Cohen, Michael D (1966- )

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      ‘Access Hollywood’ Tape Can Be Discussed at Trump Hush-Money Trial, Judge Rules

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      Jurors in Donald J. Trump’s hush-money case will hear testimony about the “Access Hollywood” recording in which he boasts about groping women. They will not hear his voice.A New York judge on Monday ruled that prosecutors can introduce a variety of damaging evidence in Donald J. Trump’s coming criminal trial, including references to the infamous “Access Hollywood” recording in which Mr. Trump boasts about groping women.Mr. Trump’s lawyers had sought to keep the tape out of evidence, and the judge, Juan M. Merchan, struck something of a compromise. He ruled that it was unnecessary for prosecutors from the Manhattan district attorney’s office to actually play the tape for a jury, but that they could question witnesses about it.In other rulings on Monday, the judge strengthened the prosecution’s hand heading into the trial, which is tentatively set to start in mid-April. Jury selection was originally scheduled to have begun March 25, but the judge last week delayed the trial at least three weeks after more than 100,000 investigative records came to light.Unless the judge delays it again, it almost certainly will be the first of Mr. Trump’s four criminal cases to be heard by jurors, and will be the first prosecution of a former American president in the nation’s history.Some of the evidence prosecutors want to introduce does not directly relate to the core accusation in the case — that Mr. Trump covered up a potential sex scandal involving the porn star Stormy Daniels to clear his path to the presidency in 2016. But it strikes at the heart of Mr. Trump’s potential motive for approving a hush-money payment to Ms. Daniels. He did that on the heels of the “Access Hollywood” recording being made public, a development that upended Mr. Trump’s campaign in the weeks before Election Day.The judge withheld a decision about some of the most damaging pieces of evidence that prosecutors want to introduce: three public accusations of sexual assault lodged against Mr. Trump after the tape was released. Persuading the judge that allegations of sexual assault should be allowed could be difficult, given that judges are supposed to carefully evaluate evidence that could unfairly harm a defendant in the eyes of the jury.We are having trouble retrieving the article content.Please enable JavaScript in your browser settings.Thank you for your patience while we verify access. If you are in Reader mode please exit and log into your Times account, or subscribe for all of The Times.Thank you for your patience while we verify access.Already a subscriber? Log in.Want all of The Times? Subscribe. More

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      Trump’s Allies Pledged Loyalty to Him. Until They Didn’t.

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      The former president is facing down Michael Cohen, his longtime fixer, in a Manhattan courtroom, while other ex-loyalists are cooperating in a case against him in Georgia.Donald J. Trump could not hide his anger. Sitting at the front of a crowded New York courtroom this week, he folded his arms tightly across his chest. He tossed his head and scowled. He stared into the middle distance and scrolled through his phone.His ire was directed at Michael D. Cohen, his former personal lawyer and fixer, who had taken the witness stand 15 feet away and had promptly called Mr. Trump a liar. Mr. Cohen has told his share of lies as well. But in court, he swore he had done so “at the direction of, in concert with and for the benefit of Mr. Trump.”Mr. Cohen’s two days of dramatic testimony this week provided the first glimpse of what could become a familiar scene: Mr. Trump, sitting at a defense table, watching as a lawyer who once did his bidding now cooperated with the authorities seeking to hold him to account.On the same day Mr. Cohen began his testimony, Jenna Ellis, who had sought to help Mr. Trump overturn the results of the 2020 election, pleaded guilty to state charges in Georgia. She was preceded by Sidney Powell and Kenneth Chesebro, both lawyers who worked with Mr. Trump’s campaign, both now expected to cooperate in the criminal case that the Georgia prosecutors brought against him.The circumstances surrounding the Georgia criminal case and the Manhattan civil fraud trial are vastly different. But near the center of each case are lawyers who pledged public fealty to Mr. Trump — until they very publicly did not.Mr. Trump has long relied on a phalanx of legal attack dogs to speak on his behalf, or to do or say things he would rather not do or say himself. And because Mr. Trump has such a tenuous relationship with the truth, those lieutenants often spread a message that prosecutors and investigators consider to be outright lies. Lies about an election he lost, a relationship with a porn star he may have had and a net worth he may not quite have achieved.Now those statements are ricocheting back at Mr. Trump as he contends with the civil trial in New York, brought by the state’s attorney general, Letitia James, and with four criminal indictments up and down the East Coast. And while Mr. Trump is quick to blame his betrayers — Mr. Cohen is “proven to be a liar,” he said outside the courtroom this week — his predicament was born from his own lopsided approach to relationships.Mr. Trump has a history of disavowing people who were once close to him and find themselves in trouble. He had long since cut ties with Mr. Cohen — until Tuesday, they had not seen each other in five years — and more recently he distanced himself from the lawyers in the Georgia case. He had also refused to pay their mounting legal bills.Their relationships, a one-way street flowing in Mr. Trump’s direction, appeared to work for a time. But when those loyal soldiers faced their own legal jeopardy, their allegiance to the former president became strained or even shattered.There have been exceptions since Mr. Trump’s split with Mr. Cohen. Mr. Trump’s political action committee has picked up the legal bills for his co-defendants in the federal criminal case involving his handling of classified government documents, as well as those of several witnesses connected to the case.Mr. Trump’s company also agreed to dole out a $2 million severance payment to his longtime chief financial officer, Allen H. Weisselberg, and continues to pay for Mr. Weisselberg’s lawyers. Mr. Weisselberg pleaded guilty to tax fraud and testified at the company’s criminal trial last year, but has stopped short of turning on Mr. Trump.Mr. Cohen was among several in a series of people who Mr. Trump turned to over decades in the hopes they would emulate his first fixer and defender, the lawyer Roy Cohn. “Roy was brutal, but he was a very loyal guy,” Mr. Trump told one of his biographers, Timothy O’Brien, in an interview. “He brutalized for you.”That brutality — along with Mr. Cohn’s method of conflating public relations defenses with legal ones, making showy displays in court and accusing the federal government of “Gestapo-like tactics” against Mr. Trump in a 1970s suit alleging housing discrimination — became Mr. Trump’s preferred model for a lawyer.Mr. Cohen has often said that those sort of tactics influenced what Mr. Trump looks for in those who defend him.While it is unclear how useful Ms. Ellis and the other two lawyers will be to the case against Mr. Trump in Georgia, Mr. Cohen has already been tormenting Mr. Trump for the last five years. Ms. Ellis became critical of him publicly in the last several months.Mr. Trump made a point of attending the trial in Manhattan this week to watch Mr. Cohen’s testimony in person.Dave Sanders for The New York TimesFor Mr. Trump, the feud with Mr. Cohen is personal. Although he is running for president and fighting the four indictments, none of those obligations could pry him away from the Manhattan courtroom to watch Mr. Cohen’s testimony. Mr. Trump did not have to attend the testimony, but people close to him say he believes events go better for him when he is present.Mr. Trump’s falling out with Mr. Cohen stemmed from their dealings with the porn star Stormy Daniels.In the final stretch of the 2016 presidential campaign, Mr. Cohen paid Ms. Daniels $130,000 to silence her story of an affair with Mr. Trump years earlier — an affair that Mr. Trump denied had ever taken place.The deal came to light in 2018, and soon, the F.B.I. had searched Mr. Cohen’s home and office. As Mr. Cohen’s life imploded, Mr. Trump began to distance himself from his fixer, and eventually, his company stopped paying Mr. Cohen’s legal bills altogether.Mr. Cohen soon lashed out and began to speak with prosecutors. When he pleaded guilty that year for his role in the hush-money deal, he stood up in court and pointed the finger at the then-president. Mr. Trump, Mr. Cohen declared, had directed the payment of the hush money.Although the federal prosecutors declined to indict Mr. Trump, this year the Manhattan district attorney’s office brought charges against him related to the deal, using Mr. Cohen as a potential star witness for a trial scheduled to start in the spring. Mr. Cohen has also testified before Congress that the former president’s company had manipulated financial statements to reach Mr. Trump’s desired net worth. That testimony was the catalyst for Ms. James to open her investigation.When Ms. James’s team questioned Mr. Cohen on Tuesday, he repeated many of the same accusations, testifying that Mr. Trump had directed him to “reverse engineer” annual financial statements to reach the former president’s desired net worth.Mr. Cohen spoke calmly and confidently as he recounted Mr. Trump’s obsession with his net worth.But the Trump team’s cross-examination exposed the perils of relying on a disgruntled former aide, especially one as temperamental as Mr. Cohen.Mr. Trump’s lawyers seized on Mr. Cohen’s inconsistent statements about the former president and his own crimes, leading him to admit to having lied a number of times. Toward the end of the second day of cross-examination, Mr. Cohen appeared visibly flustered as he tripped over rapid-fire questions about whether Mr. Trump had personally directed him to inflate numbers on his annual financial statements. Mr. Cohen said he had not, prompting Mr. Trump and one of his lawyers, Alina Habba, to throw their hands up in victory.Ms. Habba also resurfaced a series of glowing remarks Mr. Cohen once made about his boss, further underscoring his about-face.“I think he’s going to be an amazing president”; “I’m the guy who would take the bullet for the president”; “I think the world of him, I respect him as a business man and I respect him as a boss,” Ms. Habba emphatically read, as she circled the courtroom with a hand-held microphone like a preacher delivering a sermon.This appeared to delight Mr. Trump, who turned to watch Ms. Habba while draping his arm over her empty chair.Before Mr. Cohen completed his testimony on Wednesday, one of Mr. Trump’s lawyers asked Justice Arthur J. Engoron to dismiss the case, citing Mr. Cohen’s contradictions.Justice Engoron denied the request, and Mr. Trump stormed out of the courtroom.Kate Christobek More

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      Giuliani Repeatedly Sought Help With Legal Bills From Trump

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      As Rudolph Giuliani has neared a financial breaking point with a pile of legal bills, the former president has largely demurred, despite making a vague promise to pay up.Rudolph W. Giuliani is running out of money and looking to collect from a longtime client who has yet to pay: former President Donald J. Trump.To recover the millions of dollars he believes he is owed for his efforts to keep Mr. Trump in power, Mr. Giuliani first deferred to his lawyer, who pressed anyone in Mr. Trump’s circle who would listen.When that fizzled out, Mr. Giuliani and his lawyer made personal appeals to the former president over a two-hour dinner in April at his Mar-a-Lago estate and in a private meeting at his golf club in West Palm Beach.When those entreaties largely failed as well, Mr. Giuliani’s son, Andrew, who has an independent relationship with the former president, visited Mr. Trump at his club in New Jersey this month, with what people briefed on the meeting said was the hope of getting his father’s huge legal bills covered.That appeared to help. Mr. Giuliani’s son asked that Mr. Trump attend two fund-raisers for the legal bills, and the former president agreed to do so, the people said.Still, for the better part of a year, as Mr. Giuliani has racked up the bills battling an array of criminal investigations, private lawsuits and legal disciplinary proceedings stemming from his bid to keep Mr. Trump in office after the 2020 election, his team has repeatedly sought a lifeline from the former president, according to several people close to him. And even as the bills have pushed Mr. Giuliani close to a financial breaking point, the former president has largely demurred, the people said, despite making a vague promise during their dinner at Mar-a-Lago to pay up.Mr. Giuliani, 79, who was criminally charged alongside Mr. Trump this week in the election conspiracy case in Georgia, is currently sitting on what one person familiar with his financial situation says is nearly $3 million in legal expenses. And that is before accounting for any money that Mr. Giuliani, the former mayor of New York City, might be owed for his work conducted after Election Day on Mr. Trump’s behalf.Mr. Trump’s political action committee, which has doled out roughly $21 million on legal fees primarily for Mr. Trump but also for a number of people connected to investigations into him, has so far covered only $340,000 for Mr. Giuliani, a payment made in late May.A spokesman for Mr. Trump did not respond to a request for comment, nor did a spokesman for Mr. Giuliani.Mr. Giuliani, whose law license has been suspended because of his work to overturn the election, has few sources of income left, according to people close to him.He earns roughly $400,000 a year from his WABC radio show, according to a person familiar with the matter. He also gets some income from a podcast he hosts, and, according to another person familiar, a livestream broadcast. The three cash streams are nowhere near enough to cover his debts, people close to him say. A legal-defense fund set up by friends to raise $5 million for him in 2021 took down its website after raising less than $10,000.Those who remain close to Mr. Giuliani have expressed bafflement that Mr. Trump has given him little financial help after his work on behalf of the former president.Doug Mills/The New York TimesIn the past, Mr. Trump has entered dangerous territory by not paying an associate’s legal bills when the case is connected to him, most notably with his former lawyer and fixer, Michael D. Cohen, who has become a chief antagonist and star witness against him. But people close to both Mr. Trump and Mr. Giuliani take it as an article of faith that the former mayor would never cooperate with investigators in any meaningful way against the former president. (Mr. Giuliani has said both he and his former client did nothing wrong.)Among those who remain close to Mr. Giuliani, there is bafflement, concern and frustration that the former mayor, who encouraged Mr. Trump to declare victory on election night before all the votes were counted, has received little financial help.Bernard B. Kerik, the former New York City police commissioner under Mr. Giuliani, who worked with the former mayor trying to identify evidence of fraud and who remains a supporter of Mr. Trump, puts the fault on people around the former president. Mr. Kerik was pardoned by Mr. Trump after pleading guilty to tax fraud and having lied to White House officials when President George W. Bush nominated him to be secretary of the Homeland Security Department.“I know the president is surrounded by a number of people that despised Giuliani even before the election, more so after the election, for his loyalty to the president and for their relationship,” Mr. Kerik said. “It’s always been a point of contention for a number of people who I personally think didn’t serve the president well in the first place.”Mr. Kerik added, “Where is everybody? Where’s the campaign?”But, even as Mr. Kerik and others have blamed Mr. Trump’s inner circle for the lack of payments, the decision, as several people familiar with the matter noted, was always the former president’s.Mr. Trump has never explicitly told Mr. Giuliani why he is effectively stiffing him, but the former president has pointed out that he lost the cases related to the election. That has been consistent with what Mr. Trump told aides shortly after Election Day, when an associate of Mr. Giuliani’s, Maria Ryan, asked the campaign in an email for $20,000 a day to pay for the former mayor’s work.People close to the former mayor argue he was not working strictly on lawsuits, but also on research and efforts to keep state legislatures from certifying results Mr. Giuliani insisted were false. But Mr. Trump told aides he didn’t want Mr. Giuliani to receive “a dime” unless he succeeded. Some of Mr. Giuliani’s expenses were eventually paid, but only after Mr. Trump personally approved the money.Andrew Giuliani appealed to Mr. Trump on behalf of his father.Johnny Milano for The New York TimesThe effort to collect legal fees from Mr. Trump began in earnest more than two years ago. Mr. Giuliani’s main lawyer, Robert J. Costello, started calling people in Mr. Trump’s orbit, making the case that the former president was on the hook for legal fees Mr. Giuliani incurred because of his work for Mr. Trump. Mr. Costello has contacted at least six lawyers close to Mr. Trump, according to people with knowledge of the discussions, and most appeared sympathetic to Mr. Giuliani’s situation.This spring, Mr. Giuliani reached out to Mr. Trump directly and asked to meet, the people said. Mr. Trump agreed, and in late April, they met at Mr. Trump’s golf club in West Palm Beach.The meeting was pleasant, and lasted more than an hour, a person familiar with the meeting said. But Mr. Trump, who was accompanied by one of his Florida attorneys, was noncommittal.Yet he agreed to meet them again, two days later, at his private club, Mar-a-Lago, a meeting previously reported by CNN. Over a nearly two-hour dinner, Mr. Costello pressed Mr. Trump to cover not only Mr. Giuliani’s legal bills, but also to pay him for the work Mr. Giuliani provided Mr. Trump in the wake of the 2020 election.Mr. Trump resisted, noting that Mr. Giuliani did not win any of those cases. Mr. Costello, who did most of the talking for Mr. Giuliani, said that the money was not coming out of Mr. Trump’s own pocket, but rather the coffers of his PAC. By the end of the dinner, Mr. Trump agreed that Mr. Giuliani would be paid, one person said. But in the weeks that followed, neither he nor the PAC delivered. And Mr. Giuliani was growing more and more desperate.A federal judge was exasperated with Mr. Giuliani for failing to search for records as part of a defamation lawsuit that two Georgia election workers filed against him because he falsely accused them of stealing ballots. Mr. Giuliani said that he could not afford to pay for a vendor to do so.Mr. Costello pleaded with Mr. Trump’s aides to pay off Mr. Giuliani’s balance with the vendor, and the PAC made a $340,000 payment to that firm.Since then, however, the PAC has not covered any other bills for Mr. Giuliani.It has been a remarkable reversal of fortune for Mr. Giuliani, who was once worth tens of millions of dollars made partly on contracts he signed after leaving City Hall in New York, having become known as “America’s mayor” for his performance in the aftermath of the Sept. 11, 2001, attacks.A divorce from his third wife, Judith Nathan, cost him much of his wealth around the time he left his law firm to represent Mr. Trump, then the president, in the investigation brought by the special counsel Robert S. Mueller III over whether the Trump campaign conspired with Russian officials in the 2016 election.From there, Mr. Giuliani engaged in campaign efforts to find damaging information about Joseph R. Biden Jr. in Ukraine, where Mr. Biden’s son had business dealings, efforts that helped lead to Mr. Trump’s first impeachment.As part of an investigation into Mr. Giuliani’s work in Ukraine, the F.B.I. searched his apartment on Manhattan’s Upper East Side in May 2021. That apartment is now on sale for $6.5 million. More

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      Trump Criminal Case Likely to Remain in N.Y. State Court, Judge Says

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      The judge, Alvin K. Hellerstein, said he was not inclined to move the Manhattan district attorney’s case against the former president to federal court.A judge on Tuesday indicated that he was likely to deny a request from lawyers for Donald J. Trump to move a New York State criminal case against the former president to federal court.The federal judge, Alvin K. Hellerstein, said that he would issue a written ruling within two weeks, but was inclined not to transfer the case brought by the Manhattan district attorney’s office which stems from a hush-money payment before the 2016 presidential election.“There is no reason to believe that an equal measure of justice couldn’t be rendered by the state court,” Judge Hellerstein said, after calling a central argument made by one of Mr. Trump’s lawyers “far-fetched.”After the district attorney, Alvin L. Bragg, unveiled the 34 felony charges against Mr. Trump in March, lawyers for the former president argued that the proper venue was federal court, in part because the conduct had occurred while Mr. Trump was in office.The payment to a porn star, Stormy Daniels, was made on Mr. Trump’s behalf by his former fixer, Michael D. Cohen, to buy her silence about a tryst she said she had with Mr. Trump. Once Mr. Trump was elected, he reimbursed Mr. Cohen. Mr. Bragg’s prosecutors have accused Mr. Trump of falsifying business records to disguise the purpose of the reimbursements.Mr. Trump’s lawyers would have had to convince Judge Hellerstein, who sits in Manhattan, that the accusations were related in some way to Mr. Trump’s official duties as president.Todd Blanche, a lawyer for Mr. Trump, argued that any work that Mr. Cohen did would have been related to Mr. Trump’s presidency: He said that Mr. Trump hired Mr. Cohen — who had been his longtime fixer — as a personal lawyer to ensure that he was fulfilling his constitutional duties.Matthew Colangelo, a prosecutor for the district attorney’s office, argued that Mr. Cohen’s hiring demonstrated the opposite. “These are personal payments to a personal lawyer handling his personal affairs.”Judge Hellerstein appeared to agree, saying that it was “very clear” that the act for which Mr. Trump had been indicted did not relate to the presidency. At one point, in a phrase that echoed Mr. Colangelo, the judge said of Mr. Cohen that “he was hired as a private matter to take care of private matters.”The judge said that his closing remarks from the bench were not binding, but that they would “presage” his ruling. If he rules as he suggested he would, the case would proceed as expected in state court, where a trial has been scheduled for March 25.A preview of how that trial might play out came during the hearing when Mr. Blanche unexpectedly called a witness to testify about Mr. Cohen’s role when he worked as a personal lawyer to Mr. Trump. He was trying to show how that role related to the official duties of the presidency.The witness, Alan Garten, the chief legal officer of the Trump Organization, was then cross-examined by Susan Hoffinger, the head of investigations at the district attorney’s office.Ms. Hoffinger tried to show that the arrangement with Mr. Cohen — without a retainer and with payments whose purpose was recorded without any description of the work involved in Mr. Trump’s ledger — was atypical. Mr. Garten acknowledged that it was irregular, but said that such arrangements did happen “from time to time.” More

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      Trump’s Day of Martyrdom Didn’t Go Quite as He Expected

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      Court officials didn’t take a mug shot of former President Donald J. Trump at his arraignment on Tuesday. But it’s not because he didn’t want one. The authorities didn’t really need an ID photo of one of the most recognizable faces on earth.Mr. Trump wanted that mug shot, CNN reported, and when he didn’t get it, his presidential campaign put a fake one on a fund-raising T-shirt. He wanted it for the same reason he brought his private videographer from Florida to the courthouse: to contrive physical relics of his martyrdom at the hands of his leftist oppressors, proof of the vast conspiracy that he can wave at rallies and blare on his social media platform.But a few things happened on Tuesday that Mr. Trump didn’t count on. The images — and the details of the case itself — sent a far more serious message than he expected.Instead of a defiant N.Y.P.D. photo or a raised fist, the lasting image of the day may well be that of a humbled former president looking hunched, angry and nervous at the courtroom defense table, a suddenly small man wedged between his lawyers, as two New York State court officers loomed behind him in a required posture of making sure the defendant stayed in his place.And the 34 felony charges, to which Mr. Trump pleaded not guilty, turned out to be more significant and more sweeping than previously suspected. The Manhattan district attorney, Alvin Bragg, described a broad conspiracy, with Mr. Trump at the center, to falsify business records for the purpose of unlawfully influencing the 2016 presidential election. The former president, he said, “orchestrated a scheme with others to influence the 2016 presidential election by identifying and purchasing negative information about him to suppress its publication and benefit the defendant’s electoral prospects.”It’s been known for a while that the case revolved around hush-money payments that Mr. Trump made to a porn star, Stormy Daniels, to cover up an affair they had. Falsifying business records can sometimes be charged as a misdemeanor in New York State, and to bump up the charges to felonies requires proof that they were falsified to conceal another crime. That crime was widely believed to be a federal campaign finance violation, and some legal experts described that combination as an untested legal theory, because federal violations are outside Mr. Bragg’s jurisdiction.But it turned out that Mr. Bragg and the grand jury had more than one basis for making the charges felonies. The prosecutor argued on Tuesday that in addition to the federal campaign finance violations, Mr. Trump violated a state election law that makes it a crime to prevent any person from being elected to public office by unlawful means while acting in a conspiracy with others. Mr. Bragg is on much safer ground tying fraudulent business records to a violation of state law, because the defense cannot argue that he lacks jurisdiction on the matter — though Mr. Trump’s lawyers can still argue that state law doesn’t apply to a federal election.And that wasn’t the only state law that Mr. Bragg said he would cite. The payments to Ms. Daniels were made by Mr. Trump’s lawyer Michael Cohen, who was reimbursed by Mr. Trump in a fraudulent way, the prosecution said. The charging document said this reimbursement was illegally disguised as income in a way that “mischaracterized, for tax purposes, the true nature of the payments made in furtherance of the scheme.” So add state tax violations to the list.The charges also revealed the breadth of Mr. Bragg’s case, showing he intends to persuade a jury of a conspiracy that extended from Mr. Trump and Mr. Cohen to David Pecker, a former publisher of The National Enquirer, who was allegedly paid $150,000 by Mr. Trump to procure the silence of a second woman with whom Mr. Trump had an affair, the former Playboy model Karen McDougal. It was not certain until Tuesday that the relationship with Ms. McDougal would be part of the case. The felony charges are specifically about Ms. Daniels, but to prove them, Mr. Bragg made it clear that he would describe a much broader pattern of payoffs that included Ms. McDougal.Prosecutors also revealed that they would rely on more than just the oral testimony of their star witness, Mr. Cohen, who already served a year in federal prison for his role in the payments and whose credibility will be challenged. There will, for example, be an audio recording of Mr. Trump and Mr. Cohen discussing how exactly the payment to Ms. McDougal should be made to The National Enquirer’s parent company. And the evidence will also include texts and email messages discussing Mr. Trump’s suggestion to delay paying Ms. Daniels until after the election, “because at that point it would not matter if the story became public,” prosecutors said. (Those texts may effectively short-circuit any attempt by Mr. Trump to claim the payments were made solely to prevent his wife from learning about his affairs.)Mr. Bragg will have to prove all these charges in court, of course, assuming the case goes to trial, and the charging documents did not reveal more than the surface of the evidence he plans to use. It’s still not a slam-dunk case. But these crimes are hardly novel ones for the Manhattan district attorney’s office, which is used to prosecuting business record cases, and are far from the one-off political persecution that Republicans are claiming it to be.Inevitably, the images of the day and the details of the charges will have a cumulative and wearying effect on many voters. Mr. Trump thinks only of his core supporters, who will share his rage at his ordeal on Tuesday and demand revenge. But there aren’t enough base Trump voters to guarantee him even the Republican nomination, let alone the general election in 2024. Will the images of Mr. Trump at a defendant’s table, not to mention the headlines about 34 counts of paying hush money to a porn star, win a substantial number of swing voters to his side?It’s hard to imagine all of this will really do him any good, particularly if there are charges down the road from other prosecutors alleging abuse of his presidential office. Mr. Trump may sell a few fake T-shirts, but with the law closing in on him, he will have a much harder time selling himself.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

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      The Trump Indictment, Annotated: Analyzing the 34 Charges

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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

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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

      by

      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