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The Manhattan district attorney’s office unveiled an indictment on Tuesday charging former President Donald J. Trump with 34 counts of falsifying business records in the first degree, a low-level felony in New York State. The charges are related to reimbursements to Mr. Trump’s former fixer, Michael D. Cohen, for a hush-money payment to Stormy Daniels […] More
In 2011, a former U.S. senator was charged in a case that resembled the one being pursed against Donald J. Trump. The prosecution did not end in a conviction.Is paying hush money a crime?In most cases, the answer is no. Hush-money agreements, also known as nondisclosure agreements, have long been used by companies and private individuals to avoid litigation and keep embarrassing information confidential. Harvey Weinstein, the former producer convicted of rape, used such agreements for years to conceal his harassment and assault of women.But the question is thornier when it comes to candidates in the midst of political campaigns, and it has not often been posed in federal or New York State courts.As it relates to former President Donald J. Trump and the porn star Stormy Daniels, the Manhattan district attorney, Alvin L. Bragg, revealed his answer on Tuesday when he unsealed an indictment of Mr. Trump: A hush-money payment can constitute a crime if made to protect a political candidate.All of the felony counts Mr. Trump is now facing stem from reimbursements to his former fixer, Michael D. Cohen, for paying $130,000 to Ms. Daniels in exchange for her silence about the liaison she said she had with Mr. Trump.Having charged Mr. Trump with falsifying business records, Mr. Bragg’s office will have to navigate complicated legal terrain. A conviction would hinge on proving that reimbursements to Mr. Cohen were falsely disguised as legal fees to conceal another crime: perhaps a violation of election laws. The indictment did not, however, charge Mr. Trump with an election law violation; Mr. Cohen has admitted to committing one with the payment to Ms. Daniels.The case bears some similarities to the prosecution of a former United States senator, John Edwards of North Carolina, who was charged in 2011 with federal campaign finance violations for payments to help a mistress during his own presidential run in 2008. The case ended without a conviction.Federal and state campaign laws require reporting of campaign-related payments, and if they are made by third parties coordinating with the candidate, such as Mr. Cohen, they are subject to certain limits. Mr. Cohen’s payment to Ms. Daniels before the 2016 presidential election was well beyond the federal legal limit.The indictment of Mr. Trump charged him with 34 counts of falsifying business records in reimbursing Mr. Cohen for the hush money. Mr. Trump, who is once more seeking the Republican nomination for president, has denied sleeping with Ms. Daniels; called the prosecution by Mr. Bragg, a Democrat, political; and said he has done nothing wrong. Appearing in a State Supreme Court on Tuesday, he pleaded not guilty.On its own, falsifying business records is a misdemeanor in New York State — but it can be charged as a felony if it is intended to conceal another crime. In this case, the indictment accuses him of falsifying business records; an accompanying statement of facts says Mr. Trump orchestrated a scheme to violate election laws.Proving that element will most likely hinge on whether the hush money is interpreted to have been paid in the service of Mr. Trump’s 2016 presidential campaign or for personal reasons, such as shielding his wife, Melania, and youngest son, Barron, from Ms. Daniels’s story..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.That is the sort of transaction that Mr. Trump’s lawyers say took place.“This was a personal expenditure, not a campaign expenditure. Had it been a campaign expenditure, he would have used campaign funds,” one of the lawyers, Joe Tacopina, said on CNN on Sunday.Mr. Trump’s team has pointed to the failed prosecution of Mr. Edwards to bolster its argument that the payment to Ms. Daniels was not a campaign contribution.In that case, prosecutors charged Mr. Edwards with campaign finance violations related to payments that two wealthy campaign donors made for living expenses of Mr. Edwards’s mistress, Rielle Hunter, who had given birth to his child, and for travel expenses as she traveled to evade the media during his 2008 presidential campaign.But Mr. Edwards’s lawyers won an acquittal on one count and a mistrial on five other charges, which prosecutors then dismissed, by arguing that the payments were not related to the election. His lawyers showed that one of the donors continued making payments to help Ms. Hunter after Mr. Edwards suspended his campaign. And he had another convincing motive to keep Ms. Hunter and her child a secret: His wife, Elizabeth, was dying of cancer.Mr. Bragg’s office might be able to make a stronger case in arguing that the payment to Ms. Daniels was made to influence the election on Mr. Trump’s behalf rather than for personal reasons.For one thing, Ms. Daniels had tried to sell her story of sleeping with Mr. Trump for at least five years, but he had never before agreed to pay for her silence. Mr. Cohen did so weeks before the election, and days after the so-called “Access Hollywood” tape — in which Mr. Trump was heard talking about groping women — was made public, potentially tanking Mr. Trump’s campaign.For another, Mr. Trump met with Mr. Cohen and David Pecker, the publisher of The National Enquirer, at the beginning of his campaign in August 2015 to discuss a strategy for bottling up negative stories. And Mr. Pecker’s company paid to suppress the story of another woman, the Playboy model Karen McDougal, less than three months before Ms. Daniels received her payment.Both Mr. Pecker and Mr. Cohen have testified before the grand jury that indicted Mr. Trump, and would be expected to do so at a trial.Jeff Tsai, a San Francisco lawyer and former federal prosecutor who worked on the Edwards case, said in an interview that because of the “elasticity” of whether money is primarily spent to help a campaign or for personal reasons, the facts in a particular case are extremely important.“Jurors will have to decide as to whether or not these funds, putting some of the salacious details aside, are fundamentally being used for campaign purposes,” Mr. Tsai said.One successful case brought by the Justice Department on the theory that hush money payments can violate election laws was against Mr. Cohen himself, who pleaded guilty to campaign finance charges in 2018 in connection with the Daniels and McDougal payments, while saying his actions had been directed by Mr. Trump. But because Mr. Cohen did not go to trial, the prosecution’s case was not tested before a judge or jury.Kate Christobek More
Al expresidente se le acusó por su papel en el pago a una estrella porno a cambio de su silencio. Se espera que el martes se entregue a las autoridades de Nueva York.Se espera que Donald Trump, el primer presidente estadounidense acusado de un delito, se entregue a las autoridades en Manhattan el martes, y comparezca en la sala del tribunal por la tarde.Aunque Trump fue acusado la semana pasada, la audiencia del martes marcará la primera vez que se revelen los cargos en el caso, que se enfoca en la participación del expresidente en el pago de dinero para silenciar a una estrella de cine para adultos, Stormy Daniels, quien dijo que había tenido una aventura con él.Un grupo de seguidores de Trump, entre ellos la congresista Marjorie Taylor Greene de Georgia, han planeado u mitin en las afueras del tribunal para protestar contra el fiscal de distrito de Manhattan, Alvin L. Bragg, quien presentó los cargos. Los funcionarios encargados de hacer cumplir la ley de varias agencias se han estado preparando durante semanas para la posibilidad de que haya protestas o escándalos.Bragg ha estado indagando en los pagos por silencio desde el verano pasado, pagos que fueron realizados por Michael D. Cohen, solucionador de problemas de Trump en aquel entonces. Los fiscales formaron un gran jurado en enero, y los jurados votaron para acusar a Trump la semana pasada. Si bien los hechos son dramáticos y la acusación resulta explosiva, el caso contra Trump podría descansar en una teoría legal que no se ha sometido a prueba. No será sencillo asegurar una condena.Esto es lo que sabemos, y no sabemos del caso penal contra Trump:¿Por qué se acusó a Donald Trump?Los fiscales podrían alegar que el pago a Daniels en efecto se convirtió en una donación indebida a la campaña de Trump, asumiendo que el silencio de Daniels lo benefició.T.J. Kirkpatrick para The New York TimesLos cargos contra Trump aún no se han divulgado, aunque dos personas con conocimiento del asunto dijeron que hay más de dos decenas de cargos en la acusación.Se espera que los cargos surjan de un pago que se le hizo a Daniels, quien en octubre de 2016, durante las últimas semanas de la campaña presidencial, intentaba vender su historia de una aventura con Trump.En un principio, los representantes de Daniels contactaron a The National Enquirer para ofrecerle derechos exclusivos de la historia. David Pecker, el editor del tabloide y aliado de Trump, había acordado buscar notas que pudieran ser dañinas para Trump en la campaña de 2016 y en un momento incluso acordó comprar la historia del amorío de otra mujer con Trump y nunca publicarla, una práctica conocida como “atrapar y matar”.Pero Pecker no compró la historia de Daniels. En lugar de ello, él y el principal editor del tabloide, Dylan Howard, ayudaron a gestionar un acuerdo separado entre Cohen y la abogada de Daniels.Cohen pagó 130.000 dólares y Trump luego le rembolsó el dinero desde la Casa Blanca.En 2018, Cohen se declaró culpable de varios cargos, entre ellos crímenes federales de financiamiento de campaña relacionados con el dinero pagado por el silencio de Daniels. El pago, según concluyeron los fiscales federales, equivalía a una donación impropia a la campaña de Trump.En los días posteriores a la declaración de culpabilidad de Cohen, la oficina del fiscal de distrito abrió su propia investigación penal sobre el asunto. Si bien los fiscales federales se centraron en Cohen, la investigación del fiscal de distrito se centraría en Trump.¿Qué pasa después?Trump llegó a Nueva York el lunes luego de viajar desde su propiedad de Mar-a-Lago en Florida y pernoctó en la Trump Tower.Se espera que se dirija el martes al sur de Manhattan para entregarse en la oficina de la fiscalía de distrito de Manhattan, antes de ser procesado en el edificio de los tribunales penales de Manhattan.¿Cómo se va a entregar Trump?Trump será guiado a través de los pasos de rutina del procesamiento de arresto por delitos graves en Nueva York.Si bien lo normal es que los acusados arrestados por delitos graves sean esposados, no está claro si se hará una excepción para un expresidente. La mayoría de los acusados están esposados a la espalda, pero a algunos acusados de delitos de cuello blanco que se considera que representan un menor peligro se les aseguran las manos al frente.Es casi seguro que Trump esté acompañado en cada paso por agentes armados del Servicio Secreto de EE. UU, desde el momento en que sea detenido hasta su comparecencia ante un juez en el imponente Edificio de Tribunales Penales. La ley requiere que estos agentes lo protejan en todo momento.La seguridad del tribunal la brindan los oficiales de la corte estatal, con quienes el Servicio Secreto ya ha trabajado antes. Pero el principal vocero de la agencia federal, Anthony J. Guglielmi, dijo que no podía comentar sobre las medidas que habría para Trump.Después de que sea procesado, es casi seguro que será puesto en libertad previo compromiso con el tribunal, porque es probable que la acusación solo contenga cargos de delitos graves no violentos; según la ley de Nueva York, los fiscales no pueden solicitar que se detenga a un acusado bajo fianza en tales casos.Entonces, ¿qué es lo que Trump habría hecho mal?Michael Cohen, otrora el solucionador de problemas de Trump, se declaró culpable en 2018 de varios cargos, entre ellos a delitos federales de financiamiento de campaña a partir del dinero pagado por el silencio de Daniels.Jefferson Siegel para The New York TimesCuando se declaró culpable en el tribunal federal, Cohen señaló a su jefe. Dijo que había sido Trump quien lo instruyó para que sobornara a Daniels, algo que los fiscales luego corroboraron.Los fiscales también cuestionaron los cheques que Trump le emitía mensualmente a Cohen para reembolsarlo. En documentos judiciales indicaron que la empresa de Trump “contabilizó falsamente” los pagos mensuales como gastos legales y que los registros de la compañía mencionaban un acuerdo de anticipos con Cohen. Si bien Cohen era un abogado y se convirtió en el abogado personal de Trump luego de que este asumió el cargo, no hubo ningún acuerdo de este tipo y el rembolso no estaba relacionado a ningún servicio legal brindado por Cohen.Cohen ha dicho que Trump estaba al tanto del acuerdo falso de anticipo de honorarios, una acusación que podría constituir la base del caso contra el expresidente.En Nueva York, falsear registros de negocios puede constituir un delito, si bien uno menor. Para que el delito ascienda a delito grave, los fiscales del equipo de Bragg deben mostrar que la “intención de defraudar” de Trump incluía la intención de cometer u ocultar un segundo delito.En este caso, el segundo delito podría ser una infracción a la ley electoral. Si bien el dinero que se paga a cambio de silencio no es por sí mismo ilegal, los fiscales podrían argumentar que los 130.000 dólares en efecto se convirtieron en una donación indebida para la campaña de Trump, bajo la teoría de que benefició a su candidatura al acallar a Daniels.¿Será un caso difícil de probar?Podría ser difícil condenar a Trump o enviarlo a prisión. En primer lugar, los abogados de Trump seguramente atacarán la credibilidad de Cohen mencionando sus antecedentes penales. Los fiscales podrían contraatacar diciendo que el excolaborador de Trump mintió hace años por su jefe y ahora está en una mejor posición de brindar detalles de la conducta de Trump.El caso contra Trump también podría girar sobre una teoría legal que no ha sido probada.Según los juristas, los fiscales de Nueva York nunca antes han combinado un cargo de falsificación de registros comerciales con una infracción a la ley estatal electoral en un caso relacionado con unas elecciones presidenciales, o con alguna campaña federal. Debido a que es un terreno legal inexplorado, es posible que un juez lo desestime o reduzca el cargo de delito grave a un delito menor.Incluso si el cargo procediera, equivale a un delito menor de nivel inferior. Si al final Trump fuera declarado culpable, enfrentaría una sentencia de máximo cuatro años, y no sería obligatorio pasar tiempo en prisión.¿Cómo reaccionó Trump a la acusación?Trump respondió en un comunicado, en el que decía que el voto del gran jurado de Manhattan era “una Persecución política e Interferencia Electoral del mayor nivel de la historia”.El comunicado de Trump se hacía eco de lo que ha sido un esfuerzo extraordinario y vertiginoso para tratar de evitar que Bragg lo acuse.Sin embargo, el comunicado fue notable por su tono agresivo contra la fiscalía, y un indicio de lo que podría estar por venir.“Los demócratas han mentido, hecho trampa y robado en su obsesión de intentar ‘Atrapar a Trump’, pero ahora han hecho lo impensable”, escribió Trump. “Acusando a una persona completamente inocente”.Presentó la investigación que resultó en la acusación como la más reciente en una larga retahíla de indagaciones penales que ha enfrentado, ninguna de las cuales ha resultado en cargos.Michael Gold More
If Donald J. Trump seems a little on edge lately, so does the city where he made his name.The former president, after largely eluding legal accountability of any kind for decades, has now been indicted by a grand jury in a case brought by the Manhattan district attorney, Alvin Bragg.So far Mr. Trump has handled the investigation, which has looked into whether he broke laws while paying hush money to a porn star ahead of the 2016 election, exactly as one might imagine: with the minimum amount of class and the maximum use of racist slurs. Not only has he made sure everyone knows Mr. Bragg is Black, he has also suggested he is subhuman.“HE IS A SOROS BACKED ANIMAL,” the former president told his followers on Truth Social while waiting for the indictment, using anti-Black racism as well as antisemitism to describe Mr. Bragg. Mr. Trump also called for widespread protests before he was indicted and predicted “death and destruction,” forcing law enforcement agencies to prepare for possible violence in the streets on Tuesday, when he is expected to be arraigned.All of this has made New York City, his former hometown, a bit anxious, too. The wait for Mr. Trump’s arraignment and any backlash that may come from it has the city unnerved.Few Americans have seen Mr. Trump shimmy his way out of a jam more often than New Yorkers. We’ve seen him bounce back from bankruptcy six times, and he has never been truly held to account for his long history of excluding Black people from the rental properties that helped make him rich. We’ve seen his political fortunes soar despite credible claims of sexual assault and tax fraud. We’ve watched up close his gravity-defying, horrifying metamorphosis from a tacky real estate developer and tabloid fixture into a C-list celebrity and, finally, a one-term president with authoritarian aspirations.Given that history, the idea that Mr. Trump will soon be fingerprinted and booked in a New York courthouse has left many in disbelief. A kind of collective angst over the Trump prosecution has settled over New York City, where many deeply disdain him but seem unconvinced he will ever truly be held to account.During a recent stage performance of “Titanique,” the hit musical comedy and glitter-filled parody of the 1997 film about the doomed ship, Russell Daniels, the actor playing Rose’s mother, let out a kind of guttural scream. “It’s not fair that Trump hasn’t been arrested yet!” Mr. Daniels cried. Inside the Manhattan theater, the audience roared.In Harlem recently, the Rev. Al Sharpton held a prayer vigil for Mr. Bragg, who received threats after Mr. Trump used his social media platform to share a menacing photograph of himself with a baseball bat juxtaposed with a photo of the district attorney, in a clear hint of his violent mind-set.“We want God to cover him and protect him,” Mr. Sharpton said, referring to Mr. Bragg. “Whatever the decision may be, whether we like it or not, but he should not have to face this kind of threat, implied or explicit. Let us pray.”New Yorkers, weary and still recovering from the pandemic Mr. Trump badly mismanaged, are also now bracing themselves for the possibility of demonstrations by the former president’s supporters. In the hours after the indictment on March 29, N.Y.P.D. helicopters hovered over the courthouses of Lower Manhattan and officers set up barricades along largely empty streets. The Police Department ordered all roughly 36,000 uniformed members to report for duty amid bomb threats and the arrest of one Trump supporter with a knife.The inevitable spectacle began on Monday, when television helicopters tracked every inch of Mr. Trump’s motorcade from LaGuardia Airport to Manhattan, as if he were visiting royalty. The courthouse area downtown is expected be largely closed to traffic on Tuesday. All Supreme Court trials in the Manhattan Criminal Courts Building will be adjourned early. There are also police lines and TV trucks around Trump Tower, where the former president stayed on Monday night. Meanwhile, Republican groups and Trump supporters are planning or sponsoring rallies nearby, one of which will be addressed by Representative Marjorie Taylor Greene, who will bring her destructive rhetoric up from Georgia.Of the four known criminal investigations Mr. Trump faces, the Manhattan case is seen by some legal experts as the least serious, in part because it may involve allegations of campaign finance violations before his presidency rather than attempts to abuse his office by overturning the results of an election or inciting supporters to effectively overthrow the United States government. Fair enough.Still, it’s a poetic irony that the former president will face his first criminal indictment in New York City, the town where he sought to burnish his “law and order” credentials. In 1989, Mr. Trump took out a notorious ad in several newspapers, including The New York Times, calling for the reinstatement of the death penalty when a group of Black and Latino teenagers were accused of the sexual assault of a jogger in Central Park. After serving prison sentences that varied from six to 13 years, the teens were exonerated.“What has happened to the respect for authority, the fear of retribution by the courts, society and the police for those who break the law, who wantonly trespass on the rights of others?” Mr. Trump wrote in the 1989 ad. “How can our great society tolerate the continued brutalization of its citizens by crazed misfits?”Over many years, New York has learned a painful lesson. Mr. Trump and his many misdeeds are best taken seriously.The Times is committed to publishing a diversity of letters to the editor. We’d like to hear what you think about this or any of our articles. Here are some tips. And here’s our email: letters@nytimes.com.Follow The New York Times Opinion section on Facebook, Twitter (@NYTopinion) and Instagram. More
Donald Trump and his campaign spent the weekend making plans for his arrest, and how to capitalize on it, while officials in New York prepared for potential turmoil.Former President Donald J. Trump is preparing to walk into a Manhattan courtroom as both a defendant and a candidate, making final plans for his arrest on Tuesday while also trying to maximize his surrender for political benefit. Officials in New York, meanwhile, are bracing for the circuslike atmosphere that expected protests might bring.The Trump campaign on Sunday scheduled a prime-time news conference at Mar-a-Lago on Tuesday night, just hours after Mr. Trump is expected to turn himself in. The campaign also has been using his indictment in fund-raising appeals, and said it had raised $4 million in just 24 hours, though financial records corroborating the claim will not be available for weeks.The planning reflects Mr. Trump’s belief that the indictment will ultimately bolster his standing in his third bid for the G.O.P. presidential nomination, with Republicans who had been considering alternatives rallying to his side. His recent polling has been among the strongest of his 2024 campaign.On Sunday, some Trump critics came to his defense, suggesting that the Manhattan district attorney, Alvin L. Bragg, might have targeted him unfairly. The actual crimes Mr. Trump is accused of are not publicly known, though they are believed to be related to a hush-money payment to Stormy Daniels, a former porn star who claims she had an affair with Mr. Trump. The indictment, news of which broke on Thursday, may not be unsealed before his arraignment.Mr. Trump is expected to fly into La Guardia Airport from Florida on his private plane on Monday afternoon, and then stay the night at his apartment in Trump Tower, meeting with his lawyers while there. Aides are trying to negotiate a short visit to the courthouse in Lower Manhattan, for a midafternoon arraignment, people familiar with his plans said.The next few days could be critical for Mr. Trump, and advisers have warned him that he could easily damage his own case, according to a person involved in the discussions who requested anonymity because the talks were private. He wrote an especially incendiary post on his social media site, Truth Social, that featured a news article with a photo of Mr. Bragg on one side and Mr. Trump holding a baseball bat on the other. It was eventually taken down, after pleading by advisers. And he has already attacked the judge — comments his lawyers tried to smooth over in appearances on the morning talk shows on Sunday.Mr. Trump kept a typical schedule over the weekend.The Trump campaign on Sunday announced plans for a news conference at Mar-a-Lago on Tuesday night.Josh Ritchie for The New York TimesOn Friday night, he attended a housewarming event for an associate near Mar-a-Lago, his home in Palm Beach, Fla. He golfed on Saturday and spent time with Gary Player, the South African retired professional golfer, at the nearby Trump International Golf Club, and dined at Mar-a-Lago on Saturday night (his legal adviser, Boris Epshteyn, was spotted nearby in a three-piece suit). Mr. Trump has been relatively calm, according to people who have spoken with him, exhibiting little of the anxiety he had in the lead-up to the indictment.When he arrives in court, Mr. Trump, unlike typical defendants, will be surrounded by a phalanx of Secret Service agents, making all logistics much more complicated. He will be fingerprinted and will possibly have a police photo taken; such photos are typically not released publicly in New York, although the intense public interest in this case could change that. While it is normal for defendants charged with felonies to be handcuffed — as the former Trump Organization chief financial officer, Allen H. Weisselberg, was in 2021 — one of Mr. Trump’s lawyers, Joseph Tacopina, has said he does not expect that to occur.Before the arraignment, Mr. Trump is likely to be held in an interview room as opposed to a cell, according to the person involved in the Trump team’s discussions. He will then enter a courtroom and make his plea, which is expected to be not guilty. While there is expected to be at least one camera set up in the courthouse hallway capturing Mr. Trump’s walk to the courtroom, cameras are typically not allowed in New York courtrooms. However, news organizations have asked the judge to make an exception.Law enforcement officials were preparing for a chaotic atmosphere, with protests around Trump Tower and near the courthouse. Barricades were set up near Mr. Trump’s office tower, stretching several blocks.Police officers were warned that they might be called on for crowd control around the courthouse. And the presence of what is likely the most famous defendant the Manhattan Criminal Court has ever seen, with his own unique security needs, has led to all kinds of changes in how the courthouse will function that day.Still, despite concerns about potential for violence, particularly after the Jan. 6, 2021, attack on the U.S. Capitol building by a pro-Trump mob, there were few signs that a repeat was likely..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.Mr. Trump’s advisers have been trying to impress upon him the need to avoid rousing his supporters in a way that leads to violence, people close to the former president have said.On Sunday, Mr. Tacopina and another of Mr. Trump’s lawyers, Jim Trusty, appeared on television programs and tried to tamp down any inflammation their client might have caused on social media, particularly through his attacks on the judge in the case, Juan M. Merchan, an acting New York Supreme Court justice. Mr. Trump has claimed Justice Merchan, who also presided over the trial of the Trump Organization last year, was “hand picked” by prosecutors. And last week, Mr. Trump declared on Truth Social that Justice Merchan “hates me.”“I have no issue with this judge whatsoever,” Mr. Tacopina said on CNN’s “State of the Union.” “He has a very good reputation.”Mr. Tacopina has otherwise aggressively defended Mr. Trump on television, and some of Mr. Trump’s advisers have privately complained that the lawyer is not helping his client’s cause. Mr. Trump, whose legal team is in flux, has told several people he thinks Mr. Tacopina is a “fighter.”As he heads into this consequential week, Mr. Trump finds himself in the unusual position of receiving support from nearly all factions of the Republican Party; even officials he considers enemies have condemned Mr. Bragg’s pursuit of Mr. Trump.“This seems to be more about the person than about the crime,” Senator Bill Cassidy, Republican of Louisiana, said on “Fox News Sunday.” Mr. Cassidy voted to convict Mr. Trump for his role instigating the Jan. 6 attack.Another surprising defender emerged in William P. Barr, the former attorney general who fell out bitterly with Mr. Trump because Mr. Barr refused to go along with his efforts to overturn the 2020 election. In a “Fox News Sunday” interview, Mr. Barr sharply criticized Mr. Bragg’s indictment and predicted it would set off a wave of politically motivated prosecutions.“I do think that this is a watershed moment, and I don’t think it’s going to end up good for the country,” he added.Mr. Barr did, however, offer some tongue-in-cheek advice for his former boss, who faces multiple investigations that may result in charges: It would be a “particularly bad idea” for Mr. Trump to appear on the stand.“He lacks all self-control,” Mr. Barr said. “And it would be very difficult to prepare him and keep him testifying in a prudent fashion.”William P. Barr with Mr. Trump in 2020. The two had a falling out after Mr. Barr would not support the former president’s plans to overturn his 2020 election loss.Anna Moneymaker for The New York TimesTo that end, Cyrus Vance Jr., the Manhattan district attorney who preceded Mr. Bragg and whose office led most of the investigation into the practices of Mr. Trump’s business, told NBC’s “Meet the Press” that he was “disturbed” that Mr. Trump had been attacking not just Mr. Bragg but also the judge in the case.Mr. Vance said, “I think if I were his lawyer — and believe me, no one has called up to ask for my advice — I would be mindful of not committing some other criminal offense like obstruction of governmental administration, which is interfering, by threat or otherwise, with the operation of government.”Mr. Bragg has said little publicly about the investigation or the criticisms leveled at him by Republicans. Last week, his office, in a letter to congressional Republicans who have threatened to investigate the actions of the district attorney’s office, said accusations that the investigation was politically motivated were “unfounded.” The letter, signed by the office’s general counsel, Leslie B. Dubeck, said that the charges against Mr. Trump “were brought by citizens of New York, doing their civic duty as members of a grand jury.”Knowing that Mr. Bragg is expected to hold a news conference at some point on Tuesday, Mr. Trump has scheduled his own for that evening, when he plans to be back at Mar-a-Lago. He is also expected to deliver remarks to supporters at his club, similar to his event last November announcing his third run for president.Some Trump allies have made clear they want any protests in New York to remain civil, particularly because Mr. Trump has called for his supporters to protest. His longest-serving adviser, Roger J. Stone Jr., urged supporters to be “peaceful” and “legal” if they showed up for a planned rally outside Trump Tower late Monday morning.Reporting was contributed by More
The former president’s appetite for attention has been fundamental to his identity for decades. Where others may focus on the hazards of a criminal case, he raises money, promotes his campaign and works to reduce the case to a cliffhanging spectacle.WASHINGTON — Since long before he entered the White House, former President Donald J. Trump has been an any-publicity-is-good-publicity kind of guy. In fact, he once told advisers, “There’s no bad press unless you’re a pedophile.” Hush money for a porn star? Evidently not an exception to that rule.And so, while no one wants to be indicted, Mr. Trump in one sense finds himself exactly where he loves to be — in the center ring of the circus, with all the spotlights on him. He has spent the days since a grand jury called him a potential criminal milking the moment for all it’s worth, savoring the attention as no one else in modern American politics would.He has blitzed out one fund-raising email after another with the kind of headlines other politicians would dread, like “BREAKING: PRESIDENT TRUMP INDICTED” and “RUMORED DETAILS OF MY ARREST” and “Yes I’ve been indicted, BUT” — the “but” being but you can still give him money. And when it turned out that they did give him money, a total of $4 million by his campaign’s count in the 24 hours following his indictment, he trumpeted that as loudly as he could too.Rather than hide from the indignity of turning himself into authorities this week, Mr. Trump obligingly sent out a schedule as if for a campaign tour, letting everyone know he would fly on Monday from Florida to New York, then on Tuesday surrender for mug shots, fingerprinting and arraignment. In case that were not enough to draw the eye, he plans to then fly back to Florida to make a prime-time evening statement at Mar-a-Lago, surrounded by the cameras and microphones he covets.Secret Service Agents stand outside of Mar-a-Lago last week. Donald Trump will fly on Monday from Florida to New York.Josh Ritchie for The New York TimesNever mind that any defense attorney worth the law degree would prefer he keep quiet; no one who knows Mr. Trump could reasonably expect that. He has already trashed the prosecutor (“degenerate psychopath”) and the judge in the case (“HATES ME”) and absent a court-issued gag order surely will continue to. His public comments could ultimately be used against him in a court of law, but to him that hardly seems like a reason to stay silent.“The trick, of course, is to take up all the air — demand all the attention, all the time, make everything, including his own indictment, into an opportunistic moment,” said Gwenda Blair, author of “The Trumps,” the definitive multigenerational biography of the former president’s family. So far, she added, he has done so “by combining exaggerated hyperbole with a claim to ultimate patriotism and religious zeal — quite the ultimate power package.”By treating the case as a spectacle, rather than a serious issue, he may discredit it, at least in the eyes of his own supporters. Rather than hang his head in shame, as many facing the possibility of prison might, he frames it as just another Trumpian drama in a life filled with them, the latest reality show cliffhanger — will he get off or will his enemies get him?But the ratings-obsessed star’s need for the limelight invariably will draw it away from other issues of major import. The United States is in the middle of a nuclear-edged clash with Russia in Ukraine and Moscow has just arrested an American reporter, provoking another hostage crisis. Taiwan’s president is visiting the United States at a moment of bristling tension with Beijing. Just Friday, America’s top general warned of the increasing convergence of a hostile Chinese-Russian-Iranian axis.The indictment comes “at the exact moment when our military and economic power is being profoundly challenged by our adversaries,” said Heather A. Conley, president of the German Marshall Fund of the United States, a Washington-based organization focused on trans-Atlantic relations. “From a national security perspective, we need to keep our eye on the ball. But unfortunately, our gaze on Tuesday will be on our own domestic turmoil.”For President Biden, who has assiduously avoided commenting on Mr. Trump’s legal travails, the first criminal prosecution of a former commander in chief will surely make it that much harder to generate interest in his dutiful speeches promoting the latest bridge project or other achievements he hopes to tout as he prepares to kick off a re-election campaign.In today’s sizzle-saturated media environment, White House officials understand perfectly well that an incumbent president doing his job can hardly compete for attention with a former president possibly doing time. Instead, they hope the electorate appreciates a leader who ignores the Sturm und Drang to focus on matters like the economy, health care and national security.Gerald Ford reading a proclamation granting former president Richard Nixon “a full, free and absolute pardon” for all “offenses against the United States” during the period of his presidency.Associated PressIn some ways, Mr. Biden faces the challenge that President Gerald R. Ford did when he decided to pardon his predecessor, Richard M. Nixon, in the Watergate scandal. One of Mr. Ford’s advisers asked the Watergate prosecutor how long it would take to bring Mr. Nixon to trial if he were indicted and was told as long as a year. To Mr. Ford, it seemed too costly to have the country absorbed by a former president in the dock for so long.But those were different times and different presidents. Mr. Nixon had resigned in disgrace, his party had abandoned him and he grudgingly offered a measure of contrition when pardoned, even if not nearly enough for many. There was a sense of a chapter closing. Mr. Trump feels anything but contrite and, instead of sliding into exile, is mounting a comeback campaign with the support of many in his party..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.Mr. Biden vowed long ago not to pardon Mr. Trump and could not do so anyway in a state case like the one in New York or the election case being investigated in Georgia; moreover, it remains unthinkable at this point that he would entertain the notion in the two federal inquiries still underway.While Mr. Ford sought national healing and Mr. Nixon effectively accepted the point, Mr. Trump feeds division. Richard N. Haass, president of the Council on Foreign Relations, said the danger now is a “partisan overhang” that makes it even more difficult for the parties to come together on important issues like raising the debt ceiling.“Things were already extremely partisan and polarized, particularly with the House, and I think this just exacerbates it and everything now will take on even more of a tinge,” he said. “It might increase the odds that House committees go after the president and his family or other members of his administration.”It is possible, of course, that America has seen so much Trump dramaturgy over the years that this has become the new normal and it may not upend the political system as much as might be expected. So far, at least, the indictment has not resulted in the sort of mass demonstrations Mr. Trump seemed to be calling for.If there is no other indictment, and this case devolves into the usual series of motions and hearings and other preliminary skirmishes, it may not be as captivating until a trial actually opens, which could be months away. And if that is the case, some of Washington’s old hands say, Mr. Biden and Congress could still focus on the business at hand.“As much as Trump and his team are going to try and make everything all about him, I believe that there is still enough of a governing coalition on the Hill that members will manage to get at least the bare necessities done,” said Jim Manley, a former senior adviser to Senate Democrats.“While the Trump sycophants in the House are going to make a lot of noise and throw up a lot of smoke,” he added, “I don’t foresee Congress blowing past the debt limit, for instance, because of Trump-caused chaos post indictment.”Mr. Trump’s appetite for attention has been fundamental to his identity for decades. As a celebrity developer, he happily played out his marital issues and affairs in the New York tabloids; his 1990 split with his first wife Ivana made the front page 11 days in a row. He loved making cameo appearances in movies and television shows from “Sex and the City” to “Home Alone 2: Lost in New York.” He slapped his name on everything from hotels, golf courses and towers to steaks, bottled water and neckties.As president, he appeared on camera far more often than his predecessors, rarely missing an opportunity to make the story of the day about himself. During his first Senate impeachment trial, for abuse of power by pressuring Ukraine’s government to investigate Mr. Biden, Mr. Trump suggested he would show up on the Senate floor to make his case himself, to the horror of lawyers who managed to talk him out of it.When the Covid-19 pandemic hit, Mr. Trump eagerly conducted daily news briefings for nearly two months, dispensing misinformation and stoking divisions, to the horror of doctors and allies who only belatedly talked him into stopping. Nonetheless, he boasted about the size of the audience he was drawing as Americans were dying by the hundreds of thousands. When he himself got Covid and then recovered, he toyed with the idea of ripping off his shirt to reveal a Superman T-shirt to demonstrate his virility.Donald Trump answering questions in a coronavirus briefing at the White House in April 2020.Anna Moneymaker/The New York Times“The most unique thing about the former president is that he values the image surrounding an event more than its tangible quality,” said Michael D’Antonio, another Trump biographer. “The moment will pass, but the article, videotape, photo, or book will remain. That’s what he’ll care about more — unless of course he goes to prison.”But Barbara A. Res, who worked for Mr. Trump for 18 years as an executive at his development company and later broke with him, does not think Mr. Trump expects to be found guilty. “He’s incapable of believing that he’s wrong,” she said. And she doubted he would comply even with a gag order.“To be honest, nobody tells Donald what to do. Really,” Ms. Res said. A judge, she said, may hesitate to enforce a contempt of court order. “Even people that hate Trump or dislike Trump would probably think it was not a good idea to put him in jail for contempt of a gag order,” she said. And so, she concluded, “He will not shut up.” More
Donald J. Trump prepared on Friday to surrender to prosecutors in Manhattan next week as the New York police braced for protests and sharply partisan responses from Democrats and Republicans ushered in a tumultuous time for a deeply polarized nation.A day after a grand jury indicted Mr. Trump and made him the first former president to face criminal charges, metal barricades were up around the criminal courthouse on Centre Street in Lower Manhattan. Mr. Trump is expected to enter the often grimy and ill-lit building with his Secret Service protection to answer charges before a state judge on Tuesday.Dozens of reporters and camera crews camped out across the street on Friday, while 20 court officers stood at the courthouse entrances, monitoring activity on the street.Mr. Trump intends to travel to New York on Monday and stay the night at Trump Tower, people familiar with his preparations said. He has no plans to hold a news conference or address the public while he is in New York, the people said.Mr. Trump remained largely quiet on Friday at Mar-a-Lago, his resort in Florida, where he spent the day talking on the telephone with advisers. One of his lawyers, Joe Tacopina, said in a television interview that the former president would not take a plea deal and was prepared to go to trial, a typically defiant stance that is likely to endear him to his supporters, who see the prosecution as a politically motivated vendetta by Democrats.Late on Friday afternoon, Mr. Trump burst out on Truth Social, the social media platform he founded, writing in all capital letters that Democrats were “INDICTING A TOTALLY INNOCENT MAN IN AN ACT OF OBSTRUCTION AND BLATANT ELECTION INTERFERENCE.” He concluded that it was all happening “WHILE OUR COUNTRY IS GOING TO HELL!”The former president is expected to be arraigned in Manhattan criminal court on charges related to payments made just before the 2016 presidential election to buy the silence of a porn star who said she had an extramarital affair with him. The former president, who has denied the affair, has been charged with more than two dozen counts in a sealed indictment, according to two people familiar with the matter, although the exact charges remain unknown.Conservative Republicans continued to criticize the Manhattan district attorney, Alvin L. Bragg, whose office rebuked House Republicans for attempting to interfere in the case.The case, which could drag on for months and whose outcome is far from clear, is likely to test the country’s institutions and the rule of law. It will also have deep repercussions for the 2024 campaign for the White House, a race in which Mr. Trump remains the Republican front-runner.Mr. Trump has sought to capitalize on the criminal charges to energize his core supporters. On Thursday, he called Mr. Bragg “a disgrace” and denounced the indictment as “political persecution and election interference at the highest level in history.”His message was repeated across the conservative media sphere on Friday by Republican politicians and pundits.Mr. Trump was roundly defended on Fox News, including by hosts who had reviled him in private. Although the host Tucker Carson said of Mr. Trump in early 2021, “I hate him passionately,” according to a text released as part of a defamation suit against Fox, on Thursday Mr. Carlson called the indictment “one in a long line of unprecedented steps that permanent Washington has taken to stop Donald Trump from holding office in a democracy.” He also said: “Probably not the best time to give up your AR-15.”Supporters of Mr. Trump gathered outside his Mar-a-Lago resort in Palm Beach, Fla., on Thursday after the indictment was reported.Josh Ritchie for The New York TimesEven many of Mr. Trump’s potential rivals for the Republican presidential nomination snapped into line behind him in the hours after news of the indictment broke, looking more like allies than competitors. All passed on the opportunity to criticize the former president — and some rushed to his defense — in a sign of just how reluctant 2024 contenders are to directly confront him and antagonize his many millions of supporters in the party.Mike Pence — the former vice president whose life was put at risk when Jan. 6 rioters sought him out after Mr. Trump blamed him for allowing Congress to ratify the results of the 2020 election — denounced the indictment for what he called “a campaign finance issue” as an “outrage” and a “political prosecution.”Speaking at the National Review Institute in Washington, Mr. Pence said that Mr. Bragg’s prosecution “should be offensive to every American left, right and center,” and that he believed that “the American people will see this for what it is.”Gov. Ron DeSantis of Florida, a potential presidential candidate who has clashed with Mr. Trump, also rushed to his defense, posting on Twitter that the indictment was “un-American” and amounted to “the weaponization of the legal system.”.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.A few in the G.O.P. remained silent, among them Senator Mitch McConnell of Kentucky, the minority leader, and Senator John Thune, the second-ranking Senate Republican. Gov. Chris Sununu of New Hampshire, who is also flirting with a presidential run, appeared to be keeping mum, as well. So too was Chris Christie, the former New Jersey governor and one-time Trump ally who is considering a 2024 run for president and who recently vowed that he would never again support the former president.The indictment in Manhattan concerns hush money payments made in the final days of the 2016 campaign to Stormy Daniels, a pornographic film star who had threatened to go public with her claim that she had a short affair with Mr. Trump a decade earlier.Ms. Daniels was paid $130,000 not to speak publicly about her claims, and the payments were channeled through Mr. Trump’s fixer and personal lawyer, Michael D. Cohen, who has said Mr. Trump approved the scheme.The Manhattan case is likely to hinge on the way Mr. Trump and his company, the Trump Organization, handled reimbursing Mr. Cohen. Internal Trump Organization records falsely classified the reimbursements as legal expenses, helping conceal the purpose of the payments, according to Mr. Cohen. Mr. Trump’s lawyers deny this.In New York, falsifying business records can be a felony if it is done to cover up another crime, and in this case prosecutors are expected to argue that the underlying crime was a violation of campaign finance law. The exact charges, however, will not be unsealed until Tuesday when Mr. Trump is brought before Justice Juan M. Merchan, a New York County jurist with 16 years on the bench, who has been assigned to handle the case.Justice Merchan also oversaw the criminal tax fraud trial of Mr. Trump’s family real estate firm late last year.On Friday, Mr. Trump took aim at Justice Merchan on Truth Social, claiming that the judge hated him and that he had “railroaded” Allen H. Weisselberg, a former executive of the Trump Organization who has pleaded guilty to tax fraud charges.The indictment in Manhattan concerns hush money payments made in the final days of 2016 to Stormy Daniels, a pornographic film star.Todd Heisler/The New York TimesMr. Trump is also under investigation in Georgia, where prosecutors in Fulton County are expected to make a decision soon on whether to seek an indictment against him and his allies over their efforts to interfere in the 2020 presidential election.Mr. Trump famously made a call to the state secretary of state, Brad Raffensperger, urging him to “find 11,780 votes,” which would have given him a victory in the state.A special grand jury has heard evidence in the Georgia case and produced a final report, though its recommendations on charges remain under seal.In Washington, a Justice Department special counsel is leading two separate investigations, into Mr. Trump’s broader actions to cling to power after his 2020 electoral defeat and into his hoarding of documents marked as classified after leaving office.If the other criminal investigations result in charges, there is no guarantee that the New York case will be the first to go to trial.“The fact that New York is first to indict does not mean it will be the first to try,” said Stephen Gillers, a New York University law professor. “A federal indictment will be swifter if it comes.”Mr. Gillers noted that New York is more receptive to pretrial appeals than federal courts, meaning there will be many opportunities for Mr. Trump’s lawyers to delay a trial in the state by filing motions seeking, for instance, a change of venue or to remove a judge.The Manhattan district attorney’s office is also under pressure from House Republicans, who have used their investigative power to demand the district attorney turn over documents and testimony related to the Trump investigation, an extraordinary attempt by members of Congress to intervene in a criminal inquiry.Mr. Bragg’s office fired back in a letter on Friday, accusing three Republican committee chairmen who demanded documents — Representatives Jim Jordan of Ohio on the Judiciary Committee, James R. Comer of Kentucky on the Oversight Committee and Bryan Steil of Wisconsin on the Administration Committee — of aiding a campaign to denigrate the district attorney’s office.The letter noted that before being indicted, Mr. Trump had used his social media platform to insult Mr. Bragg and threaten “death and destruction” if he were charged.“You could use the stature of your office to denounce these attacks and urge respect for the fairness of our justice system and for the work of the impartial grand jury,” wrote Leslie Dubeck, the general counsel for the district attorney’s office.“Instead, you and many of your colleagues have chosen to collaborate with Mr. Trump’s efforts to vilify and denigrate the integrity of elected state prosecutors and trial judges,” Ms. Dubeck wrote.Reporting was contributed by Maggie Haberman, Ben Protess, William K. Rashbaum, Neil Vigdor, Ben Shpigel, Richard Fausset, Danny Hakim and Chelsia Rose Marcius in New York and by Luke Broadwater, Jonathan Swan and Charlie Savage in Washington. More
One aspect of the Manhattan district attorney’s indictment of former President Trump that has drawn considerable attention is why a local prosecutor brought charges linked to possible violations of federal campaign laws — and why the Justice Department has not.It is known Mr. Trump was under scrutiny by federal prosecutors in the Southern District of New York some years ago as part of an investigation that also looked at his longtime fixer, Michael D. Cohen. Mr. Cohen eventually went to prison, but Mr. Trump was not charged at the time, or after he left office.The prosecutors and the Justice Department have never said publicly why Mr. Trump was not charged, but some of the reasons appear to concern how the prosecutors viewed Mr. Cohen, who is expected to be involved in the case brought by the district attorney, Alvin L. Bragg.In 2018, the Southern District prosecutors brought charges against Mr. Cohen for paying $130,000 in hush money to the porn star Stormy Daniels during the 2016 presidential campaign. During that investigation, the federal prosecutors concluded that Mr. Trump had directed Mr. Cohen to pay off Ms. Daniels to keep her quiet about a sexual liaison she said she had with Mr. Trump. He has denied her assertion. The Southern District prosecutors accused Mr. Cohen of violating federal campaign finance laws, arguing that the payments to ensure the silence of Ms. Daniels, which were later reimbursed by Mr. Trump, amounted to an illegal donation to the Trump campaign. But the Southern District declined, at the time, to file charges against Mr. Trump.The federal prosecutors, and later Robert S. Mueller III, the special counsel, determined that prosecuting him would have violated a Nixon-era directive from the Justice Department’s Office of Legal Counsel that was interpreted as preventing the indictment of a sitting president.That protection disappeared the moment Mr. Trump left office.Mr. Trump’s defenders have seized on the fact that no federal charges have been brought against the former president in connection with the hush money payment to portray the actions of Mr. Bragg as motivated by partisanship.The federal prosecutors in Manhattan appear to have briefly considered reviving the inquiry into Mr. Trump in January 2021, just before President Biden was sworn in, but decided against doing so, according to the recent book “Untouchable,” by Elie Honig, a former Southern District prosecutor. (The decision was made in New York, and senior department staff members in Washington played no role in the decision, current and former officials said.)Nicholas Biase, a spokesman for the Southern District, declined to comment.The decision not to indict appeared to be rooted in lingering concerns about Mr. Cohen’s credibility and cooperation as a government witness.The Southern District prosecutors had informed Mr. Cohen that he had to provide a comprehensive accounting of his conduct as a condition of a cooperation deal, but he declined to be debriefed on other uncharged criminal conduct, if any, in his past, the prosecutors said in a 2018 court filing.That ran afoul of a longstanding policy followed by the Southern District regarding cooperation agreements, according to current and former Justice Department officials: A potential cooperating witness must divulge the entire range of their criminal conduct over their lifetime to get a deal.It is a rule “that not every U.S. attorney’s office uses” but has become an essential requirement to bringing cases in the Southern District, one of the country’s busiest and most scrutinized legal venues, said Joyce Vance, a former federal prosecutor and University of Alabama law professor, in a post on Substack.Such an accounting must “encompass their entire criminal history, as well as any and all information they possess about crimes committed by both themselves and others,” the Southern District prosecutors wrote in the 2018 court filing that seemed to lament Mr. Cohen’s recalcitrance. The prosecutors said they had found Mr. Cohen to be “forthright and credible.”“Had Cohen actually cooperated, it could have been fruitful,” the prosecutors wrote. But because he did not, the prosecutors said, the “inability to fully vet his criminal history and reliability impact his utility as a witness.”By July 2019, in another court filing, Southern District prosecutors signaled they were unlikely to file additional charges in the hush-money investigation, reporting they had “effectively concluded” their inquiry into efforts to buy the silence of Ms. Daniels and another woman who said she had an affair with Mr. Trump.They did not include any explanation. But in private, federal prosecutors cited concerns that Mr. Trump’s lack of basic knowledge of campaign finance laws would make it hard to prove intent, according to three people familiar with the situation. More
