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Prosecution of Donald Trump in New York

From Wikipedia, the free encyclopedia

This article is about New York state's criminal case against Trump personally. For other cases by New York involving Trump, see New York v. Trump (disambiguation). For other prosecutions of Trump, see Indictments against Donald Trump.

People of the State of New York v. Trump
CourtNew York Supreme Court
Full case nameThe People of the State of New York v. Donald J. Trump
SubmittedMarch 30, 2023
ChargeFirst-degree falsifying business records (34 counts)
Citation(s)IND-71543-23[1]
Court membership
Judge(s) sittingJuan Merchan
This article is part of
a series about
Donald Trump
Business and personal
45th President of the United States
Tenure
Policies
Appointments
Presidential campaigns
Impeachments
Prosecutions
Interactions involving Russia
COVID-19 pandemic

Donald Trump's signature

Seal of the President of the United States

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. Trump faces 34 felony charges of falsifying business records in the first degree, carrying a maximum sentence of 20 years in prison if Trump is convicted on five or more counts.[2][3][4][5][a] Trump is accused of falsifying these business records in order to violate federal campaign finance limits, unlawfully influence the 2016 election, and commit tax fraud regarding the reimbursement. The records alleged to be falsified relate to hush money payments made to the pornographic film actress Stormy Daniels before the 2016 U.S. presidential election as part of a scandal.[7][8][9] Trump is the first U.S. president to be indicted.[10][11][12]

Trump was indicted by a Manhattan grand jury on March 30, 2023. Trump traveled from his residence in Florida to New York City on April 3, 2023, where he surrendered to the Manhattan District Attorney's office and was arraigned the next afternoon.[13][14] Jury selection is set for April 15, 2024.[15]

Throughout the investigation that led to the indictment, Trump accused district attorney Alvin Bragg—the case's prosecutor—of having political motivations.[16] Months before he was indicted, Trump declared that he would run in the 2024 presidential election;[17][18] neither the indictment nor any resulting conviction would disqualify his candidacy.[19][20]

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Transcription

Background

Stormy Daniels–Donald Trump hush money scandal

Main article: Stormy Daniels–Donald Trump hush money scandal
Stormy Daniels smiling at the camera
Donald Trump was indicted for his role in instructing Michael Cohen to pay US$130,000 to Stormy Daniels (pictured).

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.[21] According to Daniels, Trump invited her to his penthouse at Harrah's Lake Tahoe[22] where the two had sex and talked about making her a guest on The Apprentice.[23][24]

In 2011, Daniels considered selling the story to the celebrity magazine Life & Style for US$15,000 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.[25]

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.[22][25]

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.[22][25] 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.[26] Rudy Giuliani, an attorney for Trump, refuted these claims in a Fox News interview, saying that Trump was aware of the payments.[27]

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.[28] The payments made to Cohen were declared as a legal expense.[29]

In January 2018, The Wall Street Journal reported on Cohen's payment to Daniels.[30] Cohen pleaded guilty to eight criminal counts relating to the payment—as well as another payment made to Karen McDougal—in August. In his admission of guilt, Cohen implicated Trump, stating that he acted "at the direction of a candidate for federal office".[31] In December 2018, Cohen was sentenced to three years in prison.[32]

Manhattan DA investigation and grand jury

Following Cohen's August 2018 admission of guilt, Manhattan District Attorney Cyrus Vance Jr. opened an investigation against the Trump Organization and two of its executives.[33] The office paused its inquiry when the office of the federal U.S. Attorney for the Southern District of New York began a separate investigation into the payments,[34] but the federal inquiry concluded without charges in July 2019.[35]

The Manhattan district attorney's office then issued a subpoena for the Trump Organization in August, seeking documents relating to the payments.[36] Additionally, the office subpoenaed accounting firm Mazars USA, demanding eight years of Trump's corporate tax returns.[37] Trump's lawyers sued Vance to block the subpoena, citing Trump's immunity from criminal inquiries as the president of the United States.[38] In Trump v. Vance, the U.S. Supreme Court ruled 7–2 in favor of Vance, allowing the subpoena to continue.[39] Following the 2021 New York County District Attorney election, Alvin Bragg succeeded Vance as the Manhattan District Attorney.[40]

In January 2023, the Manhattan district attorney's office impaneled a grand jury, and began presenting evidence of Trump's role in the Stormy Daniels payment.[41]

Cohen extensively met with the DA's office and the grand jury. On January 17, 2023, Cohen met with the DA's office about the hush-money payment, which at the time was expected to be scrutinized as a misdemeanor charge for falsifying business records.[42][43][44] On February 1, Cohen said he had given his cellphones to the DA's prosecutors, who wanted evidence of communications including voice recordings of Daniels's former lawyer Keith Davidson.[45] By March 3, Cohen had met with the DA's office for the 18th time.[46][47][48] The New York Times noted that the defense was likely to attempt to discredit Cohen as a witness.[49]

Several other witnesses met with the DA's office or the grand jury in March 2023, including Kellyanne Conway, who managed the final months of Trump's 2016 campaign and whom Cohen notified of the hush-money payment;[49] Trump administration advisor Hope Hicks, two organization employees, two former National Enquirer executives who helped broker the hush-money deal, and a lawyer for Daniels;[50][51] Daniels herself;[52] Robert Costello, a Trump-aligned lawyer who had represented Cohen, who provided testimony including emails in which he attempted to discredit Cohen's reliability;[53][54] and former National Enquirer publisher David Pecker.[55][56][b] As early as that February, prosecutors confirmed that they might leverage additional charges including insurance fraud against Allen Weisselberg to pressure him to testify against Trump,[59] and in May, The New York Times reported that the DA's office was considering levying perjury charges against Weisselberg.[60]

Protestors at Trump Tower on March 21, 2023, the day Trump incorrectly predicted he would be indicted
Protestors outside the courthouse on April 4, the day of Trump's arraignment

In March 2023, prosecutors signaled an indictment was likely.[61] By March 9, prosecutors had offered Trump a chance to testify before the grand jury the following week, indicating that they were likely preparing to indict him.[62][63] Around that time, Trump and his spokesperson began referring to both Daniels's allegation and the DA's proceedings as "extortion".[64] On March 10, Trump's lawyer Joe Tacopina asked New York City's Department of Investigation to review the criminal probe, asserting its "weaponization".[65] On March 13, Tacopina announced that Trump would not testify.[66] Early the next morning, The Guardian reported that Trump's lawyers had argued to the DA that Trump should not be indicted on the basis that the payment did not draw from campaign funds and would have been made regardless of his candidacy.[67]

In late March, there was reporting around Daniels having reportedly unsuccessfully communicated in 2018 with Tacopina about possibly representing her in the scandal, for which the DA could move to disqualify the lawyer due to attorney–client privilege and because she reputedly disclosed confidential information to his firm.[68][69][70][71] Additionally, it reemerged that in 2018 Tacopina had called the hush-money payment "an illegal agreement", "a fraud", and "a potential campaign finance issue".[68]

On March 18, Trump claimed on his social-media platform, Truth Social, that he was to be arrested on March 21[c][d] and that the proceedings were disinformation backed by President Joe Biden, calling for protests in anticipation of a possible indictment.[74][75][76][77][78] Law enforcement and security agencies prepared for a potential indictment of Trump that week, especially in the areas of the Manhattan Criminal Court and Trump Tower, including by monitoring online threats.[77][79][80][e] 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.[82] Metal barriers were set up around Trump Tower and the district Criminal Court Building.[83] On March 24, Trump, citing his presidential prospects, insinuated that "potential death & destruction" could result from Bragg's allegedly false charge.[84][f]

Initial proceedings

Indictment and charges

The April 4 indictment document

The Manhattan grand jury voted to indict Trump on March 30, 2023.[86] The indictment was filed with the New York Supreme Court (the ordinary trial court for felonies in the state of New York and not the final court of appeal for the state) the same day.[87] The charges were under seal until published when Trump was arraigned in the Manhattan Criminal Court.[88][89]

The indictment charged Trump with 34 felony counts of falsifying business records in the first degree, in violation of New York Penal Law §175.10. Each count is related to a specific business document, each having a date ranging from February 14 through December 5, 2017:[3]

  • 11 for invoices from Michael Cohen
  • 9 for general ledger entries for Donald J. Trump
  • 3 for general ledger entries for the Donald J. Trump Revocable Trust
  • 8 for checks from Donald J. Trump
  • 2 for checks from the Donald J. Trump Revocable Trust

The allegedly falsified documents are related to Trump's payment to Stormy Daniels as hush money. The payments were listed in the business records as a legal expense payable to Michael Cohen, whereas the indictment alleges that they were actually to reimburse Cohen for the earlier, allegedly illicit, payment to Daniels.[90][91]

Falsifying business records in the first degree is a felony under New York state law that requires that the "intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof". This is in contrast to falsifying business records in the second degree, which is a misdemeanor that does not have that requirement.[3][90][91] In later filings, Bragg listed three such crimes that Trump allegedly intended to commit: violation of federal campaign finance limits, violation of state election laws by unlawfully influencing the 2016 election, and violation of state tax laws regarding the reimbursement.[92] Trump can move to allow the jury the option to convict on the misdemeanor charges as a lesser included offense, but is not required to do so.[93]

Each count for which Trump is convicted could result in a prison sentence of up to four years, to be served consecutively, or the judge could impose no prison sentence.[94] 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, even if he were in prison.[95] Trump 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.[96][97]

Arraignment

Four NYPD buses parked next to crowd control fences
NYPD closed off the entrance to Trump Tower and used police buses to block the opposite side of the street.
Press tents and cameras behind crowd control barriers, on a sidewalk
Outlets set up camera equipment outside the courthouse on the evening of April 3 for the next day.

A law enforcement source told Reuters that police would close streets around the courthouse in advance of Trump's expected appearance on April 4.[98] 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.[99][100] 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.[101] 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.[100] Eric Adams, the mayor of New York City, warned protestors to be peaceful.[102] Acting New York Supreme Court Justice Juan Merchan is presiding over the case.[103] 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.[104][105] Courtroom sketch artists also documented the proceedings.[106] The courtroom's glass doors were covered as a security measure.[107]

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!"[108] Upon entering the courthouse, he was put in police custody and placed under arrest.[109][110] He was booked and fingerprinted, but he was not handcuffed, nor was a mug shot taken.[111][112] Trump entered the courtroom an hour later,[113] pleading not guilty to 34 felony charges.[114] 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."[115][116] At the arraignment, Merchan warned Trump not to use social media to incite violence.[117]

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.[118]

Immediately after the arraignment, Trump returned to Mar-a-Lago and addressed a crowd of supporters in the evening.[119][99] 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.[120]

Pre-trial proceedings

During Trump's arraignment, the court set deadlines for pre-trial proceedings, including for prosecutors to provide discovery to the defense.[118] The court set a deadline of August 8, 2023, for pre-trial motions to be filed.[118]

As he had done in other cases, Trump was expected to use "attack-and-delay" tactics, targeting the prosecutors and the judge while prolonging proceedings, with the result that the case might continue into late 2024, near the presidential election.[121][122]

Discovery materials and witnesses

On April 17, 2023, the DA's office requested that Merchan obtain further information from Tacopina, including his firm's correspondence with Daniels, to determine whether their history constituted a conflict of interest.[123] On September 1, Merchan ruled that it did not.[124]

Prosecutors were expected to turn over discovery materials to the defense over the next several months.[125] On April 27, Trump's team asked for the charges to be explained in full.[126] It was possible that the second crime(s) would eventually be specified in a bill of particulars,[127] but according to a governing appeals case from c. 1980 this is not necessary.[128] On May 16, the DA's office argued that it did not need to elaborate further on the basis that Trump already "has more than sufficient information to prepare his defense", while reiterating possible secondary charges.[129][130][g] Trump's team was reportedly considering invoking a 2000 U.S. Supreme Court decision which emphasizes the importance of specifying punishable criminal charges; additionally, a 1999 decision states that "any fact ... that increases the maximum penalty for [one] crime must be charged in an indictment ... and proved".[126]

On May 4, Merchan heard arguments about the DA office's request to restrict information it turns over to Trump's lawyers from being shared with Trump himself (at least until the trial), citing his past social-media posts attacking Bragg and witnesses. The defense has argued that the government should be equally restrained from discussing information publicly and that Trump should be allowed to defend himself politically.[131][132] On May 8, Merchan ruled in favor of the order, barring evidence from being shared on social media.[133] The judge instructed Trump and his lawyers on their conduct on May 23, informing them that violations could incur a "wide range of sanctions" including being held in contempt.[134]

On May 26, prosecutors stated that they had informed Trump's lawyers that evidence in the hush-money case includes various audio recordings, including one of Trump and a witness. It was unclear if this was in reference to secretly recorded audio from September 2016 which Cohen had previously released. In this recording, Cohen and Trump discuss the payments, with the latter seeming to ask "What financing?" and "Pay with cash?" before Cohen responds "No, no, no, no, no, no, I got ..." and Trump says, "Check."[135]

On June 3, the New York Post (a conservative tabloid) reported that a financial investigator for the DA's office had been suspended for his contact with Cohen. Lawyer for Cohen Lanny Davis stated that the conversations between the investigator and his client had been professional and were related to Cohen's security. The DA's office confirmed that it was reviewing an unspecified investigator's conduct. Trump invoked the report to baselessly claim that the investigation would be dropped, while insulting Cohen's reputation. Cohen responded by listing several Trump controversies and calling him "Mandarin Mussolini". Cohen previously used the nickname to call for tax-evasion charges against Trump in order to stop his alleged attempt to cause democratic backsliding for his own gain.[136][137]

On August 3, federal judge Lewis A. Kaplan, who oversaw E. Jean Carroll's civil lawsuits against Trump alleging sexual assault and defamation,[h] ruled that Carroll's lawyers could provide video of Trump being deposed to Manhattan prosecutors.[140] A deadline for the filing of all motions passed on August 8, with prosecutors given until September 19 to respond to defense motions.[141] An in-person hearing, when the motions were expected to be ruled on, was set for December 4.[141][142]

On January 15, 2024, Tacopina withdrew from Trump's counsel[143] and Daniels said she expected to testify.[144] Later in the month, the DA was reportedly beginning to meet with witnesses ahead of the trial.[145] As of February 1, Allen Weisselberg was reportedly negotiating a plea deal with the DA's office to avoid a charge of perjury regarding his testimony in the AG's civil case. He had testified that he "never even thought about" the valuation of Trump's Manhattan penthouse (being nearly tripled in square footage and worth), which Forbes subsequently revealed was false based on its communications with Weisselberg.[146][147] Weisselberg pleaded guilty on March 4, in exchange for serving a five-month jail sentence.[148]

On March 18, the judge ruled that both Daniels and Cohen could testify, placing some restrictions on Daniels (as well as Karen McDougal). The defense had requested that the two be blocked from testifying the previous month. Additionally, the judge ruled that Trump's infamous Access Hollywood tape could not be played during the trial but that it could be discussed.[149]

Requests for recusal

On May 31, Trump's lawyers revealed that they planned to ask Judge Merchan to disqualify himself from the case on the basis of his and his family's support for the Democratic Party, including three $10–15 donations of his to Democratic causes and his daughter's role as a partner and COO of a Democratic consulting firm that serviced Biden's 2020 presidential campaign.[150][151] On June 20, the DA's office argued against the recusal request, citing Trump's alleged "prolific history of baselessly accusing state and federal judges around the country of bias", saying he seemed to be trying to land a more favorable judge. Prosecutors further argued that there was a lack of hard evidence that a particular trial result would aid Merchan directly or greatly via his daughter's Democratic work,[152] which a state ethics panel had similarly concluded in early May.[153]

Also on April 1, the defense asked Merchan for permission to file a motion to ask him to recuse himself on the basis that he had a conflict of interest due to his daughter's Democratic involvement.[154] On April 2; prosecutors pointed out that the court and an ethics panel had already found that the political activities of a relative are not grounds for questioning a judge's impartiality.[155] The same day, Trump posted a Fox & Friends clip in which co-host Brian Kilmeade criticizes the judge's daughter, although Trump highlighted another commentator's statement.[156] As of April 3, Trump had not deleted offending posts made prior to Merchan's expanded order;[157] that night, he linked to a report by far-right activist Laura Loomer criticizing Merchan's daughter and wife.[158] On April 5, Trump's campaign publicized their motion for Merchan to recuse himself (dated April 3),[155] which asserts numerous counts of bias, and falsely cites the state Office of Court Administration (OCA) as saying Merchan's daughter deleted her X account in April 2023, around when the judge "solicited an ethics opinion regarding recusal in a letter ... that the Court declined to disclose".[159][160] In fact, the OCA had stated that the X account was reactivated in April 2023, following a long period of disuse.[161] On April 6, Trump posted online that if arrested for violating the gag order, he would consider it a "great honor" to "become a Modern Day Nelson Mandela", the former South African president jailed for anti-apartheid activism.[162] On April 8, Trump's team asked an appeals court to delay the trial and pause the gag order while they appeal the latter; this was denied the following day.[163][164] On April 10, an appeals judge denied another defense delay request (perhaps its eleventh) which was based on Merchan having not yet ruled on the recusal motion.[165][163]

Request for removal to federal court

On May 4, 2023, Trump's lawyers asked for the case to be moved to a federal court (though it would remain a state-law prosecution conducted by the Manhattan DA), arguing that it involved alleged conduct somehow "performed while in office"—despite the potential federal election-law violations not being specified (nor being required to) in the charges and occurring prior to Trump's inauguration.[166][167][i] As proceedings continued in the New York Supreme Court,[168] Bragg asked for the removal request to be dismissed, arguing that Trump had failed to establish that he was an officer of the United States during his presidency,[169][170] to which the defense expounded its initial argument.[171][166] Even if the case had been moved to federal court, New York state law would have continued to apply.[172]

In a hearing on June 27, District Judge Alvin Hellerstein opined that Trump's conduct likely did not constitute presidential activity.[173] On July 19, arguing that the matter was apparently a personal "cover-up of an embarrassing event", Hellerstein ruled that the case should remain in state court.[174] Trump appealed the decision on July 28,[175] but withdrew this on November 14.[176]

Trial scheduling

In early February 2024, Trump's federal election obstruction trial, originally set for early March, was postponed pending appeals, increasing the likelihood of the Manhattan criminal trial taking place as planned on March 25, 2024.[177][178] This would mark the first-ever criminal trial of a former president.[177] On February 15, Merchan confirmed the trial date and denied Trump's request to dismiss the case, with Trump in attendance.[179]

On March 11, 2024, Trump lawyers requested a delay of trial until after the federal election obstruction case on the basis that it would bolster his argument of presidential immunity, as some evidence and allegedly some acts overlapped with his time in office.[180] Trump's team cited, from April 2018, Trump's denying knowledge of the hush-money payment to reporters and tweeting in defense of Cohen's credibility.[181] Later on March 11, Merchan pointed out that Trump's team had missed the filing deadline and said either party would need his permission to file additional pretrial motions.[180] On March 3, the judge dismissed the request as untimely.[182]

Also on March 11, Trump asked to delay trial until after the Supreme Court decides whether he is generally immune from prosecution in the federal charges on election obstruction. Granting the motion would have delayed trial until mid-summer or later, as the Supreme Court had already scheduled those arguments for April 25[183] and may not rule until the end of the court's term in early July.[184] Merchan denied the motion on April 3,[185] saying that he doubted its "sincerity and actual purpose", given that Trump made this request only two weeks before trial.[186]

On March 18, Trump's team requested an additional delay on the basis that pretrial publicity and apparent anti-Trump bias in Manhattan would prohibit a fair jury from being selected in April, although only 35% in the cited poll said they were convinced Trump was guilty in the DA's case specifically. Trump's lawyers cited berating statements by Cohen, e.g. saying he served jail time because his "lying" former boss "couldn't keep his mushroom dick in his pants". On March 25, the assistant DA countered that "publicity is not likely to abate [and] the pretrial publicity has been ... exacerbated by the defendant".[187] On April 8, Trump's team asked the appeals court for a delay to allow an attempt to move the trial to a different county, which was denied the same day.[188]

On May 23, 2023, Justice Merchan set the trial for March 25, 2024.[189] Trump's team complained that he expected to have multiple trials around that time. Merchan said he would discuss rescheduling closer to the time.[190] At a February 15, 2024, hearing, which Trump attended,[191] Merchan reaffirmed the March 25 trial date.[192]

On March 14, 2024, it was reported that in the last ten days, the district U.S. attorney’s office (USAO) had provided prosecutors with over 100,000 pages of previously undisclosed documents, largely related to the 2017 federal probe of Cohen's payment to Daniels. Trump's lawyers asserted that this was part of a large-scale effort by the DA to suppress evidence that would undermine its case, and requested that the trial be delayed by 90 days. The DA's office explained that it had tried to obtain "the full grand jury record related to Cohen’s campaign finance convictions" in 2023 and that Trump's team had allowed a six-month interval to pass before seeking records from the USAO and consented to numerous extensions. Prosecutors said they were "prepared to proceed to trial on March 25" but would consent to a 30-day delay.[193][194] Trump's lawyers argued that a mid-April start date would inhibit "the ability of observant Jews to participate as jurors" during Passover (April 22–30).[195][196] On March 15, the judge adjourned the start of trial until mid-April.[197] On March 21, the DA's office argued that the documents very likely contained mostly irrelevant or previously disclosed information.[198] On March 25, the judge dismissed the defense's discovery concerns and scheduled the trial to begin on April 15.[199]

On April 8, Trump requested to postpone the trial so the court could consider a change of venue, which was denied the same day,[200] and so he could appeal the gag order, which was denied the next day.[201] On April 10, the appeals court denied Trump's request to postpone trial on the basis of Merchan being unqualified.[202] On April 12, Merchan denied the defendant's request to delay trial on the basis of "prejudicial" media coverage.[203]

Gag order

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.[172] Justice Merchan declined to issue a gag order or prohibit Trump from publicly commenting about the case against him,[172] 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.[204][205]

On February 26, 2024, the Manhattan DA asked for a gag order on Trump.[206] On March 26, Merchan imposed a gag order on Trump, restricting what he could say publicly about people involved in the case.[207] Additionally, the judge warned the defense, under the threat of contempt, against dilatory tactics such as the late filing of pretrial motions or last-minute demands, pointing out that Trump had "stated publicly that the defense goal is to delay these proceedings ... past the 2024 presidential election".[208][209] On March 27, Trump made online posts chastising both the gag order and Merchan's daughter, the latter over an anti-Trump social-media post she seemingly created; the court stated that this had been a manipulation of a deserted account. On March 29, DA attorneys requested that the limits of the gag order be explicated regarding family of court staff in hopes of terminating what they considered intentionally defiant behavior by Trump.[210] On April 1, Merchan expanded the gag order to protect his and Bragg's family members, saying attacks on them "serve no legitimate purpose".[211]

On March 7, 2024, Merchan ruled that the jury would be anonymous except to some involved in the trial, including Trump, his lawyers, and prosecutors. Merchan was expected to rule on prosecutor requests for a warning to Trump that he would lose access to juror information if he publicly disclosed those details, and for a gag order preventing him from making statements about people involved in the case (especially jurors and witnesses).[212]

On March 26, in a post on his Truth Social website, Trump attacked both Justice Merchan and his daughter.[213] That day, Merchan imposed a gag order forbidding Trump to publicly comment on court staff, prosecutors, prospective jurors, or their families, or to cause others to make such statements, in a way that interferes with the case. Bragg (as a public figure) and Merchan (as the judge) were specifically exempted from protection.[214][215] The court also ordered Trump not to comment on prospective trial witnesses concerning their potential participation in the criminal case.[216]

On March 27 and 28, Trump again referenced Merchan's daughter on social media.[215][217] On March 29, Bragg asked Merchan to broaden the gag order so it would protect Bragg and Merchan's families,[218] On April 1, Merchan did so,[219] writing that Trump's continued attacks posted a "very real" threat to the integrity of proceedings and could cause those involved in the case to fear for themselves and their families, which would "undoubtedly interfere with the fair administration of justice and constitutes a direct attack on the Rule of Law itself."[220] On April 11, Trump disparaged two expected witnesses, Michael Cohen and Stormy Daniels, on social media, testing the limits of the April 1 order.[216]

Trial

The trial is set to begin on April 15, 2024[15] and could last into June.[221] On April 8, the judge gave attorneys a copy of the jury selection questionnaire.[222]

Jury selection was expected to begin on April 15,[223] from a pool of over 500 candidates.[224]

Witnesses

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.[225]

Prosecutors also plan to call Daniels as a witness.[226] Former White House communications director Hope Hicks is expected to testify against Trump.[227][228] Other expected witnesses include Rhona Graff (Trump's executive assistant), Madeleine Westerhout (director of Oval Office Operations in 2019), McConney, Cohen, and a former employee of the organization's accounting department.[229] Allen Weisselberg is not expected to testify.[230]

Trump stated on April 12 that he intended to testify in his own defense, though he is not required to. He stated that "... all I can do is tell the truth. And the truth is that there's no case."[231]

Commentary and responses

Main article: Reactions to the prosecution of Donald Trump in New York

See also

Notes

  1. ^ In New York, falsifying business records is a misdemeanor, but can become a felony if done to further another crime.[6]
  2. ^ Pecker, a longtime associate and friend of Trump's, participated in a catch and kill operation to suppress stories that might damage Trump's 2016 campaign and helped connect Cohen with a lawyer for Daniels.[57][58]
  3. ^ Trump asserted that the DA had leaked his plans to indict Trump to the press. A Trump lawyer later revealed that Trump's assertion that he would be indicted was based on news media reports.[72]
  4. ^ By that day, Trump claimed that he welcomed the idea of being perp walked, a scenario which would likely not occur as a result of his indictment.[73]
  5. ^ After an initial online wave of support for protesting, far-right activists appeared to begin viewing the potential arrest as a leftist trap intended to cause riots which would hurt Trump's political career. Momentum shifted to instead supporting Trump's planned first 2024 rally in Waco, Texas, on March 25.[81]
  6. ^ Trump also posted (and later deleted) an image of himself wielding a baseball bat next to a picture of Bragg. Speaking to NBC News on March 26, Tacopina called these posts "ill-advised".[85][82]
  7. ^ In a post-arraignment news conference, Bragg cited potential violations including the alleged (1) unlawful promotion of a candidacy, (2) payment to Daniels exceeding the federal campaign contribution allowance, (3) illegal catch and kill operation coordinated with American Media, Inc., which may have falsely characterized related payments, and (4) underlying tax fraud when Weisselberg apparently recorded the reimbursement to Cohen as taxable income.[127][42]
  8. ^ The day of Trump's arraignment, although his DNA was not collected, Forbes speculated that it might be accessible to Carroll's team (though inadmissible at her April 25 trial).[138] The Daily Show guest host Roy Wood Jr. joked that a DNA sample from Trump is "kind of how he got into this mess in the first place", alluding to his alleged affair with Daniels, and said his DNA could likely "solve a bunch of cold cases from the '80s!"[139]
  9. ^ Additionally, Merchan asked the defense and prosecution to agree on a trial date.[132]

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