Cohen, Michael D (1966- )

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      From Trump to John Edwards, Charges Over Payments Hinge on the Money’s Purpose

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      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

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      Entrega y acusación de Donald Trump: lo que sabemos

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      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

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      Trump Prepares to Surrender in New York as Police Brace for Protests

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      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

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      Justice Dept. Did Not Indict Trump on Hush Money Charges

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      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

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      Acusación a Donald Trump: cronología de los sucesos clave

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      El exmandatario se convertirá en el primer presidente o expresidente de Estados Unidos en enfrentar cargos penales.La investigación de la fiscalía de distrito de Manhattan sobre pagos efectuados por Donald Trump a una estrella porno a cambio de su silencio, que derivó en la acusación formal del expresidente, tardó casi cinco años.A continuación, describimos algunos momentos clave:21 de agosto de 2018Michael Cohen afirma que realizó pagos por órdenes del presidente para comprar el silencio de una actriz y comienza la investigaciónCohen, quien fuera abogado personal y solucionador de problemas de Trump, se declaró culpable de delitos federales y admitió ante un tribunal que Trump le había ordenado pagar a dos mujeres por su silencio. Los pagos se realizaron durante la campaña de 2016 para evitar que las mujeres hicieran declaraciones públicas sobre relaciones que ellas afirman que tuvieron con Trump.Poco después de la admisión de Cohen, la fiscalía de distrito de Manhattan abrió una investigación con el propósito de evaluar si esos pagos se habían efectuado en contravención de las leyes del estado de Nueva York. La fiscalía pronto suspendió las investigaciones a solicitud de algunos fiscales federales que todavía realizaban indagaciones sobre la misma conducta.Agosto de 2019La fiscalía de distrito ordena la comparecencia de la Organización TrumpDespués de que los fiscales federales anunciaron que habían llegado a la “conclusión efectiva” de su investigación, Cyrus Vance Jr., quien era fiscal de distrito de Manhattan en ese momento, retomó sus actividades indagatorias. A finales del mes, algunos fiscales de su oficina emitieron citaciones para ordenar la comparecencia de la Organización Trump y la firma contable de Trump, además de exigir las declaraciones de impuestos personales y empresariales de Trump correspondientes a los últimos ocho años.19 de septiembre de 2019Los abogados de Trump presentan una demanda para proteger sus declaraciones de impuestosLa demanda, interpuesta ante el Tribunal de Distrito de Estados Unidos en Manhattan, argumentaba que no era posible llevar a cabo una investigación penal de un presidente en funciones. Esta acción causó una gran demora.9 de julio de 2020Vance obtiene su primera victoria clave ante la Corte Suprema de EE. UU.Luego de que los jueces de apelaciones dictaron fallo en contra de Trump, la demanda se turnó a la Corte Suprema, donde los magistrados resolvieron que la presidencia no protegía a Trump de investigaciones del ámbito penal y, por lo tanto, no tenía el derecho absoluto de impedir la divulgación de sus declaraciones de impuestos.El fallo dejó a Trump con la oportunidad de formular distintas inconformidades a la citación de Vance.Otoño de 2020La investigación se intensificaAlgunos fiscales entrevistaron a empleados del principal banco y la aseguradora que prestan servicios a Trump y emitieron otras citaciones más.La fiscalía de distrito también indicó en otro escrito judicial que tenía motivos para investigar al presidente por fraude fiscal.La investigación que llevó a la acusación de Donald Trump ha abarcado casi cinco años. Stefani Reynolds para The New York Times22 de febrero de 2021La Corte Suprema le niega a Trump su último recurso para evitar que se den a conocer sus declaraciones de impuestosLa breve orden sin firmar fue una derrota decisiva para Trump y un punto de inflexión en la investigación de Vance.Apenas unas horas más tarde, se entregaron ocho años de informes financieros en la oficina de Vance.1.° de marzo de 2021La investigación se enfoca en un ejecutivo de alto rangoEn la primavera, los fiscales al mando de Vance concentraron su investigación en Allen Weisselberg, quien fungió por un largo periodo como director financiero de la Organización Trump, con la esperanza de ejercer presión sobre él para que cooperara con sus averiguaciones.A los fiscales les interesaba en particular saber si la Organización Trump le había otorgado prestaciones valiosas a Weisselberg como una especie de compensación no sujeta a impuestos.1.° de julio de 2021Se acusa a la Organización Trump de organizar un esquema de evasión de impuestos durante 15 añosCuando Weisselberg se negó a testificar en contra de su jefe, los fiscales anunciaron cargos en su contra y en contra de la empresa de Trump, pues su investigación reveló que la empresa había ayudado a sus ejecutivos a evadir impuestos ofreciéndoles como remuneración prestaciones como automóviles y apartamentos gratuitos que se les ocultaron a las autoridades.1.° de enero de 2022Asume un nuevo fiscal de distrito al frente de la oficina de ManhattanA la salida de Vance del cargo, su sucesor, Alvin Bragg, se encargó del caso. Ambos son demócratas.Bragg, quien se desempeñó como fiscal federal en el pasado, siguió empleando los servicios de dos de los líderes de la investigación: Mark Pomerantz, experimentado ex fiscal federal y abogado defensor en casos de delitos financieros, y Carey Dunne, el abogado general de Vance.23 de febrero de 2022Dos fiscales renuncian y ponen en duda el futuro de la investigaciónDespués de que Bragg expresó reservas acerca del caso, Pomerantz y Dunne suspendieron la presentación de evidencia sobre Trump ante un gran jurado. Un mes más tarde, presentaron su renuncia, lo que provocó protestas públicas por la decisión de Bragg de no proseguir con una acusación formal.En su carta de renuncia, que más adelante obtuvo The New York Times, Pomerantz señaló que Trump era culpable de varios delitos graves.18 de agosto de 2022Continúa la investigación de BraggTras guardar silencio casi total durante varias semanas de críticas, el fiscal de distrito habló por primera vez en público acerca de la investigación de Trump conducida por su oficina. Su mensaje, en esencia, fue que las averiguaciones continuarían.18 de agosto de 2022Weisselberg se declara culpable y accede a declarar en contra de la Organización TrumpAunque el director financiero se negó a entregar a Trump, accedió a testificar en el juicio de octubre en contra de la empresa en la que trabajó durante casi medio siglo.Finales del verano de 2022Los fiscales retoman el tema del pago a cambio del silencio de la actrizTranscurridos varios meses, los fiscales de Bragg retomaron el tema central original de la prolongada investigación: un pago para silenciar a Stormy Daniels, la estrella porno, quien dijo haber tenido relaciones sexuales con Trump.24 de diciembre de 2022Se declara culpable a la Organización Trump, en una victoria importante para el fiscal de distritoLos fiscales al mando de Bragg lograron que se declarara culpable a la empresa familiar de Trump, tras convencer al jurado de que esta era culpable de fraude fiscal y otros delitos.Enero de 2023El fiscal de distrito selecciona un nuevo gran juradoEl gran jurado se reunió durante los siguientes tres meses y escuchó testimonios de al menos nueve testigos sobre el pago a una actriz a cambio de su silencio.Mitad del invierno de 2023Los fiscales insinúan que es probable que se presente una acusación formal y ofrecen a Trump testificar frente al gran juradoEste tipo de ofertas por lo regular indican que pronto habrá una acusación formal; sería inusual notificar a un posible acusado si no se tiene la intención de presentar cargos en su contra.18 de marzo de 2023Trump predice su arresto y convoca a protestasSin ningún conocimiento directo, el expresidente afirma en una publicación en su cuenta de Truth Social que lo arrestarán en tres días e intenta convocar a sus partidarios. Se desdijo pronto de su predicción y no fue arrestado en ese momento.JuevesUn gran jurado decide presentar una acusación formal contra TrumpLos cargos, que todavía no se dan a conocer, serán los primeros presentados en contra de un presidente estadounidense.Jonah E. Bromwich cubre justicia penal en Nueva York, con énfasis en la fiscalía de distrito de Manhattan, las cortes penales estatales en Manhattan y las cárceles de la Ciudad de Nueva York. @jonesieman More

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      Trump’s Indictment and What’s Next

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      The fallout will be widespread, with ramifications for the 2024 presidential race, policymaking and more.Donald Trump is likely to turn himself in on Tuesday.Christopher Lee for The New York TimesWhat you need to know about Trump’s indictment A Manhattan grand jury has indicted Donald Trump over his role in paying hush money to a porn star, making him the first former president to face criminal charges. It’s a pivotal moment in U.S. politics — there was an audible on-air gasp when Fox News anchors reported the news on Thursday — with ramifications for the 2024 presidential race, policymaking and more.Here are the most important things to note so far.Mr. Trump is likely to turn himself in on Tuesday, which will see the former president be fingerprinted and photographed in a New York State courthouse. (Prosecutors for the Manhattan district attorney, Alvin Bragg, wanted Trump to surrender on Friday, but were rebuffed by the former president’s lawyers, according to Politico.) Afterward, Mr. Trump would be arraigned and would finally learn the charges against him and be given the chance to enter a plea. The former president has consistently denied all wrongdoing.Mr. Trump and his advisers, who were at his Mar-a-Lago resort in Florida on Thursday, were caught off guard by the announcement, believing some news reports that suggested an indictment wouldn’t come for weeks. The former president blasted the news, describing it in all-caps as “an attack on our country the likes of which has never been seen before” on Truth Social, the social network he founded.The case revolves in part around the Trump family business. Charges by the Manhattan district attorney arise from a five-year investigation into a $130,000 payment by the fixer Michael Cohen to the porn actress Stormy Daniels in 2016, before the presidential election that year.The Trump Organization reimbursed Mr. Cohen — but in internal documents, company executives falsely recorded the payment as a legal expense and invented a bogus legal retainer with Mr. Cohen to justify them. Falsifying business records is a crime in New York. But to make it a felony charge, prosecutors may tie the crime to a second one: violating election law.The fallout will be wide, and unpredictable. Democrats and Republicans alike used the news to underpin a flurry of fund-raising efforts. (Among them, of course, was Mr. Trump’s own presidential campaign.)It’s unclear how the indictment will affect the 2024 race. Mr. Trump, who can run for president despite facing criminal charges, is leading in early polls. Still, his potential opponents for the Republican nomination — including Gov. Ron DeSantis of Florida and Mike Pence, Mr. Trump’s former vice president — harshly criticized the move. House Republicans have also flocked to his defense, potentially increasing the chances of gridlock in Washington.But while the charges may give Mr. Trump a boost in the G.O.P. primary, they could also hurt his standing in the general election against President Biden.HERE’S WHAT’S HAPPENING European inflation remains stubbornly high. Consumer prices rose 6.9 percent on an annualized basis across the eurozone in March, below analysts’ forecasts. But core inflation accelerated, a sign that Europe’s cost-of-living crisis is not easing. In the U.S., investors will be watching for data on personal consumption expenditure inflation, set to be released at 8:30 a.m.A Swiss court convicts bankers of helping a Putin ally hide millions. Four officials from the Swiss office of Gazprombank were accused of failing to conduct due diligence on accounts opened by a concert cellist who has been nicknamed “Putin’s wallet.” The case was seen as a test of Switzerland’s willingness to discipline bankers for wrongdoing.More Gulf nations back Jared Kushner’s investment firm. Sovereign funds in the United Arab Emirates and Qatar have poured hundreds of millions into Affinity Partners, The Times reports. The revelation underscores efforts by Mr. Kushner, Donald Trump’s son-in-law, and others in the Trump orbit to profit from close ties they forged with Middle Eastern powers while in the White House.Lawyers for a woman accusing Leon Black of rape ask to quit the case. A lawyer from the Wigdor firm, who had been representing Guzel Ganieva, told a court on Thursday that the attorney-client relationship had broken down and that Ms. Ganieva wanted to represent herself. It’s the latest twist in the lawsuit by Ms. Ganieva, who has said she had an affair with the private equity mogul that turned abusive; Black has denied wrongdoing.Richard Branson’s satellite-launching company is halting operations. Virgin Orbit said that it failed to raise much-needed capital, and would cease business for now and lay off nearly all of its roughly 660 employees. It signals the potential end of the company after it suffered a failed rocket launch in January.A brutal quarter for dealmaking Bankers and lawyers began the year with modest expectations for M.&A. Rising interest rates, concerns about the economy and costly financing had undercut what had been a booming market for deals.But the first three months of 2023 proved to be even more difficult than most would have guessed, as the volume of transactions fell to its lowest level in a decade.About 11,366 deals worth $550.5 billion were announced in the quarter, according to data from Refinitiv. That’s a 22 percent drop in the number of transactions — and a 45 percent plunge by value. That’s bad news for bankers who had been hoping for any improvement from a dismal second half of 2022. (They’ve already had to grapple with another bit of bad news: Wall Street bonuses were down 26 percent last year, according to New York State’s comptroller.)The outlook for improvement isn’t clear. While the Nasdaq is climbing, there’s enough uncertainty and volatility in the market — particularly given concerns around banks — to deter many would-be acquirers from doing risky deals. Then again, three months ago some dealmakers told DealBook that they expected their business to pick up in the middle of 2023.Here’s how the league tables look: JPMorgan Chase, Goldman Sachs and the boutique Centerview Partners led investment banks, with a combined 58 percent of the market. And Sullivan & Cromwell, Wachtell Lipton and Goodwin Procter were the big winners among law firms, with 46 percent market share.Biden wants new rules for lenders The Biden administration on Thursday called on regulators to toughen oversight of America’s midsize banks in the wake of the crisis triggered by the collapse of Silicon Valley Bank, as policymakers shift from containing the turmoil to figuring out how to prevent it from happening again.Much of the focus was on reviving measures included in the Dodd-Frank law passed in the aftermath of the 2008 financial crisis. These include reapplying stress tests and capital requirements used for the nation’s systemically important banks to midsize lenders, after they were rolled back in 2018 during the Trump administration.Here are the new rules the White House wants to see imposed:Tougher capital requirements and oversight of lenders. At the top of the list is the reinstatement of liquidity requirements (and stress tests on that liquidity) for lenders with $100 billion to $250 billion in assets like SVB and Signature Bank, which also collapsed.Plans for managing a bank failure and annual capital stress tests. The administration sees the need for more rigorous capital-testing measures designed to see if banks “can withstand high interest rates and other stresses.”It appears the White House will go it alone on these proposals. “There’s no need for congressional action in order to authorize the agencies to take any of these steps,” an administration official told journalists.Lobbyists are already pushing back, saying more oversight would drive up costs and hurt the economy. “It would be unfortunate if the response to bad management and delinquent supervision at SVB were additional regulation on all banks,” Greg Baer, the president and C.E.O. of the Bank Policy Institute, said in a statement.Elsewhere in banking:In the hours after Silicon Valley Bank’s failure on March 10, Jamie Dimon, C.E.O. of JPMorgan Chase, expressed his reluctance to get involved in another banking rescue effort. Dimon changed his position four days later as he and Janet Yellen, the Treasury secretary, spearheaded a plan for the country’s biggest banks to inject $30 billion in deposits into smaller ailing ones. “If my government asks me to help, I’ll help,” Mr. Dimon, 67, told The Times.“We are definitely working with technology which is going to be incredibly beneficial, but clearly has the potential to cause harm in a deep way.” — Sundar Pichai, C.E.O. of Google, on the need for the tech industry to responsibly develop artificial intelligence tools, like chatbots, before rolling them out commercially.Carl Icahn and Jesus Illumina, the DNA sequencing company, stepped up its fight with the activist investor Carl Icahn on Thursday, pushing back against his efforts to secure three board seats and force it to spin off Grail, a maker of cancer-detection tests that it bought for $8 billion. But it is a reference to Jesus that the company says he made that is garnering much attention.The company said that it had nearly reached a settlement with Mr. Icahn before their fight went public, in a preliminary proxy statement. It added that he had no plan for the company beyond putting his nominees on the board.But Illumina also said Mr. Icahn told its executives that he “would not even support Jesus Christ” as an independent candidate over one of his own nominees because “my guys answer to me.”Experts say Mr. Icahn’s comments could be used against him in future fights. Board members are supposed to act as stewards of a company, not agents for a single investor. “If any disputes along these lines arise for public companies where Icahn has nominees on the board, shareholders are going to use this as exhibit A for allegations that the directors followed Icahn rather than their own judgment,” said Ann Lipton, a professor of law at Tulane University.Mr. Icahn doesn’t seem to care. He said the comments were “taken out of context” and the company broke an agreement to keep negotiations private.“It was a very poor choice of words and he is usually much smarter than that,” said John Coffee, a corporate governance professor at Columbia Law School. “But he can always say that he was misinterpreted and recognizes that directors owe their duties to all the shareholders.”THE SPEED READ DealsBed Bath & Beyond ended a deal to take money from the hedge fund Hudson Bay Capital after reporting another quarter of declining sales, and will instead try to raise $300 million by selling new stock. (WSJ)Apollo Global Management reportedly plans to bid nearly $2.8 billion for the aerospace parts maker Arconic. (Bloomberg)Marshall, the maker of guitar amps favored by Jimi Hendrix and Eric Clapton, will sell itself to Zound, a Swedish speaker maker that it had partnered with. (The Verge)PolicyFinland cleared its last hurdle to joining NATO after Turkey approved its entry into the security alliance. (NYT)The F.T.C. is reportedly investigating America’s largest alcohol distributor over how wine and liquor are priced across the U.S. (Politico)“Lobbyists Begin Chipping Away at Biden’s $80 Billion I.R.S. Overhaul” (NYT)Best of the restNetflix revamped its film division, as the streaming giant prepares to make fewer movies to cut costs. (Bloomberg)“A.I., Brain Scans and Cameras: The Spread of Police Surveillance Tech” (NYT)A jury cleared Gwyneth Paltrow of fault in a 2016 ski crash and awarded her the $1 she had requested in damages. (NYT)“Do We Know How Many People Are Working From Home?” (NYT)We’d like your feedback! Please email thoughts and suggestions to dealbook@nytimes.com. More

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      Donald Trump Indicted

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      He is the first former U.S. president to face criminal charges.A former American president has been indicted.A Manhattan grand jury voted yesterday to indict Donald Trump. The case relates to his involvement in paying hush money to a porn star to bury a sex scandal in the final days of his 2016 presidential campaign.There is still a lot we don’t know, including the exact charges. The indictment is under seal and will likely be released in the coming days. Trump has not yet been arrested, a delay that is common in white-collar criminal cases. He is expected to turn himself in on Tuesday and will probably travel to New York from his home in Florida. (Here’s more on what to expect when Trump is taken into custody.)Regardless, a conviction in this case would not legally prevent Trump from continuing to run for president. An impeachment conviction could have barred Trump from future federal office, but the Senate acquitted him in both of his trials there.Trump continued to paint the case as partisan and biased last night. “This is political persecution and election interference at the highest level in history,” he said in a statement. He has long feared the possibility of being arrested, according to my colleague Maggie Haberman.Today’s newsletter will explain the allegations against Trump, why some legal analysts applaud the charges but also why even some of his critics worry about the potential consequences of an indictment.What’s in the case?Even though the indictment is still under seal and the specific charges remain unknown, reporters have learned the broad strokes of the investigation.One possibility is that the Manhattan district attorney, Alvin Bragg, is combining state laws to accuse Trump of falsifying business records. The prosecution would focus on Trump’s reimbursements to his lawyer at the time, Michael Cohen, for the $130,000 payment to the porn star, Stormy Daniels.A charge of falsifying business records is common in white-collar cases. The unusual part of the charge would be how it’s elevated to a felony from a misdemeanor. In New York, falsifying records can rise to a felony if the fraud helped commit or conceal another intended crime.In this case, Bragg could argue that Trump falsified records to cover up the hush money in the final weeks of the 2016 race, potentially making it an illegal campaign contribution. Supporters of Trump’s prosecution argue that a successful conviction would show that no one, not even a president, is above the law. “If the rule of law is to be applied equally — & it must — it must apply to the powerful as it does to everyone else,” tweeted Representative Adam Schiff, a California Democrat.Prosecutors try creative tactics all the time, and sometimes they work. But some experts worry that a case involving a former president is not the time for creative tactics. “Is this really the case where you want to be stepping out on a limb legally or factually in your charges, given the weight of this politically, socially, culturally and for democracy?” said Rebecca Roiphe, a professor at New York Law School and a former prosecutor.Is there precedent?Presidents have gotten in legal trouble before. Many historians believe Richard Nixon would have been charged over the Watergate scandal had his successor, Gerald Ford, not pardoned him. And Bill Clinton, in a deal to avoid prosecution after he left office, admitted to lying under oath about his affair with Monica Lewinsky, paid a fine and agreed to give up his law license.Trump also faces other investigations — into his involvement in the Jan. 6 attack on the U.S. Capitol, his efforts to overturn the 2020 election and his handling of classified documents.There is also one less serious example of a president being arrested: A Washington, D.C., police officer arrested Ulysses S. Grant in 1872 for speeding in his horse and buggy before letting him go.Will it stick?Creative legal tactics are inherently risky. Courts typically draw on past cases to decide current ones. But Trump’s case is the first of its kind, both in terms of charging a former president and potentially attempting a new legal strategy.It also has weaknesses. In 2012, federal prosecutors dropped charges against John Edwards, a former Democratic presidential candidate, after jurors voted to acquit him of one charge and deadlocked on others. In that case, prosecutors argued Edwards violated federal campaign finance laws to pay for a scheme to cover up an affair. The jury evidently did not believe there was enough evidence to tie Edwards to the scheme.In Trump’s case, some conditions do favor the prosecution. It will come before a judge and jury in a very Democratic city. And the judge who is expected to preside over the case, Juan Merchan, previously oversaw the conviction of Trump’s family business.More Trump newsTrump and his aides were caught off guard by the grand jury’s decision. They believed an indictment was weeks away or might not happen at all.The larger story of Trump’s indictment is that of a country heading down a road it has never traveled before, Peter Baker writes.While the indictment is a first for the U.S., such cases have become fairly common globally.Republican leaders defended Trump, with one prominent supporter suggesting his mug shot should double as a 2024 campaign poster.Fox News hosts called the indictment politically motivated and suggested it might lead to unrest.Some former Trump Organization employees cheered the latest developments over text messages. Follow our updates.Commentary“A pattern of disregard for the law often leads to a criminal indictment, and that is the outcome Mr. Trump now faces,” The Times’s editorial board writes.“Should state officials bring a state claim that depends on an accusation of having violated federal law when federal charges were never filed? My conclusion is no,” David French writes in Times Opinion.Five former South Korean presidents have faced prosecution. It helped strengthen the country’s democracy, Nicholas Kristofargues in Times Opinion.“Save the mug shot for Georgia, the handcuffs for Jan. 6. Those were real offenses against the country,” Peggy Noonan writes in The Wall Street Journal.THE LATEST NEWSInternationalTurkish lawmakers voting yesterday.Burhan Ozbilici/Associated PressTurkey approved Finland’s bid to join NATO, the final hurdle to membership. The move is a setback for Russia.By arresting an American journalist and accusing him of espionage, Russia is isolating itself further from the West.Mexico arrested five people over a fire at a migrant detention center that killed at least 39.PoliticsWealth funds in the U.A.E. and Qatar invested hundreds of millions of dollars with Jared Kushner’s private equity firm.A Democratic state senator in Nebraska has been filibustering for weeks to block a bill that would ban transition-related medical treatment for minors.A federal judge struck down an Obamacare provision that requires insurers to cover preventive care. The Biden administration will probably appeal.Other Big StoriesThunderstorms, high winds and tornadoes are forecast across the Midwest and parts of the South today.Missteps by the police contributed to the death toll in Canada’s worst mass shooting, when a gunman killed more than 20 people in 2020, an investigation found.A jury ruled in Gwyneth Paltrow’s favor in a 2016 skiing accident, finding that the man who sued her was at fault. OpinionsMany Russian men view fighting in Ukraine as a chance to fix their lives, Marlene Laruelle and Ivan Grek write.Israel’s political crisis is a chance to strengthen its democracy by writing a constitution, Yuval Levin says.MORNING READSMeeting etiquette: Is it rude to knit at work? It could help you focus.“It’s American football?”: Yankees caps are everywhere in Brazil, even if people don’t know the meaning of what they’re wearing.Modern Love: When climate change melts your relationship.A morning listen: Google’s chief executive discusses the A.I. arms race.Lives Lived: Yang Bing-yi opened a modest shop in Taiwan in 1958. He built it into a dumpling and noodle empire, earning a Michelin star and introducing the soup dumpling to a global audience. Yang died at 96.SPORTS NEWS FROM THE ATHLETICOpening Day attraction: The first at-bat for the Yankees’ Aaron Judge after a magical 2022 — and after signing a megacontract — was perfect: a home run. A singing pitcher: In a surprise to fans and teammates, the Cardinals pitcher Adam Wainwright took the mic for the national anthem yesterday. A look ahead: See previews for each M.L.B. team.ARTS AND IDEAS Reliving the 1990s.Joe Buglewicz for The New York TimesA dose of ’90s nostalgia At the second annual 90s Con, in Hartford, Conn., attendees perused VHS tapes and Furby tattoos and had a chance to be splashed with Nickelodeon-style slime. Two members of ’N Sync were there, as were stars from “Full House” and “Beverly Hills, 90210.” As millennials start to enter middle age, some find themselves drawn to reliving the decade of their youth. As Shawn O’Connor, 35, who runs a ’90s-themed bar on Long Island, said: “It makes me happy, and I want to feel happy because I’m old.”PLAY, WATCH, EATWhat to CookJohnny Miller for The New York TimesFor the fluffiest results, mix this banana-and-buttermilk pancake batter minimally.What to Listen toA playlist for the early weeks of spring.What to WatchIn “Kill Boksoon,” an assassin must choose between the murderous career she loves and the daughter she’s been hiding it from.Late NightThe hosts discussed Trump’s indictment.News QuizHow well did you keep up with the news this week?Now Time to PlayThe pangram from yesterday’s Spelling Bee was clickable. Here is today’s puzzle.Here’s today’s Mini Crossword, and a clue: Line, to Brits (five letters).And here’s today’s Wordle. Thanks for spending part of your morning with The Times. See you tomorrow. — GermanP.S. An earthquake devastated Managua, Nicaragua’s capital, 92 years ago today.Here’s today’s front page. “The Daily” is about Trump.Sign up here to get this newsletter in your inbox. Reach our team at themorning@nytimes.com. More

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      Trump Is Indicted, Becoming First Ex-President to Face Criminal Charges

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      A Manhattan grand jury indicted Donald J. Trump on Thursday for his role in paying hush money to a porn star, according to people with knowledge of the matter, a historic development that will shake up the 2024 presidential race and forever mark him as the nation’s first former president to face criminal charges.On Thursday evening, after news of the charges had been widely reported, the district attorney’s office confirmed that Mr. Trump had been indicted and that prosecutors had contacted Mr. Trump’s attorney to coordinate his surrender to authorities in Manhattan.Mr. Trump is likely to turn himself in on Tuesday, at which point the former president will be photographed and fingerprinted in the bowels of a New York State courthouse, with Secret Service agents in tow. He will then be arraigned, at which point the specific charges will be unsealed. Mr. Trump faces more than two dozen counts, according to two people familiar with the matter. Mr. Trump has for decades avoided criminal charges despite persistent scrutiny and repeated investigations, creating an aura of legal invincibility that the indictment now threatens to puncture.But unlike the investigations that arose from his time in the White House — which examined his strong-arm tactics on the international stage, his attempts to overturn the election and his summoning of a mob to the steps of the U.S. Capitol — this case is built around a tawdry episode that predates Mr. Trump’s presidency. The reality star turned presidential candidate who shocked the political establishment by winning the White House now faces a reckoning for a hush-money payment that buried a sex scandal in the final days of the 2016 campaign.In a statement, Mr. Trump lashed out at the district attorney, Alvin L. Bragg, a Democrat, and portrayed the case as the continuation of a politically motivated witch hunt against him.“This is political persecution and election interference at the highest level in history,” Mr. Trump said in the statement, calling Mr. Bragg “a disgrace” and casting himself as “a completely innocent person.”The Manhattan district attorney, Alvin L. Bragg, has been the target of Mr. Trump’s venomous attacks. Anna Watts for The New York TimesMr. Trump, who has consistently denied all wrongdoing, has already called on his followers to protest his arrest, in language reminiscent of his social media posts in the weeks before the Jan. 6, 2021, attack on the Capitol by his supporters. He has also denied any affair with the porn star, Stormy Daniels, who had been looking to sell her story of a tryst with Mr. Trump during the 2016 campaign.“President Trump did not commit any crime,” Mr. Trump’s lawyers, Susan R. Necheles and Joseph Tacopina, said in a statement. “We will vigorously fight this political prosecution in court.”The first sign that an indictment was imminent on Thursday came just before 2 in the afternoon, when the three lead prosecutors on the Trump investigation walked into the Lower Manhattan building where the grand jury was sitting. One of them carried a copy of the penal law, which was most likely used to read the criminal statutes to the grand jurors before they voted.The team prosecuting Mr. Trump was led by Matthew Colangelo, center, and Susan Hoffinger, center left, as well as Chris Conroy.Dave Sanders for The New York TimesNearly three hours later, the prosecutors walked into the court clerk’s office through a back door to begin the official process of filing the indictment, arriving about two minutes before the office closed for the day.For weeks, the atmosphere outside the district attorney’s office had resembled a circus, with television trucks and protesters surrounding the building. But the fervor had cooled by Thursday, and the outskirts of the office were emptier than they had been in weeks.Mr. Bragg is the first prosecutor to indict Mr. Trump, but he might not be the last. Mr. Trump’s actions surrounding his electoral defeat are now the focus of a separate federal investigation, and a Georgia prosecutor is in the final stages of an investigation into Mr. Trump’s attempts to reverse the election results in that state.But the Manhattan indictment, the product of a nearly five-year investigation, kicks off a volatile new phase in Mr. Trump’s post-presidential life as he makes a third run for the White House. And it will throw the race for the Republican nomination — which he is leading in most polls — into uncharted territory.Under normal circumstances, an indictment would deal a fatal blow to a presidential candidacy. But Mr. Trump is not a normal candidate. He has already said that he would not abandon the race if he were charged, and the case might even help him in the short term as he paints himself as a political martyr.The indictment also raises the prospect of an explosive backlash from Mr. Trump, who often uses his legal woes to stoke the rage of die-hard supporters. Already, the former president has used bigoted language to attack Mr. Bragg, the first Black man to lead the district attorney’s office, calling him a “racist,” an “animal” and a “radical left prosecutor.”Mary Kelley, a supporter of Mr. Trump, on the bridge outside of Mar-a-Lago Club in Palm Beach, Fla., on Thursday.Josh Ritchie for The New York TimesIn the past, Mr. Trump has lashed out when feeling cornered, encouraging the violent attack on the Capitol as he contested the results of the 2020 presidential election. That assault on the seat of government demonstrated that Mr. Trump’s most zealous followers were willing to resort to violence on his behalf as he sought to overturn the election results.While the specific charges in the Manhattan case against the former president remain unknown, Mr. Bragg’s case centers on a $130,000 hush-money payment to Ms. Daniels.Mr. Trump’s longtime fixer, Michael D. Cohen, made the payment in the final days of the 2016 campaign. Mr. Trump later reimbursed him, signing monthly checks while serving as president.Mr. Bragg’s prosecutors appear to have zeroed in on the way Mr. Trump and his family business, the Trump Organization, handled the reimbursement to Mr. Cohen. In internal documents, Trump Organization employees falsely recorded the repayments as legal expenses, and the company invented a bogus retainer agreement with Mr. Cohen to justify them.Mr. Cohen, who broke with Mr. Trump in 2018 and later testified before Congress as well as the grand jury that indicted Mr. Trump, has said that the former president knew about the phony legal expenses and retainer agreement.In New York, it can be a crime to falsify business records, and Mr. Bragg’s office is likely to build the case around that charge, according to people with knowledge of the matter and outside legal experts.But to charge falsifying business records as a felony, rather than a misdemeanor, Mr. Bragg’s prosecutors must show that Mr. Trump’s “intent to defraud” included an effort to commit or conceal a second crime.That second crime could be a violation of election law. Mr. Bragg’s prosecutors might argue that the payment to Ms. Daniels represented an illicit contribution to Mr. Trump’s campaign: The money silenced Ms. Daniels, aiding his candidacy at a crucial time.“Campaign finance violations may seem like small potatoes next to possible charges for his attempt to overthrow the 2020 election, but they also go to the heart of the integrity of the electoral process,” said Jerry H. Goldfeder, a special counsel at Stroock & Stroock & Lavan LLP and a recognized expert in New York state election law.If Mr. Trump were ultimately convicted, he would face a maximum sentence of four years, though prison time would not be mandatory.Yet a conviction is not a sure thing, and Mr. Bragg’s case might apply a legal theory that has yet to be evaluated by judges. A New York Times review of relevant cases and interviews with election law experts strongly suggest that New York State prosecutors have never before filed an election law case involving a federal campaign.An untested case against any defendant, let alone a former president of the United States, carries the risk that a court could throw out or limit the charges.Mr. Trump will not be the first person charged over the hush-money payment. In 2018, Mr. Cohen was federally prosecuted for the payment and pleaded guilty to campaign finance violations.Michael D. Cohen, right, Mr. Trump’s former fixer, will be a crucial witness against him. Jefferson Siegel for The New York TimesMr. Cohen is likely to become Mr. Bragg’s star witness at trial. While his past crimes will make him a target for Mr. Trump’s lawyers — who can be expected to attack the former fixer’s credibility at every turn — prosecutors will be likely to counter that Mr. Cohen lied on behalf of Mr. Trump, and that his story has been consistent for years.In a statement, Mr. Cohen said he took “solace in validating the adage that no one is above the law; not even a former president.”His lawyer, Lanny J. Davis, said that “Michael Cohen made the brave decision to speak truth to power and accept the consequences,” and that “he has done so ever since.”Mr. Cohen will not be the prosecution’s only witness: David Pecker, a longtime ally of Mr. Trump and the former publisher of The National Enquirer, testified before the grand jury twice this year. He is likely to be able to corroborate important aspects of Mr. Cohen’s story, including that Mr. Trump wanted to bury embarrassing stories to protect his presidential campaign, not just his family, as his lawyers contend.Soon after Mr. Trump began his campaign in 2015, he hosted Mr. Pecker for a meeting at Trump Tower, during which the publisher agreed to look out for stories that might damage Mr. Trump’s candidacy.One such story arose in the summer of 2016, when Karen McDougal, Playboy’s playmate of the year in 1998, said that she had had an affair with Mr. Trump. She reached a $150,000 agreement with the tabloid, which bought the rights to her story to suppress it, a practice known as “catch and kill.”When Ms. Daniels tried to secure a similar arrangement, Mr. Pecker didn’t take the deal. But he and the tabloid’s former top editor helped broker Mr. Cohen’s payment to Ms. Daniels.Despite the potential legal obstacles, and questions about Mr. Cohen’s credibility, if the case does go to trial, the salacious details could sink Mr. Trump. While white-collar prosecutions are often dry and procedural, this one will likely have some built-in jury appeal: a defendant charged with a seedy crime in a city where he is loathed by many.Any trial is months away. It will take time for Mr. Trump’s lawyers to argue that the case should be thrown out. That timeline raises the extraordinary possibility of a trial unfolding in the thick of the 2024 presidential campaign.The case would come before a jury more than five years after Mr. Cohen’s federal guilty plea prompted the district attorney’s office to open an investigation into Mr. Trump’s role in the hush-money saga. The inquiry began under Mr. Bragg’s predecessor, Cyrus R. Vance Jr., who did not seek re-election.Over the years, the investigation expanded to include whether Mr. Trump had lied about his net worth on annual financial statements. Although Mr. Vance’s prosecutors were marching toward an indictment of Mr. Trump for inflating his net worth, soon after Mr. Bragg took office, he developed concerns about proving the case.But he continued to scrutinize Mr. Trump. And in January, a few months after his prosecutors began revisiting the potential hush-money case, Mr. Bragg impaneled the grand jury that has now indicted Mr. Trump.Maggie Haberman More