democratic Representative Jamaal Bowman shouted "Get the hell out of here!" at Republican Representative Marjorie Taylor Greene for supporting Trump during a Trump protest in New York City.
Legal analysis
The indictment raises novel and complex legal issues. Legal experts contacted by the New York Times said that the indictment combines business records charges with state election law in a way that had never previously been done in a case involving a federal campaign. According to the Associated Press, the indictment involves difficult legal issues which the defense might be able to use to get it dismissed.
While the indictment has been published, it does not reveal the District Attorney's "specific legal theory" behind the case; for example, it is not specific about "how each of the charges was elevated to a felony", nor does it "specify the potential underlying crimes". While the law does not require such specificity, attorney Ken White and law professor Richard Klein have commented that this makes it difficult to assess the legal merits of the case.
Media commentary
The Financial Times Edward Luce expressed disappointment that this indictment came before the conclusion of the Smith special counsel investigation, and described the indictment as a legal technicality that is neither as serious nor as "easy to intuit" as the allegations concerning sedition and attempts to overturn the 2020 presidential election. Law professor Richard Hasen described the ongoing federal investigations into Trump as "much stronger both legally and factually" than this case. The Financial Times Joshua Chaffin said skeptics could compare the case to a similar one involving presidential candidate John Edwards, who obtained a mistrial after arguing that his payments were not intended to influence the election, but to protect his dying wife.
The Guardians David Smith wrote that Trump has been adept at turning around allegations and playing the victim, and that his tactics will work with his base. Current and former Fox News hosts, including Sean Hannity, Glenn Beck, and Tucker Carlson, expressed outrage and concern over the indictment. Trump's indictment came following the release of text messages from several Fox News hosts denouncing Trump in Dominion Voting Systems v. Fox News.
Misinformation and conspiracy theories
Before Trump's indictment, Bellingcat founder Eliot Higgins facetiously created an AI-generated image of Trump being arrested using Midjourney software. Higgins was clear that the images were fictitious and did not seek to distribute them widely. Nonetheless, social media users spread the images without clarifying their origin.
Once the indictment was handed down, QAnon accounts on Telegram began posting about "trusting the plan" and how "the storm is upon us", referencing conspiracy theories surrounding the "Deep State". Other conspiracy theories claimed that Bragg was "bought and paid for" by billionaire George Soros. This claim was promoted and spread by Trump himself as well as DeSantis, Senator J. D. Vance, Senator Ron Johnson, Texas Governor Greg Abbott, Representative Anna Paulina Luna, and Representative Paul Gosar, who called Bragg a "Soros D.A." Although Soros did donate to progressive criminal justice reform group Color of Change, which contributed to Bragg's campaign, Soros was only one of many donors to Color of Change, and he had no contact with Bragg. Threats were also directed at Soros and Bragg. Some on Trump's social media platform Truth Social called for armed defense of Mar-a-Lago, though there seemed to be no coordinated effort to do so.
See also
Arrests of Ulysses S. Grant
Legal affairs of Donald Trump
Public image of Donald Trump
Notes
References
External links
Indictment –
Statement of Facts –
2023 controversies in the United States
2023 in United States case law
2023 in American politics
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March 2023 events in the United States
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