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      Could Trump Pardon Himself if Re-Elected?

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      If Donald J. Trump were to be elected president in November, he would, after his inauguration, have the ability to grant pardons for federal convictions. But that power does not apply to state convictions, so Mr. Trump could not give himself clemency for the 34 felonies now on his record in New York State.Presidential pardon power is derived from Article II, Section 2 of the United States Constitution, which says the commander in chief “shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.”But those convicted in cases brought by states are not considered to have committed crimes against the nation. If Mr. Trump wanted to receive a pardon on his state felony charges, he would have to pursue one like any other convicted criminal in New York State: by asking the governor.The current governor of New York, Kathy Hochul, a Democrat, would be unlikely to pardon Mr. Trump. After his conviction on Thursday, Ms. Hochul said: “Today’s verdict reaffirms that no one is above the law.”The 34 counts on which Mr. Trump was convicted were all Class E felonies, the least serious felony in New York State. He could be sentenced up to four years in prison, or probation. The judge in the case, Juan M. Merchan, has scheduled a sentencing hearing for July 11. More

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      Takeaways From Trump’s Conviction in Hush-Money Trial

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      It was an end like no other for a trial like no other: a former American president found guilty of 34 felonies.The conviction of Donald Trump, read aloud shortly after 5 p.m. by the jury foreman as the former president sat just feet away, ended months of legal maneuvering, weeks of testimony, days of deliberation and several nervous minutes after the jury entered the Manhattan courtroom.The former president and the presumptive Republican nominee was convicted of 34 counts of falsifying business records related to a scheme to cover up an extramarital tryst with a porn star, Stormy Daniels, in 2006. That encounter — which the former president denied — led to a $130,000 hush-money payment whose concealment gave rise to the 34 counts of falsifying business records that made Mr. Trump a felon.Mr. Trump’s sentencing is scheduled for July 11; he has indicated he will appeal.Here are five takeaways from the last day of Mr. Trump’s momentous trial.A grueling trial ended suddenly.Thursday, the second day of deliberations, seemed to be moving toward a quiet conclusion. Then, suddenly the word came from the judge, Juan M. Merchan: There was a verdict.Less than an hour later, the headlines reading “guilty” began to be written.The decision came just hours after the jury had asked to hear testimony involving the first witness — David Pecker, the former publisher of The National Enquirer — including his account of the now infamous 2015 meeting at Trump Tower where he agreed to publish positive stories and bury negative stories about Mr. Trump’s nascent candidacy.The Trump Manhattan Criminal Verdict, Count By CountFormer President Donald J. Trump faced 34 felony charges of falsifying business records, related to the reimbursement of hush money paid to the porn star Stormy Daniels in order to cover up a sex scandal around the 2016 presidential election.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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      His License Suspended, a Man Appears in Court From Behind the Wheel

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      A defendant charged with driving with a suspended license appeared via Zoom while driving. “I don’t know why he would do that,” a perplexed judge said.If one is facing a charge of driving with a suspended license, there are better ways to make one’s case than from behind the wheel of a moving vehicle.That self-evident reality was momentarily lost on a Michigan man who did just that earlier this month when he appeared via Zoom for a pre-trial hearing in Washtenaw County District Court, leaving a judge perplexed.“I’m pulling into my doctor’s office actually, so just give me one second I’m parking right now,” the man, Corey Harris, 44, told Judge J. Cedric Simpson as he asked for a moment before beginning the proceeding.The video feed from the May 15 hearing showed Mr. Harris in the driver’s seat of a vehicle, donning glasses and wearing a seatbelt as he turned the wheel, intently scanning his surroundings for a place to park.The judge appeared to be stunned — not by Mr. Harris’s casual tardiness, but rather by the irony of his actions given the charge Mr. Harris was facing.“You stationary?” Judge Simpson asked Mr. Harris, who had been charged in October.“I’m pulling in right at this second,” Mr. Harris said. “Yes I am,” he finally said, triumphantly.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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      This Is What Worries Me About the Trump Trial

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      I can’t remember when I’ve been more disturbed by a criminal trial than I have been by the Manhattan trial of Donald Trump. The prosecutors are painting a vivid picture of Trump as a vile and dishonest person, and the daily pilgrimages of Republican politicians to the Manhattan courthouse, in spite of horrific testimony against Trump, demonstrates that the party has a broken soul.At the same time, the underlying legal theory supporting the prosecution’s case remains dubious. The facts may be clear, but the law is anything but — and that could very well mean that the jury convicts Trump before the election, an appeals court reverses the conviction after the election, and millions of Americans, many of them non-MAGA, face yet another crisis of confidence in American institutions.Let’s first discuss the dreadful facts. Stormy Daniels’s testimony crystallized, better than that of any other witness, the prosecution’s theory that Trump ordered Michael Cohen to pay off Daniels to save his campaign and then fraudulently disguised the reimbursements. It helped answer a key question: Why would a known playboy, a person who has boasted of his affairs with his friends’ wives, suddenly be so keen to suppress details of his encounter with a porn star?Consider the timeline. On Oct. 7, 2016, the “Access Hollywood” story broke. The Washington Post released the infamous recording in which Trump told Billy Bush, one of the show’s hosts, “When you’re a star, they let you do it. You can do anything.” Trump went on, saying he could grab women by the genitals. “You can do anything.”The next day, a representative for Daniels told The National Enquirer that Daniels was willing to talk on the record about her encounter with Trump. We now know from Daniels’s sworn testimony that her story was going to essentially affirm the “Access Hollywood” tape. Trump used his star power to draw in Daniels and then exploited her.At trial, she did not testify to a frivolous or joyful encounter with Trump; she testified to something far more distressing. He invited her to his hotel room, and after she went to the bathroom, she walked out to find Trump on the bed in just his boxers and a T-shirt. She did not claim he forced himself on her, but she said she left “shaking” and testified that she was ashamed.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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      Ethics Panel Cautions Juan Merchan, Judge in Trump Trial, Over Political Donations

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      Justice Juan M. Merchan, the judge overseeing Donald J. Trump’s criminal trial in Manhattan, donated modest amounts to Democratic groups in 2020.A state ethics panel quietly dismissed a complaint last summer against the New York judge presiding over the criminal trial of Donald J. Trump, issuing a warning over small donations the judge had made to groups supporting Democrats, including the campaign of Joseph R. Biden Jr.The judge, Juan M. Merchan, donated a total of $35 to the groups in 2020, including a $15 donation earmarked for the Biden campaign, and $10 to a group called “Stop Republicans.”Political contributions of any kind are prohibited under state judicial ethics rules.“Justice Merchan said the complaint, from more than a year ago, was dismissed in July with a caution,” the spokesman for the court system, Al Baker, said in a statement.A caution does not include any penalty, but it can be considered in any future cases reviewed by the state’s Commission on Judicial Conduct. A letter outlining the caution was not released because of the commission’s rules, and Justice Merchan did not make the letter available.“The Commission on Judicial Conduct is governed by a confidentiality statute and cannot comment on nonpublic dispositions,” said Robert Tembeckjian, the commission’s administrator.The commission’s decision was first reported by Reuters.In its 2024 annual report, the commission said it was made aware of dozens of New York judges who had violated the rules against political contributions in recent years. Most were modest amounts, the report said, and many appeared to stem from the misperception that the rules only apply to state campaigns. In fact, judges are prohibited from contributing to any campaigns, including for federal office.“Like so much of the misconduct the Commission encounters, making a prohibited political contribution is a self-inflicted mistake,” the commission wrote in the report.For Justice Merchan, the stakes of such a mistake are considerably higher than most: He is the first judge in American history to preside over the criminal trial of a former president.The donations in part fueled Mr. Trump’s efforts to have Justice Merchan removed from the case before the trial began. Mr. Trump’s lawyers also focused on Justice Merchan’s adult daughter and her work at a Democratic consulting firm.But Justice Merchan declined to recuse himself, appeals court judges declined to step in, and the trial is now nearing its conclusion.The case centers on a hush-money payment to a porn star, Stormy Daniels, in the last days of the 2016 presidential campaign. Ms. Daniels says she had a sexual encounter with Mr. Trump, but a $130,000 payment from Mr. Trump’s fixer bought her silence. Mr. Trump is accused of falsifying business records to cover up his reimbursement of the fixer, Michael D. Cohen, casting them as routine legal expenses.Mr. Trump has denied the accusations against him — and has lashed out at Justice Merchan and the Manhattan district attorney, Alvin L. Bragg, who brought the case, noting that both are Democrats. More

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      Transcript of Trump Manhattan Trial, May 16, 2024

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      M. Cohen
      –
      Cross/Blanche
      3839
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      And you had been hearing on television that they were
      dangling pardons. So, you directed your lawyer, hey, find out
      if I can get a pardon. I want this nightmare to end, right?
      A Not if I can get a pardon. If the President was going
      to be doing these pre-pardons.
      But you
      —
      you testified that you were 100 percent
      open to accepting it, anything to end this, right?
      8
      A
      Yes, sir.
      9
      And so
      —
      and you did that with a couple of your
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      A
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      A
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      lawyers, Mr. Ryan and Mr. Costello, correct?
      Mr. Costello was never my lawyer.
      Well, you asked Mr. Costello, putting aside whether he
      was your lawyer, you asked Mr. Costello to reach out to people
      in the administration, including Mr. Giuliani, about the
      possibility of a pardon?
      A We spoke about it.
      And as part of your conversation with him, you asked
      him to reach out to Mr. Giuliani and explore it, correct?
      Yes, sir.
      And so, when you testified under oath less than one
      year later, February, on February 27th, 2019, that you never
      asked for, nor would you ever accept a pardon, that was a lie,
      wasn’t it?
      24
      A
      At the time it was accurate.
      25
      Well, the very next day so, again, February 27th,
      Susan Pearce-Bates, RPR, CCR, RSA
      Principal Court Reporter More

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      Transcript of Trump Manhattan Trial, May 13, 2024

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      M. Cohen Direct/Hoffinger
      3277
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      was there at The Trump Organization about executives coming in
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      to meet with Mr. Trump?
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      A
      Mr.
      Trump had an open-door policy, which, if there was
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      somebody in there, you waited; and if not, you knocked on the
      door, and I would say, “Boss, do you have a second?”, and I
      would walk right in.
      7
      Q
      And others did the same, to your knowledge?
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      A
      9
      To my knowledge, yes.
      Now, when you met with Mr. Trump at The Trump
      Organization, in his office, did you, generally, need
      10
      —
      I’m
      11
      sorry.
      12
      Did you, generally, record those meetings in your calendar?
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      A
      No, ma’am.
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      As part of your work at The Trump Organization, did
      you feel that it was part of your job to keep him updated on
      matters that you were handling for him?
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      A
      Yes.
      It was actually required.
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      A
      Tell us what you mean by that.
      When he would task you with something, he would then
      say, “Keep me informed. Let me know what’s going on.”
      And what he was saying, what everybody did is, as soon as
      you had a result, an answer, you would go straight back and
      tell him. Especially if it was a matter that was troubling to
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      him.
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      So, two things, just to break that down.
      Laurie Eisenberg, CSR, RPR
      Senior Court Reporter More

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      Transcript of Trump Manhattan Trial, May 10, 2024

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      1
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      J. Jarmel-Schneider
      –
      Direct/Conroy
      3217
      And if we could just continue going down January and
      February, those two columns, we talked about the one invoice,
      two vouchers; and is there only one check?
      3
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      A
      Yes.
      5
      with?
      How many invoices were there, in total, on this chart?
      Eleven.
      And can you just read which counts they’re associated
      Counts 1, 5, 8, 11, 14, 17, 20, 23, 26, 29 and 32.
      After January and February, is there one invoice for
      each month for the rest of the year?
      Going down to vouchers, same question. Could you just
      read the count number for each of the vouchers?
      ७
      A
      7
      8
      9
      A
      10
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      Yes.
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      Sure.
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      A
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      Sure.
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      A
      Yes.
      Counts 2, 3, 6, 9, 12, 15, 18, 21, 24, 27, 30 and 33.
      And is there one voucher for every month in 2017?
      Yes.
      And, finally, in checks, could you read the count
      number for each check?
      It’s counts 4, 7, 10, 13, 16, 19, 22, 25, 28, 31 and 34.
      And after January and February, is there one check for
      each of the remaining months in 2017?
      Laurie Eisenberg, CSR, RPR
      Senior Court Reporter More