Prosecution of Donald Trump in New York

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This article is about the 2023 criminal prosecution against Donald Trump regarding alleged hush money payments. For other uses, see New York v. Trump (disambiguation).

New York v. Trump
A photograph of a crowd of people standing outside of Trump Tower. NYPD officers are dispersed in the crowd.
Protesters at Trump Tower on March 21, 2023, after Trump had initially and incorrectly claimed on social media he would be indicted and arrested that day
CourtNew York Supreme Court, County of New York
Full case nameThe People of the State of New York v. Donald J. Trump
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
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Interactions involving Russia
COVID-19 pandemic

Donald Trump's signature

Seal of the President of the United States

On March 30, 2023, Donald Trump, the president of the United States from 2017 to 2021, was indicted by a Manhattan grand jury for his alleged role in a scandal stemming from hush money payments made to the pornographic film actress Stormy Daniels prior to the 2016 U.S. presidential election.[2][3][4] The indictment, the first directed at a U.S. president,[5][6][7] concerned falsified business records regarding the payments. Trump faces 34 charges of falsifying business records in the first degree.[8][9][10] The charges were under seal until published when Trump was arraigned in the Manhattan Criminal Court on Tuesday, April 4.[11][12] In New York, falsifying business records is a misdemeanor, but could become a felony if done to further another crime.[13] The next in-person hearing is set for December 4 in New York.[14] A court trial is not guaranteed.[12]

The indictment was filed with the New York Supreme Court (which is the ordinary trial court in the state of New York and not the final court of appeal for the state) at the end of the business day on March 30.[15] Trump, who resides in Florida, traveled to New York City on April 3, and surrendered to the Manhattan District Attorney's office on the afternoon of April 4.[16][17] Because of security concerns, his surrender was not public.[16] Trump was released following his arraignment and returned to Mar-a-Lago.

Throughout the investigation, Trump verbally attacked his prosecutor, district attorney Alvin Bragg, and accused him of having political motivations.[18] Despite the indictment, criminal charges do not legally preclude Trump from running for office,[3][19] and he has already declared his candidacy in the upcoming 2024 presidential election.[20] The indictment came as a surprise to Trump and his aides as they were expecting it to come weeks later.[21] Trump and his legal team believed the district attorney's office would reach out to them directly; instead, they learned about the event from the press.[22]

Background

Stormy Daniels–Donald Trump scandal

Main article: Stormy Daniels–Donald Trump scandal
A blond white woman with a pink dress and long earrings smiling while looking 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. Their son, Barron Trump, had just been born.[23] According to Daniels, Trump invited her to his penthouse at Harrah's Lake Tahoe[24] where the two had sex and talked about making her a guest on The Apprentice.[25][26] 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 by Trump's lawyers, and Daniels disputed the story's veracity.[27]

As Trump's 2016 presidential campaign began, Rodriguez approached multiple publications—including the National Enquirer—and attempted to sell the story. The National Enquirer bought the story following the publication of a lewd tape between Trump and the television host Billy Bush in October 2016. The National Enquirer sought to suppress the story in an effort to help the Trump campaign. Rather than paying Daniels, the National Enquirer editor-in-chief Dylan Howard negotiated a $130,000 non-disclosure agreement with Cohen. As the election neared, Cohen attempted to find the money and repeatedly delayed her payment. Keith Davidson, Daniels' lawyer, cancelled 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.[27][24]

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.[28] Rudy Giuliani, an attorney for Trump, refuted these claims in a Fox News interview, saying that Trump was aware of the payments.[29] 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.[30] The payments made to Cohen were labeled as a legal expense, a misdemeanor in New York. Prosecutors also considered the legality of Cohen's payment; in New York, falsifying business records to cover up a crime is a Class E felony.[31]

In January 2018, The Wall Street Journal reported on Cohen's payment.[32] Cohen pleaded guilty to eight criminal counts relating to the payment—as well as a payment made to the Playboy model 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".[33] In December 2018, Cohen was sentenced to three years in prison.[34]

Manhattan grand jury investigation

Main article: New York criminal investigation of The Trump Organization

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.[35] The office paused its inquiry when federal prosecutors of the 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.[36] 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.[37] The Manhattan district attorney's office then issued a subpoena for the Trump Organization in August, seeking documents relating to the payments.[38] Additionally, the office subpoenaed accounting firm Mazars USA, demanding eight years of Trump's corporate tax returns.[39] Trump's lawyers sued Vance to block the subpoena, citing Trump's immunity from criminal inquiries as the president of the United States;[40] in Trump v. Vance, the Supreme Court ruled 7–2 in favor of Vance, allowing the subpoena to continue.[41]

In December 2020, Manhattan prosecutors began intensifying their investigation, investigating employees of Deutsche Bank and insurance brokerage Aon.[42] The Supreme Court ruled once more in February 2021 that the Manhattan district attorney's office could obtain Trump's tax records,[43] and obtained these records following the Supreme Court's ruling.[44] The Manhattan district attorney's office began focusing its attention on Allen Weisselberg, the chief financial officer (CFO) of the Trump Organization,[45] and charged the Trump Organization with running a tax scheme in July.[46] Following the 2021 New York County District Attorney election, Alvin Bragg succeeded Vance as the Manhattan District Attorney.[47] In February 2022, Mark 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.[48] Bragg continued the investigation throughout 2022,[49] and moved to continue the hush money inquiry into Trump.[50]

In January 2023, the Manhattan district attorney's office impaneled a 23-person[51] grand jury, and began presenting evidence of Trump's role in paying Stormy Daniels.[52] The grand jury had been hearing evidence for two months leading up to the indictment, typically meeting on Mondays and Wednesdays.[51] In March 2023, prosecutors signaled an indictment was likely,[53] and on March 18, Trump claimed that he was to be arrested the following week, calling for protests in anticipation of a possible indictment.[54][55] 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.[51] Metal barriers were set up around Trump Tower and the district Criminal Court Building.[56] A law enforcement source told Reuters that police would close streets around the courthouse in advance of Trump's expected appearance on April 4.[57] On March 30, prior to the grand jury voting to indict, an unidentified witness testified for approximately 30 minutes to them.[58]

Other investigations

Trump is also the subject of two additional investigations—one over his efforts to overturn Georgia's 2020 presidential election results, and the other in Washington, D.C., over his handling of classified and national defense-related government documents.[3] The New York indictment is not expected to affect the Georgia case, according to a source familiar with the thinking of staff in the Fulton County district attorney's office; charges leading to indictments stemming from this investigation could come as soon as the first half of 2023.[59]

Pre-indictment statements

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!"[54] 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.[60] A demonstration was held by the New York Young Republican Club on March 20, though it was vastly outnumbered by the presence of journalists.[61]

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.[62] 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.[63]

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.[62]

Indictment

File:Trump in Court.jpg
Donald Trump sitting in court on April 4, 2023 facing his 34 criminal charges
The indictment, released on April 4

The Manhattan grand jury voted to indict Trump on March 30.[64] Acting New York Supreme Court Justice Juan Merchan will preside over the case.[65] On April 4, Trump attended a plea hearing and pleaded "not guilty" to all his charges,[66] meaning he may go to trial. If found guilty by any means, he will be sentenced.[64]

The charges are believed to be related to Trump's payment to Stormy Daniels as hush money, which could be considered a violation of campaign finance rules under the federal law because it helped his election bid. The payment was listed in his business records as a "legal expense". 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 the state law to one committed under the federal law.[67][68]

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.[69][70] In addition, he also hired a lawyer who previously defended Paul Manafort during his fraud trial in 2016 and now left his law firm to aid in representation.[71] After the arraignment on April 4, Trump is scheduled to speak at Mar-a-Lago in the evening.[69] 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.[70] Eric Adams, the mayor of New York City, warned protestors to be peaceful.[72] Merchan ruled that there would be no TV cameras inside the courtroom, allowing only five still photographers,[73] and the courtroom's glass doors were covered.[74]

It was not expected that the police would take his mug shot. The usual purpose of a mug shot is to help the public identify an alleged criminal if they flee. This was not applicable for Trump, who was already widely recognizable. Officials did not want to risk the leaking of a mug shot, as they would have to investigate the leak as a crime. Trump was not expected to be handcuffed either.[75] Upon entering the courthouse, Trump was put in police custody and placed under arrest.[76][77] Trump entered the courtroom an hour later,[78] pleading not guilty to 34 felony charges.[79] The indictment was unsealed and released shortly thereafter, alleging that Trump committed 34 counts of falsifying business records in the first degree as part of a "conspiracy to undermine the integrity of the 2016 election."[80][81]

Commentary and responses

Public opinion

Prior to the indictment, a majority of Americans[82] believed that Trump committed serious crimes and the investigation was fair.[83][84]

Following the indictment, an ABC News/Ipsos poll shows a plurality of Americans believed Trump should be charged, with 45% of voters believing Trump should be charged, 32% believe he should not, and 23% saying that they "don't know". The poll was split between party lines, with 88% of Democrats and 16% of Republicans believing Trump should be charged.[85]

Trump

Trump attributed his indictment to political persecution and election interference, among other things.[86] 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".[87] The 2024 Trump campaign stated that it received over $4 million of donations in the 24 hours after the indictment was announced,[88] and $7 million after three days.[69]

The day after Trump was indicted, he criticized Juan Merchan, the New York Supreme Court judge set to oversee the case. He wrote Merchan hates him and treated his companies viciously in another case, and "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.[89] Trump claimed that Merchan had been "hand picked by Bragg & the prosecutors". The New York Daily News reported that Merchan was randomly assigned to the case and that prosecutors have no choice in the matter.[90]

Republicans

Congressional Republicans generally condemned the indictment as unprecedented and a weaponization of justice, without knowing particular facts in the sealed indictment. Some alleged the indictment constituted election interference, as Trump was an announced candidate in the November 2024 presidential election.[91] Kevin McCarthy, 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".[91][92] When Senator Lindsey Graham was interviewed by Fox News, he gave an apparently tearful plea to viewers 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".[93][94]

House Judiciary Committee chair Jim Jordan, House Oversight Committee chair James Comer and House Administration Committee chair Bryan Steil quickly sent Bragg a letter calling for him to testify before their committees, and provide communications, documents and testimony about the inquiry, asserting the indictment was 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 were confidential under state law.[95][96] Jordan in February 2023 received a private request from Trump's lawyer Joe Tacopina to investigate Bragg for his actions against Trump, reported The New York Times and CNN.[97][98] 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, reported CNN on March 28.[98] 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."[98]

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.[99] 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." [100] Former vice president Mike Pence called the indictment an outrage and a "political prosecution".[101] Ron DeSantis, the governor of Florida, the state in which Trump resides, has said that the state of Florida will not assist with any extradition of Trump to New York.[102] 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.[103]

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".[104] Schiff served as the lead impeachment manager during Trump's first impeachment trial.[105] The Biden administration said they would not partake in the public discussion. Democrats have billed the indictment as Trump being held accountable under the law.[106][107]

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.[108]

Commentary and media analysis

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.[109] The Guardian's David Smith notes that Trump has been adept at turning around allegations and playing the victim, and that his tactics will work with his base.[110] The Financial Times's (FT) 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.[111]

The FT's 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.[68]

Misinformation and conspiracy theories

Before Trump's indictment, Bellingcat founder Eliot Higgins facetiously created an AI-generated image of Trump being arrested using Midjourney. 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.[112]

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'.[113] Other conspiracy theories purporting a connection between George Soros and Bragg were promoted and spread by Trump, 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 is only one of many such donors, and had no contact with Bragg.[114][115][116] Threats were also directed at the two, and some on Trump's social media platform Truth Social called for armed defense of Mar-a-Lago, though there seems to be no real coordinated effort.[113]

See also

External links

References

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