Bragg, Alvin

Subterms

    More stories

    • 125 Shares139 Views

      in Elections

      Trump’s Georgia Lawyers Seek to Quash Special Grand Jury Report

      by

      In a motion filed on Monday, the lawyers ask that the Fulton County district attorney’s office be recused from the criminal investigation into election interference in the state in 2020.ATLANTA — Lawyers for former President Donald J. Trump filed a motion in a Georgia court on Monday seeking to quash the final report of a special grand jury that investigated whether Mr. Trump and some of his allies interfered in the 2020 election results in Georgia. The motion also seeks to “preclude the use of any evidence derived” from the report, and asks that the office of Fani T. Willis, the Fulton County district attorney, be recused from the case.The move comes as Mr. Trump has started pushing back more broadly against several criminal investigations into his conduct. Over the weekend, Mr. Trump said in a social media post that he would be arrested on Tuesday as part of an investigation by the Manhattan district attorney into a hush money payment he made to to a porn actress, and called on his supporters to protest.In Georgia, Mr. Trump is seen as having two main areas of legal jeopardy: the calls he made in the weeks after the 2020 election to pressure state officials to overturn the results there, and his direct involvement in efforts to assemble an alternate slate of electors, even after three vote counts affirmed President Biden’s victory in the state. Experts have said that Ms. Willis appears to be building a case that could target multiple defendants with charges of conspiracy to commit election fraud or charges related to racketeering.Notice of the filing appeared in the official court docket on Monday morning, but the filing itself was not yet public, so the lawyers’ reasoning was not yet clear. Mr. Findling acknowledged that he had filed it on Mr. Trump’s behalf, along with Ms. Little and another lawyer from Mr. Findling’s firm, Marissa Goldberg.Last month, Mr. Trump’s lawyers in the Georgia case, Drew Findling and Jennifer Little, said that the forewoman of the special grand jury in Fulton County had “poisoned” the inquiry there by granting a number of media interviews in which she discussed details of the jury’s work. Last week, five other jurors discussed aspects of their work in an interview with The Atlanta Journal-Constitution.The Fulton County special grand jury was sworn in last May and met behind closed doors for months, hearing testimony from 75 witnesses. It did not have the power to issue indictments; rather, it produced a report containing recommendations on whether and whom to indict. Portions of the report were released in January, but key sections remain under seal, including those detailing which people the jury believes should be indicted, and for what crimes.Drew Findling, a lawyer for Mr. Trump, in Atlanta in 2021.Alyssa Pointer/Atlanta Journal-Constitution, via Associated PressIn interviews late last month with a number of news outlets, the forewoman, Emily Kohrs, did not divulge specific details of the jury’s recommendations, although she told The New York Times that the jury had recommended indictments for more than a dozen people. Asked if Mr. Trump was among them, she said: “You’re not going to be shocked. It’s not rocket science.”In her round of interviews, Ms. Kohrs, 30, said she was trying to carefully follow rules set out by the judge presiding over the case, Robert C.I. McBurney of Fulton County Superior Court. Judge McBurney has not barred the jurors from talking, though he told them not to discuss their deliberations.Lawyers for Mr. Trump argued after Ms. Kohrs spoke publicly that in discussing the case, she had divulged a number of matters that they believed constituted “deliberations.” Judge McBurney, however, noted at the time, in an interview with the Atlanta Journal-Constitution, that “deliberations” only covered discussions they had privately in the jury room. Other aspects of their work could be discussed publicly, he said.Even given this leeway, the six jurors who have spoken with news outlets have played it conservatively, declining to discuss whom they had singled out as meriting indictment.In some of Ms. Kohrs’s television news interviews, she sometimes used light and playful language, prompting some critics to charge that the grand jury’s deliberations seemed to have lacked the gravity befitting a criminal inquiry into a former president. Ms. Kohrs was even the subject of a “Saturday Night Live” skit.But some legal experts said they doubted whether Ms. Kohrs’s comments would have much of an impact on the Georgia case. Any criminal indictments would be issued by a regular grand jury.Mr. Trump announced a new presidential campaign in November, and he is leading his Republican opponents in most polls. But his legal troubles present him with challenges that have few, if any, precedents in American history. No president, sitting or former, has ever been charged with a crime.Before his public statements this weekend anticipating an imminent indictment in New York, Mr. Trump had sent out numerous fund-raising emails criticizing prosecutors in the various cases against him and portraying him as a victim of partisan forces. “The Left has turned America into the ‘Investigation Capital of the World,’ as our country’s enemies brilliantly plot their next move to destroy our nation,” he stated in one such email on March 13.The New York investigation is being led by Manhattan’s district attorney, Alvin L. Bragg. Prosecutors working in Mr. Bragg’s office have indeed signaled that an indictment of Mr. Trump could be imminent. Mr. Trump’s declaration that he would be arrested on Tuesday appears to involve guesswork on his part, however; after his post on his Truth Social website, a spokesperson issued a statement saying that Mr. Trump did not have direct knowledge of the timing of any arrest. More

    • 88 Shares129 Views

      in Elections

      Out of Power, Trump Still Exerts It

      by

      An early-morning social media post amounted to a starter’s gun for Republican officials: Many raced to the former president’s side, denouncing a Democratic prosecutor investigating him.Since he left office, Democrats and a smaller number of Republicans have vowed to ensure that former President Donald J. Trump never recaptures the White House, where he would regain enormous power over the nation and around the globe.Yet, in his insistence on forging ahead with a campaign while facing multiple criminal investigations, his dismissiveness toward supporting Ukraine against Russian aggression and his continued provocations on social media and in campaign speeches, Mr. Trump has shown that he does not need control over the levers of government to have an effect on the country — and, in the minds of many, to do damage.To those who believed that the secret to banishing Mr. Trump was to deprive him of attention — that ignoring him would make him go away — he has shown that to be wishful thinking.To fully understand that, one need look no further than the events of Saturday. The day began with a 7:26 a.m. post by Mr. Trump on his social media site, Truth Social, declaring that he would be arrested on Tuesday, even though the timing remains uncertain, and calling on people to “protest” and “take our nation back.”The effect was like that of a starter’s gun: It prompted Republican leaders to rush to Mr. Trump’s side and to attack the Manhattan district attorney, Alvin L. Bragg, a Democrat, who has indicated he is likely to bring charges against Mr. Trump in connection with 2016 hush money payments to a porn star who said she’d had an affair with him.House Speaker Kevin McCarthy, a Trump ally, wrote on Twitter that Mr. Bragg’s investigation was an “abuse of power” and that he would direct congressional committees to investigate whether any federal money was involved — a thinly veiled threat at a key moment before Mr. Bragg makes his plans clear.A crush of other Republicans denounced the expected charges as politically motivated. They included one declared presidential candidate, Vivek Ramaswamy, and one potential candidate who has not yet formally entered the primary field, former Vice President Mike Pence.Senator J.D. Vance of Ohio, who has endorsed Mr. Trump in the 2024 campaign, tweeted that a “politically motivated prosecution makes the argument for Trump stronger.” And both he and Representative Elise Stefanik, a staunch Trump backer from New York, accused Mr. Bragg and his fellow Democrats of trying to turn America into a “third-world country.”The rallying around Mr. Trump evoked the days after the Nov. 3, 2020, election, when his two eldest sons pressured many leading Republicans — who had been waiting for the president to concede defeat — to instead fight on his behalf.This time, however, as when F.B.I. agents executed a search warrant at Mr. Trump’s club and home, Mar-a-Lago, in August, there was no need for anyone to sound the alarm. Mr. Trump’s social media post did that on its own.House Speaker Kevin McCarthy on Friday in Washington. Mr. McCarthy said he would seek an investigation of whether the Manhattan district attorney used any federal money in the Trump inquiry.Al Drago for The New York TimesIt was lost on no one that the investigations Mr. Trump is facing include a Justice Department probe of his efforts to stay in power in the lead-up to the Jan. 6, 2021, attack on the Capitol by a mob of his supporters, several of whom have told prosecutors that they felt summoned to Washington by a tweet from Mr. Trump the previous month.The authorities in New York City were already preparing for possible unrest in response to an indictment before Mr. Trump’s Saturday morning call to action. And while some Republicans did not echo his call for protests while defending him, relatively few publicly objected to them. Mr. McCarthy on Sunday seemed to split the difference, saying he did not believe people should protest an indictment and did not think Mr. Trump really believed they should, either, according to NBC News.“There is a lot of power in the presidency, which is dangerous in the hands of a self-interested demagogue,” said David Axelrod, a veteran Democratic strategist and former adviser to President Obama. “But as we’ve seen, there are also some institutional constraints. Without those, there are no guardrails around Trump. And the more embattled he feels, the more inclined he’ll be to inflame mob action.”Already, Mr. Trump’s hold on the party has far outlasted his time in office. While the 2022 midterms revealed his weaknesses in picking candidates who could win a general election and his failure to focus on issues appealing to a broader group of voters, he nonetheless has continued to bend the G.O.P. to his will.In the midterm primaries, embracing his lie that the 2020 election was stolen from him became a litmus test for candidates seeking his backing. Many of them echoed, and amplified, his false claims, eating away at voters’ trust in the electoral process.Mr. Trump has also wielded outsize influence on several major issues in the Republican primary.When Russia invaded Ukraine in 2022, Mr. Trump initially described it as a “smart” attempt to gain control over another country’s land. He hasn’t repeated that praise, but he has spoken out against treating Ukraine as a key national priority.His position resonates with much of the Republican voting base. But Mr. Trump, as a former president and as the leader in Republican primary polls, has helped set the tone for the party. And that has worried international officials, who have predicted that Mr. Trump’s winning the 2024 presidential nomination could fracture the bipartisan coalition in Washington behind aiding Ukraine.“I do hope, I would say not only from a European perspective but from a global perspective, that Republicans will nominate a candidate that is much more attached to American global leadership than Trump and Trumpists,” Anders Fogh Rasmussen, the former secretary general of NATO, told Alexander Burns of Politico last week, predicting a “geopolitical catastrophe.”Other questions remain for what a Trump indictment might mean if Mr. Trump, who has said he would not quit the race if charged, indeed remains a candidate in 2024, let alone recaptures the nomination.Not being the incumbent means Mr. Trump lacks the ultimate platform from which to summon his followers, as well as the trappings of power that so appealed to some of those who most vocally support him.But Mr. Trump’s strength as president never derived entirely from the office itself. He had spent decades building a fan base across the country and portraying himself as synonymous with success in business, though that image was as much artifice as fact.Keith Schiller, a long-serving personal aide to Mr. Trump, was a detective in the New York Police Department.Al Drago for The New York TimesFor years, Mr. Trump moved in some of New York’s power circles even as other elites shunned him. He has decades-long ties, for example, to New York law enforcement officials whose agencies would play a role in providing security during an eventual indictment, arrest or arraignment.Dennis Quirk, the head of the court officers association, once advised Mr. Trump on construction of the Wollman Rink, the ice skating rink in Central Park whose renovation was crucial to Mr. Trump’s selling of himself as an innovator.Mr. Trump was endorsed by the nation’s largest police union, the Fraternal Order of Police, in 2020. And his long-serving personal aide, Keith Schiller, was a New York City police detective.Among those assailing the Manhattan district attorney on Saturday was Bernard B. Kerik, the former New York City police commissioner, who took part in efforts to keep Mr. Trump in power after the 2020 election and has known him since Mr. Trump was mainly a New York real estate developer.“At some point, local, state, and federal law enforcement officers need to stand up and walk out, if they’re forced to engage in illegal political persecutions!” Mr. Kerik wrote on Twitter. “You cannot break the law to enforce it, and that is exactly what @ManhattanDA is doing.” More

    • 113 Shares139 Views

      in Elections

      Dissecting Charges That Could Arise From the Trump Investigations

      by

      Prosecutors in New York, Georgia and the Justice Department face complex choices about what crimes to charge if they decide to indict Donald Trump.WASHINGTON — Prosecutors like to say that they investigate crimes, not people. The looming decision by the Manhattan district attorney about whether to indict former President Donald J. Trump on charges related to an alleged hush money payment to a porn actress is highlighting the complexity of the legal calculations being made by prosecutors in New York, Georgia and the Justice Department as they examine Mr. Trump’s conduct on a number of fronts.The investigations — which also focus on Mr. Trump’s efforts to cling to power after the 2020 election and his handling of classified documents after leaving office — are confronting prosecutors with tough choices. They must decide whether and how to charge not just Mr. Trump, but also associates who could face jeopardy for actions to which he was not a direct party, like mail or wire fraud for communications that he did not participate in.The publicly known understanding of the evidence is incomplete. It is not clear, for example, in several instances what facts investigators have been able to gather about Mr. Trump’s personal knowledge, directions and intentions related to several of the matters.Here is a look at some of the criminal laws that different prosecutors appear to be weighing and how they might apply to Mr. Trump’s actions.Stormy Daniels was paid $130,000.Markus Schreiber/Associated PressThe Stormy Daniels Hush Money PaymentOverviewAlvin L. Bragg, the Manhattan district attorney, appears to be nearing a decision about whether to charge Mr. Trump with a crime related to his $130,000 hush money payment just before the 2016 election to the pornographic film actress Stormy Daniels, who has said they had an extramarital affair. Michael D. Cohen, Mr. Trump’s former lawyer and fixer, sent the money to Ms. Daniels, and the Trump Organization reimbursed him over the course of 2017, according to a 2018 federal court filing in Mr. Cohen’s case. Mr. Trump’s business concealed the true purpose of the payments, the filing said, by recording them as having been for a legal retainer that did not exist.Potential charge: Bookkeeping fraudThe New York Times has reported that the case may include a potential charge of falsifying business records under Article 175 of the New York Penal Law. A conviction for a felony version of bookkeeping fraud carries a sentence of up to four years.To prove that Mr. Trump committed that offense, prosecutors would seemingly need evidence showing that he had knowingly caused subordinates to make a false entry in his company’s records “with intent to defraud.” For the action to be a felony rather than a misdemeanor, prosecutors would also need to show that Mr. Trump falsified the business records with the intention of committing, aiding or concealing a second crime.The public understanding of Mr. Bragg’s theory of the case remains murky and incomplete. The district attorney’s office has reportedly weighed invoking alleged campaign-finance violations as that intended second crime, which could raise complications. Among other things, presidential elections are governed by federal law, and it is not clear whether Mr. Bragg has found a theory by which a state campaign law covered Mr. Trump’s actions, or if a state prosecutor can cite a law over which he lacks jurisdiction. It remains possible that Mr. Bragg has obtained nonpublic evidence of some other intended offense, like if there was any initial intention to deduct the payments as a business expense on state tax returns.Bookkeeping fraud has a two-year statute of limitations as a misdemeanor and a five-year one as a felony, both of which would normally have expired for payments made to Mr. Cohen in 2017. But New York law extends those limits to cover periods when a defendant was continuously out of state, as when Mr. Trump was while living in the White House or at his home in Florida. In addition, during the pandemic, New York’s statute of limitations was extended by more than a year.Mr. Trump has claimed — without evidence — that he declassified all the files taken to Mar-a-Lago.Saul Martinez for The New York TimesThe Mar-a-Lago DocumentsOverviewJack Smith, a special counsel for the federal Justice Department, is investigating matters related to Mr. Trump’s handling of several hundred documents marked as classified that he kept at his Florida club and home, Mar-a-Lago, after leaving office, and how Mr. Trump resisted efforts by the government to retrieve all of those files. After the Justice Department obtained a subpoena for all remaining files marked as classified, a lawyer for Mr. Trump, M. Evan Corcoran, turned over some while helping to draft a statement falsely saying those were all that remained. In August, the F.B.I. executed a search warrant and found 103 more, including in Mr. Trump’s desk.Prosecutors last week persuaded a federal judge that Mr. Corcoran should be compelled to answer more questions from a grand jury investigating the documents matter, notwithstanding attorney-client privilege. That means the judge agreed with prosecutors that the situation met the threshold for an exception for lawyer communications or work that apparently helped further a crime.Potential charge: Unauthorized retention of national security documentsOne of the charges the F.B.I. listed in its affidavit for the Mar-a-Lago search warrant was Section 793(e) of Title 18, a provision of the Espionage Act. Prosecutors would have to show that Mr. Trump knew he was still in possession of the documents after leaving the White House and failed to comply when the government asked him to return them and then subpoenaed him. The theoretical penalty is up to 10 years per such document.Prosecutors would also have to show that the documents related to the national defense, that they were closely held and that their disclosure could harm the United States or aid a foreign adversary. Although Mr. Trump has claimed — without evidence — that he declassified all the files taken to Mar-a-Lago, prosecutors would not need to prove that they were still classified because the Espionage Act predates the classification system and does not refer to it as an element..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.Potential charge: ObstructionAnother charge in the F.B.I. affidavit was Section 1519 of Title 18, which makes it a crime to conceal records to obstruct an official effort. Prosecutors would need to show that Mr. Trump knew he still had files that were responsive to the National Archives’ efforts to take custody of presidential records and the Justice Department’s subpoena for files marked as classified, and that he intentionally caused his subordinates to fail to turn them all over while leading officials to believe they had complied. The penalty is up to 20 years per offense.Potential charge: Mishandling official documentsA third charge in the affidavit was Section 2071 of Title 18, which criminalizes the concealment or destruction of official documents, whether or not they were related to national security. Among other things, former aides to Mr. Trump have recounted how he sometimes ripped up official documents, and the National Archives has said that some of the Trump White House paper records transferred to it had been torn up — some of which were taped back together and some of which were not reconstructed. The penalty is up to three years per offense plus a ban on holding federal office, although the latter is most likely unconstitutional, legal experts say.Potential charge: Contempt of courtSection 402 of Title 18 makes it a crime to willfully disobey a court order, like the grand jury subpoena Mr. Trump received in May 2022 requiring him to turn over all documents with classification markings remaining in his possession. It carries a penalty of a fine of up to $1,000 and up to six months in prison. To bring this charge, prosecutors would need evidence showing he knew that he was still holding onto other files with classification markings during and after his representatives purported to comply with the subpoena.Potential charge: Conspiracy to make a false statementSection 1001 of Title 18 makes it a crime to make a false statement to a law enforcement officer about a fact material to the officer’s investigation, and Section 371 makes it a crime to conspire with another person to break that or any other law. It carries a penalty of up to five years. Prosecutors would need to be able to show that Mr. Trump and Mr. Corcoran knew and agreed that the lawyer should lie to the Justice Department about there being no further documents responsive to the subpoena.Ballots being recounted in Atlanta, which is part of Fulton County, in 2020.Nicole Craine for The New York TimesThe Georgia Election Law InvestigationOverviewFani T. Willis, the district attorney for Fulton County, Ga., is investigating events related to Mr. Trump’s attempts to overturn President Biden’s narrow victory in that state in the 2020 election. Among other things, in a phone call that was recorded and leaked, Mr. Trump called Georgia’s secretary of state, Brad Raffensperger, and pressured him to “find” enough additional votes for him to flip the outcome.Ms. Willis is also investigating Trump associates’ efforts to get 16 of his supporters to falsely declare themselves to be an alternative slate of electors from Georgia, which helped lay the groundwork for Mr. Trump’s push to get Vice President Mike Pence to reject the true results when Congress met to certify the election on Jan. 6, 2021.Potential charges: Election code violationsMost elections offenses in Georgia’s code are misdemeanors, but there are several felony charges that Ms. Willis may be considering, based on the same basic set of facts. These include Section 21-2-603, which makes it a crime to conspire with another person to violate a provision of the election code, and Section 21-2-604, which makes it a crime to solicit another person to commit election fraud.To bring such a charge against Mr. Trump, prosecutors would need to cite another election law whose violation was his alleged goal. It is possible, for example, that they might be considering contending that Mr. Trump’s pushing Mr. Raffensperger to “find” additional votes amounted to implicitly asking him to violate a provision that makes it a felony for the secretary of state to alter official election records, but Mr. Trump’s language was not explicit.Potential charge: RacketeeringMs. Willis has indicated that she is considering bringing charges under Georgia’s Racketeer Influenced and Corrupt Organizations Act. So-called RICO laws are tools that were developed to make it easier to go after organized criminal enterprises, and can be used against members of any group that engaged in a pattern of criminal activities with a common purpose. A conviction would carry a maximum penalty of 20 years in prison.To convict Mr. Trump under Georgia’s RICO law, Section 16-14-4, prosecutors would need to show that as part of his efforts with associates to overturn Georgia’s election results, he conspired with others or engaged in two or more offenses from a list of several dozen offenses, most of which are violent crimes but which include things like solicitation, forgery and making materially false statements to state officials.The House Jan. 6 committee made a criminal referral of Mr. Trump and others to the Justice Department.Haiyun Jiang/The New York TimesThe 2020 Election and Jan. 6OverviewMr. Smith, the special counsel, is also conducting a broader federal investigation into Mr. Trump’s attempt to overturn the 2020 election results and the events of Jan. 6. The House committee that carried out the investigation into the riot last year made a criminal referral of Mr. Trump and others to the Justice Department. While that was of largely symbolic value — the department already had an investigation open and Congress has no authority to prosecute — the analysis in the panel’s final report sets out possible charges that Mr. Smith could also consider.Potential charge: Obstruction of an official proceedingOne criminal accusation the Jan. 6 committee leveled against Mr. Trump was the attempted corrupt obstruction of an official proceeding, under Section 1512(c) of Title 18. It is punishable by up to 20 years in prison. Prosecutors have used this law to charge about 300 ordinary Jan. 6 defendants — people who rioted — and an appeals court is currently weighing whether that charge has been appropriately applied in those cases. But even if the judiciary upholds use of the charge, such a case against Mr. Trump would be very different since he did not physically participate in the riot.The Jan. 6 committee argued that he could be charged with it based on two sets of actions. First, it argued that his summoning of supporters to Washington and urging them to march on the Capitol and “fight like hell” violated that law. Mr. Trump’s defense team would surely seek to raise doubt about whether he intended for his supporters to riot, including because he also told them to protest “peacefully.”Second, the committee portrayed as criminal obstruction the scheme to recruit so-called fake electors from various states and pressuring Mr. Pence to cite their existence as a basis to delay certifying the election. The panel stressed how Mr. Trump had been told that there was no truth to his claims of a stolen election, which it said proved his intentions were corrupt. Among other things, Mr. Trump’s defense team would surely argue that because a lawyer, John Eastman, advised him to take those steps, there is no proof he understood that doing so was illegal.Potential charge: Conspiracy to defraud the United StatesA second criminal accusation leveled by the Jan. 6 committee was Section 371 of Title 18, which makes it a crime, punishable by up to five years in prison, to conspire with another person to defraud the government. The panel cited an array of evidence about Mr. Trump’s interactions with various lawyers and aides in pursuit of his effort to prevent the certification of Mr. Biden’s electoral victory. The committee also argued that prosecutors could prove Mr. Trump intended to be deceitful via evidence that he was repeatedly told that his allegations of widespread voter fraud were baseless.Potential charge: Conspiracy to make a false statementThe Jan. 6 committee highlighted the efforts to submit slates of fake electors to Congress and to the National Archives. As with other such potential charges, a key challenge for prosecutors would be proving Mr. Trump’s intentions and understanding beyond a reasonable doubt.Potential charge: InsurrectionThe committee also pointed to Section 2383 of Title 18, which makes it a crime to incite, assist or “aid and comfort” an insurrection against the authority and laws of the federal government. The panel emphasized in particular how Mr. Trump refused for hours to take steps to call off the rioters despite being implored by aides to do so, and an inflammatory tweet he sent about Mr. Pence in the midst of the violence.While the committee said the events of Jan. 6 met the standard for an insurrection, it is notable that prosecutors have not accused any of the Jan. 6 defendants to date of that offense — even those they charged with seditious conspiracy. More

    • 138 Shares169 Views

      in Elections

      Trump Grand Jury Could Hear From Critic of Prosecution’s Star Witness

      by

      The grand jury considering the hush-money case against Mr. Trump might hear the testimony of lawyer Robert J. Costello, a critic of the ex-president’s fixer.A Manhattan grand jury that is expected to vote soon on whether to indict Donald J. Trump may hear testimony Monday attacking the prosecution’s star witness, according to people with knowledge of the matter.The testimony would come from a lawyer, Robert J. Costello, who would appear at the request of Mr. Trump’s lawyers, the people said. Mr. Costello was once a legal adviser to Michael D. Cohen, Mr. Trump’s former fixer, who has been a key witness for the Manhattan district attorney’s office.Mr. Costello and Mr. Cohen had a falling out, and Mr. Costello would appear solely to undermine Mr. Cohen’s credibility, the people said.Under New York law, a person who is expected to be indicted can request that a witness appear on his or her behalf. Mr. Trump’s lawyers have asked that Mr. Costello testify, but the final decision rests with the grand jury; it is unclear whether they have made a decision. The grand jury has been hearing evidence about the former president’s involvement in a hush money payment to a porn star.Mr. Costello’s appearance would come soon after Mr. Cohen concluded his own grand jury testimony. If Mr. Costello testifies, there is also a chance that Mr. Cohen will be asked to return to rebut some of Mr. Costello’s assertions.A spokeswoman for the district attorney’s office declined to comment, as did Mr. Costello. A lawyer for Mr. Cohen, Lanny J. Davis, declined to comment.The district attorney, Alvin L. Bragg, a Democrat, is expected to seek an indictment of Mr. Trump as soon as this week. There have been several signals that charges may be imminent: The prosecutors gave Mr. Trump an opportunity to testify, a right given to people who will soon face indictment. They have now questioned nearly every major player in the hush money saga in front of the grand jury.Mr. Cohen made the $130,000 hush money payment to the porn star, Stormy Daniels, to bury her story of an affair with Mr. Trump.Michael D. Cohen arriving at 80 Centre Street for his 19th appearance being interviewed by the District Attorney’s office in New York this month.Jefferson Siegel for The New York TimesThe payment came in the run-up to the 2016 presidential election, and Mr. Trump subsequently reimbursed Mr. Cohen. Prosecutors are expected to accuse Mr. Trump of overseeing the false recording of the reimbursements in his company’s internal records. The records falsely stated that the payments to Mr. Cohen were for “legal expenses.”Mr. Trump has denied all wrongdoing, as well as having had an affair with Ms. Daniels, and has blasted the investigation as politically motivated. He has also called Mr. Bragg, a Democrat and the first Black person to serve as the district attorney, a “racist.”Mr. Costello’s appearance in the grand jury on Monday would likely kick off a string of attacks from Mr. Trump’s lawyers on Mr. Cohen’s credibility. If the case goes to trial, they are expected to highlight that Mr. Cohen himself pleaded guilty to federal crimes in 2018 stemming from the hush money payment, and to bring up other episodes from the former fixer’s personal history.But prosecutors may counter that Mr. Cohen was lying about the hush money payment on Mr. Trump’s behalf, and has been consistent in the telling of his story in recent years.Mr. Costello is likely to argue that Mr. Cohen can’t be trusted. In 2018, as Mr. Cohen was facing the federal investigation into the hush money, a mutual friend introduced the two men. Mr. Costello offered to represent Mr. Cohen, and they spent hours meeting and speaking by phone.As a Republican lawyer with ties to Mr. Trump’s legal team, Mr. Costello offered to serve as a bridge between Mr. Cohen and the president’s lawyers. At one point, Mr. Costello contacted one of Mr. Trump’s lawyers to ask if the president might pardon Mr. Cohen.But the pardon never came, and Mr. Cohen never formally retained Mr. Costello. Mr. Cohen later waived their attorney-client privilege, Mr. Costello has said.Their relationship worsened as Mr. Cohen broke from Mr. Trump, and became one of his primary antagonists.“We will not be involved in that journey,” Mr. Costello wrote Mr. Cohen in a 2018 email, adding that his law firm “will be sending you a bill.” When it came, Mr. Cohen refused to pay. More

    • 150 Shares129 Views

      in Elections

      Inside the Payoff to Stormy Daniels That May Lead to Trump’s Indictment

      by

      Manhattan prosecutors investigating a payout to Stormy Daniels may be poised to make Donald J. Trump the first former president ever to be criminally indicted.At the time, it all was more tawdry than momentous. A reality star invited a porn actress half his age to a hotel room after a round in a celebrity golf tournament. She arrived in a spangly gold dress and strappy heels. He promised to put her on television and then, she says, they slept together.Yet the chain of events flowing from the 2006 encounter that the adult film star, Stormy Daniels, has said she had with the television personality, Donald J. Trump, has led to the brink of a historic development: the first criminal indictment of a former American president.The Manhattan district attorney, Alvin L. Bragg, has signaled he is preparing to seek felony charges against Mr. Trump; Mr. Bragg is expected to accuse him of concealing a $130,000 hush-money payment that Michael D. Cohen, Mr. Trump’s lawyer and fixer, made to Ms. Daniels on the eve of the 2016 presidential election.A conviction would be likely to hinge on prosecutors’ proving that Mr. Trump reimbursed Mr. Cohen and falsified business records when he did so, possibly to hide an election law violation.It would not be a simple case. Prosecutors are expected to use a legal theory that has not been assessed in New York courts, raising the possibility that a judge could throw out or limit the charges. The episode has been examined by both the Federal Election Commission and federal prosecutors in New York; neither took action against Mr. Trump.Mr. Trump has denied having sex with Ms. Daniels and said he did nothing wrong. The former president, who is seeking the Republican nomination for the White House, has made it clear that he will cast the indictment as a political “witch hunt” and use it to rally his supporters. On Saturday, he predicted he would be arrested on Tuesday and called for protests.The prosecutors’ chief witness would be Mr. Cohen, who pleaded guilty to federal campaign finance violations in August 2018, admitting he helped arrange the Daniels payment — and another to a former Playboy model — to aid Mr. Trump’s presidential bid at the behest of Mr. Trump.Any indictment of Mr. Trump brought by the Manhattan district attorney, Alvin L. Bragg, would rely on a legal theory that has not been tested in New York courts, making its success far from assured.Benjamin Norman for The New York TimesAn indictment would mark another extraordinary episode in the Trump era: The former president — whose tenure closed with a riot at the Capitol, who tried to overturn a fair election and who is under investigation for failing to return classified material — may face his first criminal charge for paying off a porn star.A Lake Tahoe encounterMs. Daniels, born Stephanie Gregory and raised mostly in a ramshackle ranch house in Baton Rouge, La., was 27 in July 2006, when she met Mr. Trump, then 60, at the celebrity golf tournament in Nevada.As a child, she wrote in her 2018 memoir, “Full Disclosure,” she felt ashamed and motivated after overhearing a friend’s father refer to her as “white trash.” Attracted by the money she could make, Ms. Daniels started as an exotic dancer even before she finished high school, working at a local joint called Cinnamon’s. At 23, she began acting in pornographic movies and soon married the first of her four husbands: Bartholomew Clifford, who directed adult films under the name “Pat Myne.”When he met Ms. Daniels, Mr. Trump had largely transitioned from real estate mogul to reality star; he had traveled to the tournament without his third wife, Melania, who remained behind with their newborn son. Mr. Trump and Ms. Daniels crossed paths on the golf course and later in the gift room, where they were photographed together at a booth for her porn studio, Wicked Pictures. He invited her to dinner.As they chatted that night in Mr. Trump’s penthouse at Harrah’s Lake Tahoe — she has said he wore black silk pajamas and slippers — he told her that she should be on “The Apprentice,” an NBC reality show. She doubted he could make it happen. He assured her he could, she said.Afterward, he would phone her occasionally from a blocked number, calling her “Honeybunch.” They saw each other at least twice more in 2007, at a launch party for the short-lived Trump Vodka and at the Beverly Hills Hotel, where they watched “Shark Week.” But they did not sleep together again. And Mr. Trump never put her on “The Apprentice.” Still, he kept calling, she has said. Eventually, she stopped answering.Selling storiesStormy Daniels, an adult film star, was paid $130,000 by Mr. Trump’s fixer in exchange for her silence.Shannon Stapleton/ReutersSince 2000, Mr. Trump had staged long-shot presidential runs that more resembled publicity stunts than serious bids for office. He kicked off another in 2011, promoting conspiracy theories that then-President Barack Obama had been born outside the United States. As he did so, Ms. Daniels, still bitter, began working with an agent to see if she could sell the story of their liaison.They negotiated a $15,000 deal with Life & Style, a celebrity magazine, telling its reporter that Ms. Daniels believed Mr. Trump’s offer to make her a contestant had been a lie, according to a transcript later published online.“Just to impress you, to try to sleep with you?” the reporter asked. “Yeah,” Ms. Daniels responded. “And I guess it worked.”When the magazine contacted the Trump Organization for comment, Michael Cohen returned the call. A lawyer who had joined the company four years earlier, Mr. Cohen had become Mr. Trump’s fixer, diving headlong into resolving thorny problems for his boss and the Trump family. Mr. Cohen threatened to sue, the magazine killed the story, and Ms. Daniels did not get paid.Mr. Trump, for his part, dropped out of the race and continued hosting “The Apprentice.”That October, Ms. Daniels’s story about Mr. Trump surfaced briefly after her agent leaked it to a gossip blog called “The Dirty,” trying to gin up interest from a paying publication. A couple of media outlets followed up, but none offered payment. Ms. Daniels denied the story, and her agent had a lawyer in Beverly Hills, Calif., Keith Davidson, get the post taken down.As Mr. Obama prepared to leave office in 2015, Mr. Trump decided to run for president once more. That August, he sat in his office at Trump Tower with Mr. Cohen and David Pecker, the publisher of American Media Inc. and its flagship tabloid, The National Enquirer.Mr. Pecker, a longtime friend of Mr. Trump’s, had used The Enquirer to boost Mr. Trump’s past presidential runs. He promised to publish positive stories about Mr. Trump and negative ones about opponents, according to three people familiar with the meeting. Mr. Pecker also agreed to work with Mr. Cohen to find and suppress stories that might damage Mr. Trump’s new efforts, a practice known as “catch and kill.”The National Enquirer, a tabloid run by David Pecker, played a central role in efforts to “catch and kill” negative stories about Mr. Trump.Marion Curtis, via Associated PressIn spring 2016, Ms. Daniels attempted through her agent to sell her story again — this time for more than $200,000. But the publications she approached all passed, including The Enquirer.Around the same time, Karen McDougal, the former Playboy model, began exploring how to monetize her own tale of sleeping with Mr. Trump. Ms. McDougal, Playboy’s 1998 Playmate of the Year, has said she had an affair with Mr. Trump starting in 2006, when she was 35. They had spent time together in his Trump Tower apartment and at the same golf tournament where Ms. Daniels encountered him. But Ms. McDougal ended the relationship in 2007, she has said. Mr. Trump has denied the affair.In 2016, with her modeling career flagging, Ms. McDougal hired Mr. Davidson, the same lawyer who had helped Stormy Daniels remove the 2011 blog post.Karen McDougal, a former Playboy model, said she also had an affair with Mr. Trump and was paid by The National Enquirer for her story, which was never published.Bennett Raglin/Getty Images for BacardiThe lawyer approached The Enquirer’s editor, Dylan Howard, about buying Ms. McDougal’s story, and Mr. Howard and Mr. Pecker both briefed Mr. Cohen, three people with knowledge of the discussions have said. In late June, Mr. Trump personally appealed to Mr. Pecker for help in keeping Ms. McDougal quiet, according to an account Mr. Pecker gave federal prosecutors.But the tabloid did nothing until Ms. McDougal was about to give an interview to ABC News. In early August, American Media agreed to pay Ms. McDougal $150,000 for the exclusive rights to her story about Mr. Trump, camouflaging the real purpose of the deal by guaranteeing she would appear on two magazine covers, among other things, five people familiar with the events have said.American Media would later admit, in a deal to avoid federal prosecution, that the principal purpose of the agreement was to suppress Ms. McDougal’s story, which the company had no intention of publishing.Stormy Daniels, meanwhile, still had not found any takers for her story. Her luck changed in early October.‘It could look awfully bad’Mr. Trump’s fixer, Michael D. Cohen, right, went to prison in part for campaign finance violations related to hush-money payments. He has turned against the former president and could testify against him.Jefferson Siegel for The New York TimesThe news hit the presidential race like a bomb. On Oct. 7, 2016, The Washington Post published what would become known as the “Access Hollywood” tape, in which Mr. Trump, unwittingly on a live microphone, was recorded describing in lewd terms how he groped women.The people surrounding Stormy Daniels immediately realized that Mr. Trump’s new vulnerability made her more of a threat — and thus gave her story value.Mr. Davidson, the Los Angeles lawyer, was also friendly with Ms. Daniels’s agent, Gina Rodriguez, and with The Enquirer’s editor, Mr. Howard. On the day after the “Access Hollywood” tape emerged, Mr. Davidson and Mr. Howard texted about the damage it had done to Mr. Trump’s campaign. Then Mr. Howard asked Ms. Daniels’s agent to send another pitch for his boss, Mr. Pecker.The Enquirer executives alerted Mr. Cohen; Mr. Cohen asked Mr. Pecker for help containing it.Mr. Howard haggled with Ms. Daniels’s agent, but when he presented Mr. Pecker with an offer to buy the story for $120,000, the publisher refused.“Perhaps I call Michael and advise him and he can take it from there,” Mr. Howard wrote.Dylan Howard, the editor of The National Enquirer, connected Mr. Cohen to a lawyer for Ms. Daniels to discuss a payment for the story of her tryst with Mr. Trump.Ilya S. Savenok/Getty Images for American MediaThat night, Mr. Cohen spoke by phone to Mr. Trump, Mr. Pecker and Mr. Howard, according to records obtained by federal authorities. Mr. Howard connected him to the lawyer, Mr. Davidson, who would negotiate the deal for Ms. Daniels.Three days after the “Access Hollywood” tape’s release, Mr. Cohen agreed to pay $130,000 in a deal that threatened severe financial penalties for Ms. Daniels if she ever spoke about her affair with Mr. Trump. The contract used pseudonyms: Peggy Peterson, or “P.P.,” for Ms. Daniels, and David Dennison, or “D.D.,” for Mr. Trump. Their identities were revealed only in a side letter.Ms. Daniels signed her copy on the trunk of a car near a porn set in Calabasas, Calif. Mr. Cohen signed on Mr. Trump’s behalf.But Mr. Cohen delayed paying. He has said he was trying to figure out where to get the money while Mr. Trump campaigned. According to Mr. Cohen, Mr. Trump had approved the payment and delegated to him and the Trump Organization’s chief financial officer the task of arranging it. They considered options for funneling the money through the company, Mr. Cohen said, but did not settle on a solution.Ms. Daniels began to believe that Mr. Trump was trying to stall until after the Nov. 8 election; if he lost, her story would lose its value. In mid October, after Mr. Cohen had blown two deadlines, Ms. Daniels’s lawyer canceled the deal, and the porn actress again began shopping the story. The next week, Mr. Howard texted Mr. Cohen that if Ms. Daniels went public, their work to cover up the sexual encounter might also become known.“It could look awfully bad for everyone,” Mr. Howard wrote.Mr. Cohen agreed to make the payment himself. He spoke briefly by phone with Mr. Trump, twice. Then he transferred about $130,000 from his home equity line of credit into the account of a Delaware shell company and wired it to Ms. Daniels’s lawyer.Mr. Davidson circulated a new hush-money agreement. Ms. Daniels signed and notarized it at a UPS store near a Walmart Supercenter in Forney, Texas, near her home.“I hope we are good,” Mr. Cohen texted Mr. Davidson afterward.“I assure you we are very good,” the lawyer replied.Ms. Daniels remained silent. A week and a half later, Mr. Trump won the election.Once he was in the White House, Mr. Trump handled one more piece of business related to Stormy Daniels. He signed checks to reimburse Mr. Cohen for paying her off.Jonah E. Bromwich More

    • 138 Shares99 Views

      in Elections

      Trump Says He Will Be Arrested on Tuesday as Indictment Looms

      by

      His indictment by a Manhattan grand jury is expected, but its timing is unclear.With former President Donald J. Trump facing indictment by a Manhattan grand jury but the timing of the charges uncertain, he declared on his social media site on Saturday that he would be arrested on Tuesday and demanded that his supporters protest on his behalf.Mr. Trump made the declaration on his site, Truth Social, at 7:26. a.m., in a post that ended with, “THE FAR & AWAY LEADING REPUBLICAN CANDIDATE AND FORMER PRESIDENT OF THE UNITED STATES OF AMERICA, WILL BE ARRESTED ON TUESDAY OF NEXT WEEK. PROTEST, TAKE OUR NATION BACK!”Two hours later, a spokesman issued a statement clarifying that Mr. Trump had not written his post with direct knowledge of the timing of any arrest.“President Trump is rightfully highlighting his innocence and the weaponization of our injustice system,” the statement said.The Manhattan district attorney’s office declined to comment.Although prosecutors working for the district attorney, Alvin L. Bragg, have signaled that an indictment of Mr. Trump could be imminent, they have not told Mr. Trump’s lawyers when charges would be sought or when an arrest would be made, people with knowledge of the matter said. At least one more witness is expected to testify in front of the grand jury, which could slightly delay any indictment, the people said.And one of the people said that even if the grand jury were to vote to indict the former president on Monday, a Tuesday surrender was unlikely given the need to arrange timing, travel and other logistics.The statement from Mr. Trump’s spokesman did not explain how he landed on Tuesday as the arrest date, but one of the people with knowledge of the matter said that his advisers’ best guess was that it could happen around then, and that someone may have relayed that to the former president.Mr. Trump, who faced his first criminal investigation in the late 1970s, has been deeply anxious about the prospect of arrest, which is expected to include being fingerprinted, one of the people said. When the Trump Organization’s former chief financial officer, Allen H. Weisselberg, was arrested in 2021, Mr. Trump watched in horror as television news showed Mr. Weisselberg flanked by officers in the courthouse and said he couldn’t believe what was being done to him.Mr. Trump’s post urging his supporters to “PROTEST, TAKE OUR NATION BACK!” carried unmistakable echoes of the incendiary messages he posted online in the weeks before the attack on the U.S. Capitol. In the most notorious of those messages, he announced on Twitter that he would hold a rally in Washington on Jan. 6, 2021. “Be there,” he told his millions of followers. “Will be wild.”At that rally, at the Ellipse near the White House, Mr. Trump told supporters to march to the Capitol, where the certification of the 2020 presidential election was taking place. He is under investigation by federal prosecutors for his activities in the lead-up to the attack.Investigators later determined that far-right extremist groups as well as ordinary Trump supporters had read that tweet — posted on Dec. 19, 2020 — as a clear-cut invitation and almost immediately sprung into action, acquiring protective gear, setting up encrypted communications channels and, in one case, preparing heavily armed “quick reaction forces” to be staged outside of Washington for the event.Leaders of groups like the Proud Boys and the Three Percenter militia movement also started to whip up their members with bellicose language as their private messaging channels were increasingly filled with plans to rush to Mr. Trump’s aid.On Friday evening, Mr. Trump’s campaign announced what could be his first rally after an indictment: an event in Waco, Texas, where deadly clashes between federal officials and extremists occurred 30 years ago around this time..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.New York officials have been discussing security arrangements in and around the Manhattan Criminal Court in case of an indictment of Mr. Trump, according to people with knowledge of the planning, which was first reported by NBC News. He is expected to be charged in connection with a hush money payment his former fixer and lawyer, Michael D. Cohen, made to an adult-film actress who claimed to have had an affair with Mr. Trump.Mr. Cohen made the $130,000 payment to the actress, Stormy Daniels, to bury her story of the affair.The payment came in the run-up to the 2016 presidential election, and Mr. Trump subsequently reimbursed Mr. Cohen. Prosecutors are expected to accuse Mr. Trump of overseeing the false recording of the reimbursements in his company’s internal records. The records falsely stated that the payments to Mr. Cohen were for “legal expenses.”There have been several signals that charges may be imminent: The prosecutors gave Mr. Trump an opportunity to testify, a right afforded to people who will soon face indictment, and have questioned nearly every major player in the hush money saga in front of the grand jury.Mr. Trump has denied all wrongdoing, as well as having had an affair with Ms. Daniels.Early on Saturday morning, there was little evidence that Mr. Trump’s new demand for protests had been embraced by extremist groups.But Ali Alexander, a prominent organizer of the “Stop the Steal” rallies following the 2020 election, reposted a message on his Telegram channel on Saturday suggesting that he supported a mass protest to protect Mr. Trump.“Previously, I had said if Trump was arrested or under the threat of a perp walk, 100,000 patriots should shut down all routes to Mar-a-Lago,” Mr. Alexander wrote. “Now I’m retired. I’ll pray for him though!”Without the platform provided by the White House or the machinery of a large political campaign, it is unclear how many people Mr. Trump is able to reach, let alone mobilize, via Truth Social.And it remained unclear if he would repeat his call for action or increase the stakes with more aggressive language. But his political allies made plain this week that they were preparing for a political war on Mr. Bragg.For months Mr. Trump has been attacking Mr. Bragg, who is Black, as “racist.” Mr. Bragg won a conviction for tax fraud against the Trump Organization last year, though he did not charge Mr. Trump personally.Some of Mr. Trump’s supporters responded of their own accord with violence after F.B.I. agents, acting on a search warrant, descended on Mar-a-Lago, his private club and residence in Florida, in August and carted away boxes of documents in an investigation into the former president’s handling of classified material.Days after the search, an armed Ohio man who had posted online about his outrage over what happened at Mar-a-Lago tried to breach the F.B.I.’s field office outside Cincinnati. He was later killed in a standoff with local officers.The unexpected Saturday morning salvo from the former president provided a preview of the kind of chaos that Mr. Bragg is likely to face if he moves forward with an indictment in the near future.Mr. Bragg, a former federal prosecutor and deputy New York attorney general, has some history of prosecuting public officials. But he is unaccustomed to dealing with a figure as high-profile, erratic and pugilistic as the former president, and it is unclear how his office will deal with future outbursts from Mr. Trump. More

    • 125 Shares189 Views

      in Elections

      As a Possible Indictment Looms, Trump’s Team Plans to Attack

      by

      If the former president faces criminal charges, his campaign plans to begin a broad offensive against Alvin Bragg, the Manhattan district attorney and a Democrat, accusing him of political bias.As former President Donald J. Trump faces likely criminal charges, his campaign is preparing to wage a political war.With an indictment looming from the Manhattan district attorney, Alvin L. Bragg, Mr. Trump’s campaign is laying the groundwork for a broad attack on Mr. Bragg, a Democrat. According to two of Mr. Trump’s political allies, the campaign will aim to portray any charges as part of a coordinated offensive by the Democratic Party against Mr. Trump, who is trying to become only the second former president to win a new term after leaving office.It is unclear what data points, if any, the Trump team plans to point to beyond Mr. Bragg’s party registration in order to make a case that the district attorney is part of a broader political conspiracy against the former president. It is also uncertain whether Mr. Trump will add lawyers to his legal defense team or bring on a communications adviser to play a more traditional role of responding to what will be a crush of media questions related to a potential indictment.Mr. Trump’s two allies said his campaign was adding staff members, particularly to focus on pushing out their message and their attacks on the prosecutors. In addition, the campaign has been putting together a database listing everyone — members of Congress, legal experts, media figures — who have cast doubts on the strength of the district attorney’s case, the allies said.Specifically, his campaign team plans on trying to connect Mr. Bragg’s investigation into Mr. Trump to President Biden, who is expected to seek re-election. The Justice Department has spent months investigating Mr. Trump in separate inquiries into his possession of hundreds of classified documents at his private club, Mar-a-Lago, and his efforts to remain in power after losing the 2020 election.Those efforts led to the most visible moment when Mr. Trump focused the anger of his supporters on the institutions of government, the lead-up to the violent riot at the Capitol on Jan. 6, 2021.Underscoring the degree to which Mr. Trump’s campaign is again relying on outrage from his supporters, a campaign official maintained that the nation would not “tolerate” the prosecution and would see it as an effort to influence the 2024 election.“President Donald J. Trump is completely innocent, he did nothing wrong, and even the biggest, most radical left Democrats are making that clear,” said Steven Cheung, a Trump campaign spokesman. He listed a series of other investigations that Mr. Trump has faced and referred to the Manhattan case as “the nuclear button,” calling it a “political donation” by Mr. Bragg “to Joe Biden.” And the Trump team plans to highlight a donation to a political action committee made by the philanthropist George Soros, a subject of frequent right-wing attacks, that was intended to help Mr. Bragg.A spokeswoman for the Manhattan district attorney’s office declined to comment.Mr. Trump’s allies say that tying Mr. Biden to what is taking place in Manhattan will be a key aspect of the campaign’s response. And the degree to which the Trump team plans to make a history-making indictment of a former president a central campaign message is likely to set a new political precedent.“A Trump indictment will immediately be added to his campaign platform and talking points, another first in presidential politics,” said Scott Reed, a veteran Republican strategist who has observed Mr. Trump and presidential campaigns for decades.While he was in office, Mr. Trump was shielded by a Justice Department policy against indicting a sitting president..css-1v2n82w{max-width:600px;width:calc(100% – 40px);margin-top:20px;margin-bottom:25px;height:auto;margin-left:auto;margin-right:auto;font-family:nyt-franklin;color:var(–color-content-secondary,#363636);}@media only screen and (max-width:480px){.css-1v2n82w{margin-left:20px;margin-right:20px;}}@media only screen and (min-width:1024px){.css-1v2n82w{width:600px;}}.css-161d8zr{width:40px;margin-bottom:18px;text-align:left;margin-left:0;color:var(–color-content-primary,#121212);border:1px solid var(–color-content-primary,#121212);}@media only screen and (max-width:480px){.css-161d8zr{width:30px;margin-bottom:15px;}}.css-tjtq43{line-height:25px;}@media only screen and (max-width:480px){.css-tjtq43{line-height:24px;}}.css-x1k33h{font-family:nyt-cheltenham;font-size:19px;font-weight:700;line-height:25px;}.css-1hvpcve{font-size:17px;font-weight:300;line-height:25px;}.css-1hvpcve em{font-style:italic;}.css-1hvpcve strong{font-weight:bold;}.css-1hvpcve a{font-weight:500;color:var(–color-content-secondary,#363636);}.css-1c013uz{margin-top:18px;margin-bottom:22px;}@media only screen and (max-width:480px){.css-1c013uz{font-size:14px;margin-top:15px;margin-bottom:20px;}}.css-1c013uz a{color:var(–color-signal-editorial,#326891);-webkit-text-decoration:underline;text-decoration:underline;font-weight:500;font-size:16px;}@media only screen and (max-width:480px){.css-1c013uz a{font-size:13px;}}.css-1c013uz a:hover{-webkit-text-decoration:none;text-decoration:none;}How Times reporters cover politics. We rely on our journalists to be independent observers. So while Times staff members may vote, they are not allowed to endorse or campaign for candidates or political causes. This includes participating in marches or rallies in support of a movement or giving money to, or raising money for, any political candidate or election cause.Learn more about our process.Already, Mr. Trump has spent the better part of two years attacking Mr. Bragg, who is Black, as “racist” and as continuing efforts to harm him, after two impeachment inquiries and a two-year special counsel investigation into whether he obstructed justice and whether his 2016 campaign conspired with Russians.But since declaring his third presidential campaign in November, Mr. Trump has made attacking the investigators an increasingly intense focus.Other political allies of Mr. Trump made clear that there would be efforts to highlight how his Republican rivals handle the news of any indictment, and whether they endorse it or defend him. Mr. Trump’s allies said his advisers believed the issue could tie some of his opponents in knots, particularly his closest prospective opponent in public polls, Gov. Ron DeSantis of Florida.Mr. Trump has often subjected anyone who investigates him or holds him to scrutiny to slashing attacks. It remains to be seen whether the campaign’s approach will be more of the same, or will deploy new tactics, such as television ads.When Mr. Trump was in office and facing the investigation by the special counsel, Robert S. Mueller III, some of his lawyers initially tried to follow the playbook established by aides to President Bill Clinton during his impeachment inquiry in the 1990s. In that case, separate, parallel operations were created so the work of the government could continue.But Mr. Trump, who often conflates legal and public relations issues, rejected that idea. So there was only briefly a designated spokesman handling press questions.People involved in Mr. Trump’s legal case have discussed bringing on a new lawyer to add to the existing team of Susan Necheles, a Manhattan criminal defense lawyer, and Joe Tacopina, a New York lawyer with a brawler’s attitude.Mr. Tacopina has been an aggressive defender of Mr. Trump on television. On Tuesday on MSNBC, Mr. Tacopina made several points attacking the credibility of the key witness, Michael D. Cohen, Mr. Trump’s former lawyer and fixer. But other comments he made left some of Mr. Trump’s allies stunned by what he was articulating.Mr. Tacopina bluntly stated that there was a political benefit to Mr. Trump from an indictment.“If they bring this case, I believe this will catapult him into the White House,” Mr. Tacopina said of Mr. Trump on MSNBC. “I believe it, because this will show how they’re weaponizing the justice system.”Mr. Tacopina insisted that what Mr. Trump did — signing off on reimbursement payments to Mr. Cohen, who had made a $130,000 hush-money payment to Stormy Daniels, the porn star who said she had an affair with Mr. Trump — was done at Mr. Cohen’s suggestion and “was not a crime.”At one point, as the interviewer, Ari Melber, was reading from a piece of paper, Mr. Tacopina tried to grab it unsuccessfully across the set. When Mr. Tacopina was pushed on why Mr. Trump told reporters aboard Air Force One in 2018 that he did not know about the payments, he insisted it was not a lie.“A lie to me is something material under oath in a procedure,” Mr. Tacopina told Mr. Melber.“Here’s why it’s not a lie,” Mr. Tacopina added. “Because it was a confidential settlement. So, if he acknowledged that, he would be violating the confidential settlement.”He went on: “So, is it the truth? Of course it’s not the truth. Was he supposed to tell the truth? He would be in violation of the agreement if he told the truth. So, by him doing that, by him doing that, he was abiding by not only his rights, but Stormy Daniels’s rights.”Jonah E. Bromwich More

    • 138 Shares99 Views

      in Elections

      Michael Cohen Testifies in Grand Jury as Trump Indictment Appears Near

      by

      Mr. Cohen, Donald Trump’s onetime fixer, is a key piece of the puzzle in a case centered around a 2016 hush money payment to Stormy Daniels.Michael D. Cohen, a crucial witness in the Manhattan district attorney’s criminal investigation into Donald J. Trump, testified in front of a grand jury on Monday, as prosecutors near a likely indictment of the former president.Mr. Cohen, Mr. Trump’s former fixer, testified for much of the afternoon and was expected to return on Wednesday to continue his testimony.When he walked into the building where the grand jury meets, Mr. Cohen remarked to reporters that he felt “fine” but “a little twisted, to be honest, inside” and that his goal was “to tell the truth.” On his way out, Mr. Cohen’s lawyer, Lanny J. Davis, called it a “long and productive afternoon” and said that Mr. Cohen “answered all questions.”His appearance is one of several recent signals that the district attorney, Alvin L. Bragg, is poised to seek an indictment of the former president for his role in paying hush money to a porn star in the days before the 2016 presidential election.Mr. Bragg’s prosecutors have already questioned at least seven other people before the grand jury this year, and Mr. Cohen is likely one of the final witnesses, according to people with knowledge of the matter. It would be rare for a prosecutor in a high-profile white-collar case to question nearly every relevant witness without intending to seek an indictment.Another signal that an indictment is likely came when Mr. Bragg’s office informed Mr. Trump’s lawyers that the former president could appear before the grand jury this week should he want to do so. Such offers almost always indicate an indictment is close, because in New York, potential defendants have the right to answer questions in the grand jury shortly before they are indicted.Mr. Trump declined the offer, people with knowledge of his decision said. And members of his legal team recently met privately with prosecutors to make their case against an indictment, one of his lawyers, Joseph Tacopina, said on “Good Morning America” on Monday. One of the lawyers at the meeting was Susan R. Necheles, who Mr. Tacopina said was “leading the charge” for Mr. Trump.The former president has blasted Mr. Bragg’s investigation, saying that the Democratic district attorney is conducting a politically motivated “witch hunt.” Last week, Mr. Trump issued a statement in which he denied having an affair with the porn star, Stormy Daniels, and said Mr. Bragg’s inquiry was an effort to “take down” the leading Republican candidate in the 2024 presidential election.If Mr. Bragg ultimately decides to ask the grand jurors to vote to indict Mr. Trump, the case could hinge on Mr. Cohen’s testimony.It was Mr. Cohen who made the $130,000 hush money payment to Ms. Daniels in late October 2016, stifling her story of an affair with Mr. Trump. Mr. Trump later reimbursed him, signing monthly checks while he was president, and Mr. Cohen pleaded guilty in 2018 to federal charges involving the hush money.Mr. Bragg’s case would likely center on how Mr. Trump and his family business, the Trump Organization, handled the reimbursement payments to Mr. Cohen.The company falsely recorded the payments in internal records as legal expenses, according to court papers in Mr. Cohen’s federal case. The Trump Organization’s records also cited a phony retainer agreement with Mr. Cohen, who was a lawyer but had no such agreement with the Trumps.In New York, it can be a crime to falsify business records, but to make it a felony, prosecutors would need show that Mr. Trump’s “intent to defraud” included an effort to commit or conceal a second crime.While it is unclear what that second crime might be in this case, it is possible that Mr. Bragg will cite a violation of state election law. Like the federal prosecutors who charged Mr. Cohen, Mr. Bragg’s prosecutors could argue that the payment to Ms. Daniels was an illicit contribution to Mr. Trump’s campaign, given that the money silenced Ms. Daniels, which helped his candidacy.A conviction is not a sure thing. An attempt to combine the false records charge with the election violation would be based on a legal theory that has not been evaluated by judges, raising the possibility that a court could throw out or limit the charges. But if a case does go to trial, the circumstances of the hush money payment — a president essentially paying off a porn star — could appeal to a jury.At trial, Mr. Trump’s lawyers are likely to attack Mr. Cohen’s credibility, noting that he pleaded guilty not only to the hush money but also to accusations that he lied to Congress about a potential Trump hotel deal in Moscow.Prosecutors could respond that Mr. Cohen was lying for Mr. Trump, and that in recent years his story about the hush money has been consistent. Mr. Cohen, for example, has long said that Mr. Trump directed him to pay Ms. Daniels, an accusation that was supported by federal prosecutors in the case against Mr. Cohen.And when Mr. Cohen was asked during congressional testimony why Mr. Trump’s company spread out the reimbursements over many months, he explained, “That was in order to hide what the payment was,” adding that it was done “so that it would look like a retainer.”Asked whether Mr. Trump knew, Mr. Cohen replied, “Oh, he knew about everything, yes.” On Monday, Mr. Cohen said he was not testifying to exact “revenge” on Mr. Trump.“This is all about accountability,” he said. “He needs to be held accountable for his dirty deeds.”Sean Piccoli More