District Attorneys

Subterms

    More stories

    • 63 Shares169 Views

      in Elections

      Donald Trump enfrenta cargos penales

      by

      Trump será el primer expresidente estadounidense en enfrentar cargos criminales. El caso, cuyos detalles se desconocen, está centrado en un pago realizado a una actriz pornográfica a cambio de su silencio.Donald Trump fue imputado en Manhattan este jueves por su rol en el pago de un soborno a cambio de silencio a una actriz pornográfica, según cinco personas con conocimiento del asunto. Esta es una decisión histórica que moverá los cimientos de la contienda presidencial de 2024 y que por siempre marcará a Trump como el primer expresidente de la nación en enfrentar cargos criminales.El jueves por la noche, después de que se difundiera la noticia de los cargos, la oficina del fiscal de distrito confirmó que Trump había sido acusado y que los fiscales se habían puesto en contacto con el abogado de Trump para coordinar su entrega. Dos personas con conocimiento del caso dijeron que se esperaba que Trump se entregara y enfrentara la lectura de cargos a principios de la próxima semana, momento en el que se revelarán los cargos específicos.Por décadas, Trump ha logrado evadir las acusaciones penales a pesar de un constante escrutinio y repetidas investigaciones, lo que creó cierta aura de invencibilidad legal que esta acusación formal ahora amenaza con romper.Sus acciones vinculadas a su derrota electoral de 2020 son el enfoque de otra investigación federal, y una fiscal de Georgia está en las etapas finales de una investigación a los intentos de Trump por revertir el resultado de las elecciones en ese estado.Pero a diferencia de las investigaciones que surgieron durante su periodo en la Casa Blanca, este caso se basa en un sórdido episodio que precede a la presidencia de Trump. La estrella de telerrealidad convertido en candidato presidencial, que conmocionó a la clase política al ganar la Casa Blanca, enfrenta las consecuencias del pago de un soborno monetario a cambio de silencio para acallar un escándalo sexual en los últimos días de su campaña presidencial de 2016.Este jueves, los tres fiscales principales en la investigación a Trump entraron al recinto donde estaba el gran jurado, en los minutos previos a la reunión programada del panel, a las 02:00 p. m. Uno llevaba una copia del derecho penal —con visibles notas adhesivas Post-it— la cual probablemente fue usada para leerles los estatutos penales al gran jurado antes de su votación. Aproximadamente tres horas después, los fiscales entraron a la secretaría del tribunal por una puerta trasera, para comenzar el proceso de la presentación de la acusación formal.Durante semanas, la atmósfera alrededor de la fiscalía parecía la de un circo. Pero el fervor se había calmado en los últimos días, y este jueves, las inmediaciones del recinto estuvieron más vacías.Trump ha negado una y otra vez haber cometido algún delito y ha atacado a Bragg, demócrata, al cual ha acusado de liderar una persecución con fines políticos. También ha negado haber tenido un amorío con la actriz pornográfica, Stormy Daniels, quien había estado tratando de vender su historia de una cita con Trump durante la campaña presidencial.Estos son otros datos que necesitas saber:Trump siempre se ha referido a la investigación como una conspiración mayor promovida por sus oponentes políticos. Aunque insultó a Bragg, optó por culpar a su sucesor en el Despacho Oval. “Creo que esta caza de brujas será contraproducente para Joe Biden”, dijo.El testigo principal de la fiscalía es Michael D. Cohen, antiguo colaborador de Trump que pagó los 130.000 dólares para que Daniels guardara silencio. Cohen ha declarado que Trump le dio la orden de sobornar a Daniels, y que Trump y su empresa familiar, la Organización Trump, ayudaron a ocultar toda la situación. Los registros internos de la compañía identificaron de manera falsa los reembolsos como gastos legales, lo que ayudó a ocultar el verdadero propósito de los pagos.Aunque todavía no se conocen los cargos específicos, los abogados de Bragg se han centrado en ese soborno y en los falsos registros creados por la compañía de Trump. No hay garantías de que se produzca un fallo condenatorio: el intento de combinar un cargo relacionado con los registros falsos con una violación de las leyes electorales en relación con el pago a Daniels estaría basado en una teoría legal que no ha sido evaluada por ningún juez, lo que incrementa la posibilidad de que un tribunal pueda desestimar o limitar los cargos.La acusación formal, producto de una investigación de casi cinco años, inaugura una fase nueva y volátil en la vida de Trump después de la presidencia, en un momento en el que intenta por tercera vez ocupar la Casa Blanca. Además, podría hacer que la contienda por la candidatura republicana —la cual lidera en la mayoría de las encuestas— incursione en un territorio desconocido.Bragg es el primer fiscal que acusa formalmente a Trump. Es probable que se convierta en una figura nacional, y tendrá que lidiar con una agresiva atención política.Maggie Haberman More

    • 113 Shares139 Views

      in Elections

      House Republicans Target Bragg Ahead of Expected Trump Indictment

      by

      Three Republican committee chairmen sought to use their investigative power to involve themselves in the Manhattan district attorney’s criminal inquiry into the former president.ORLANDO, Fla. — House Republicans rallied around former President Donald J. Trump on Monday ahead of his expected indictment by a Manhattan grand jury, using their investigative power to scrutinize active criminal inquiries targeting him as at least one other G.O.P. lawmaker endorsed his 2024 presidential campaign.Three Republican committee chairmen demanded on Monday morning that Alvin Bragg, the Manhattan district attorney who is said to be close to indicting Mr. Trump, provide communications, documents and testimony about his investigation, an extraordinary move by Congress to involve itself in an active criminal inquiry.“You are reportedly about to engage in an unprecedented abuse of prosecutorial authority.” wrote Representatives Jim Jordan of Ohio of the Judiciary Committee, James R. Comer of Kentucky of the Oversight and Accountability Committee and Bryan Steil of Wisconsin of the Administration Committee. “If these reports are accurate, your actions will erode the confidence in the evenhanded application of justice and unalterably interfere in the course of the 2024 presidential election.”They demanded “all documents and communications referring or relating to the New York County District Attorney Office’s receipt and use of federal funds.”That office receives very little funding from the federal government, according to its most recent budget, but the letter also served as a warning to the F.B.I. and the Justice Department, which is also considering prosecutions of Mr. Trump.The letter was House Republicans’ latest effort to use their investigatory powers to defend Mr. Trump. They have authorized a new subcommittee to scrutinize criminal investigations into Mr. Trump’s conduct and quietly wound down a congressional inquiry into his finances and conflicts of interest as president.The Justice Department has so far resisted what federal prosecutors view as unnecessary intrusions into their work, citing longstanding department policy. Mr. Bragg was anticipated to be unlikely to allow Republicans access to materials related to an active case.“We will not be intimidated by attempts to undermine the justice process,” Danielle Filson, a spokeswoman for Mr. Bragg’s office, said on Monday, adding: “In every prosecution, we follow the law without fear or favor to uncover the truth. Our skilled, honest and dedicated lawyers remain hard at work.”Still, Mr. Trump’s lawyers have quietly urged the Republican-led House to interfere. Last month, Mr. Trump’s lawyer Joseph Tacopina wrote to Mr. Jordan calling on Congress to investigate the “egregious abuse of power” by what he called a “rogue local district attorney,” according to a copy of the letter obtained by The New York Times.But Representative Jamie Raskin of Maryland, the top Democrat on the Oversight and Accountability Committee, said it was Republicans who were abusing their power. “These committee chairs have acted totally outside their proper powers to try to influence a pending criminal investigation at the state level,” he said in a statement.The news of the Republicans’ letter came as House G.O.P. lawmakers, who have gathered for a retreat in Orlando to plot out their policy agenda, were facing fresh political calculations about how to position themselves as Mr. Trump confronts new challenges and a potentially divisive presidential primary looms.Representative Anna Paulina Luna of Florida, who has been loyal to both Mr. Trump and Gov. Ron DeSantis of Florida, announced her official endorsement of Mr. Trump’s presidential campaign on Monday, indicating that the expected indictment had pushed her to unequivocally choose sides.“I support President Trump,” Ms. Luna said in a statement to The New York Times. In explaining her support, she said that Mr. Bragg was “trying to cook up charges outside of the statute of limitation against Trump” and that “this is unheard-of, and Americans should see it for what it is: an abuse of power and fascist overreach of the justice 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.Ms. Luna indicated to Politico last week that she would lean toward Mr. Trump in a presidential matchup against Mr. DeSantis. But her full-throated endorsement underscored the forces pulling at Republicans as Mr. Trump riles up his base to support him in what he is framing as a politically motivated indictment.Mr. Trump, until now, has been more ignored than embraced by House Republicans who have preferred not to choose sides in the still-developing 2024 presidential primary.Ms. Luna, 33, was elected in November after being endorsed by both Mr. Trump and Mr. DeSantis, who also campaigned with her in the general election and called her a “principled fighter.” In the past, while trying to stay out of the brewing dogfight between the two Republican leaders, she has noted that “it’s not uncommon now to see Trump-DeSantis 2024 flags.”But with Mr. Trump claiming he would be arrested on Tuesday and agitating for people to “protest,” and Republican leaders rushing to defend him, Ms. Luna came off the sidelines.“I’m sick of the press trying to create an enemy out of someone who actually had our country in a good place from an economic and policy perspective,” she said. “Save me the virtue signaling. Trump 2024.”At the retreat here on Monday, Republicans across the board denounced Mr. Bragg and defended Mr. Trump.Representative Mario Díaz-Balart of Florida said on Monday that Mr. Bragg was a “rogue, left-wing, radical prosecutor who now has decided for political reasons to go after a former president.” He said he condoned peaceful protests in response and added of the expected indictment: “We’re used to seeing that in third-world countries. That’s something that doesn’t happen in this country.”Speaker Kevin McCarthy of California also said on Sunday that Mr. Bragg was politically motivated but argued against protests. “It’s interesting to me that he spent his whole time as a D.A. lowering felonies not to prosecute,” Mr. McCarthy said of Mr. Bragg. “Republicans and Democrats alike hate this kind of justice.” (Ms. Filson said homicides and shootings had declined under Mr. Bragg.)In an interview, Representative Elise Stefanik of New York, one of Mr. Trump’s most fervent defenders and the only party leader to endorse him, said the expected indictment “only strengthens President Trump moving forward.” And she did not discourage people from protesting, as he has urged them to do. “I do believe people have a constitutional right of freedom of speech to speak up when they disagree,” she said.Ms. Luna, a member of the House Freedom Caucus, was one of the few freshman lawmakers to join a group of rebels who voted against Mr. McCarthy during his protracted fight to win the gavel in January. She did not attend the retreat in her home state.But in a lengthy statement, Ms. Luna accused President Biden of overseeing a “botched withdrawal from Afghanistan” and pursuing a “soft-on-China approach” and charged that his family corruptly profited from the Chinese government. “And yet people are clutching their pearls and still parroting the ‘orange man bad’ mentality?” she said.Most House Republicans have remained neutral in the 2024 presidential race. Last week, Representative Chip Roy of Texas pre-emptively endorsed Mr. DeSantis, even though he has yet to officially start a presidential campaign. And Representative Ralph Norman, Republican of South Carolina, endorsed Nikki Haley, the state’s former governor.A handful of Trump loyalists, including Ms. Stefanik and Representative Marjorie Taylor Greene of Georgia, have endorsed the former president. But most have seen little benefit to expressing a preference in the race at this early stage.That decision has been that much harder for members of the Florida delegation — until the expected indictment prompted at least one of them to intensify their defense of Mr. Trump.“DeSantis is a great leader for Florida,” Ms. Luna said, “and I will continue to support him as my governor.”Annie Karni More

    • 113 Shares189 Views

      in Elections

      DeSantis Breaks Silence on Trump and Criticizes Manhattan D.A.

      by

      The Florida governor, who had refrained for days from weighing in on the potential indictment of his likely 2024 rival, accused the Manhattan district attorney of political motivations.Gov. Ron DeSantis of Florida on Monday broke his silence about the potential indictment of his state’s most famous resident, former President Donald J. Trump, attacking the Manhattan district attorney pursuing the case but also pointedly noting the personal conduct over which Mr. Trump is being investigated.Mr. DeSantis spoke in response to a reporter’s question at an event in Panama City, Fla., after two days of pressure from Mr. Trump’s team and his influential allies demanding that the governor speak out against an indictment that is likely to be brought by Alvin L. Bragg, the Manhattan district attorney.After a reporter asked for Mr. DeSantis’s thoughts about the potential indictment and whether he might have a role in extraditing Mr. Trump to New York, the governor demurred, saying he did not know what was going to happen.“But I do know this: The Manhattan district attorney is a Soros-funded prosecutor,” he said of Mr. Bragg, referring to indirect financial support the district attorney received in his 2021 campaign from George Soros, the liberal billionaire philanthropist. Those donations have been the subject of attacks from Mr. Trump and other Republicans.“And so he, like other Soros-funded prosecutors, they weaponize their office to impose a political agenda on society at the expense of the rule of law and public safety,” Mr. DeSantis said.Then he twisted the knife regarding the actions over which Mr. Trump is likely to be indicted: hush-money payments made in late 2016 by Michael D. Cohen, then his lawyer and fixer, to a porn star who said she had an affair with Mr. Trump.“I don’t know what goes into paying hush money to a porn star to secure silence over some type of alleged affair,” Mr. DeSantis said to chuckles from the crowd at the event.“I just, I can’t speak to that,” he said. “But what I can speak to is that if you have a prosecutor who is ignoring crimes happening every single day in his jurisdiction, and he chooses to go back many, many years ago, to try to use something about porn star hush-money payments, you know, that’s an example of pursuing a political agenda and weaponizing the office.”He added, “And I think that that’s fundamentally wrong.” He said that the “real victims are ordinary New Yorkers” because of how Mr. Bragg handled his office. He accused the district attorney of “trying to virtue signal for his base.”In a post on his social media site, Truth Social, later in the day, Mr. Trump fired back at Mr. DeSantis in personal terms, mockingly raising questions about the governor’s sexuality. “Ron DeSanctimonious will probably find out about FALSE ACCUSATIONS & FAKE STORIES sometime in the future, as he gets older, wiser, and better known, when he’s unfairly and illegally attacked by a woman, even classmates that are ‘underage’ (or possibly a man!). I’m sure he will want to fight these misfits just like I do!” Mr. Trump wrote..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.It was a second effort after Mr. Trump deleted a shorter version. His longer post appeared to refer to an earlier insinuation by Mr. Trump that Mr. DeSantis — who is married to a woman — was inappropriately involved with students when he was a teacher in his early 20s.Mr. DeSantis made his remarks after facing extensive pressure on social media by some of Mr. Trump’s top advisers and key allies, suggesting that the governor needed to choose a side. Several prominent Republicans had already spoken out in Mr. Trump’s defense, including both some of his rivals and top congressional allies.Mr. DeSantis is Mr. Trump’s closest rival for the Republican presidential nomination in every public poll of the nascent 2024 race. He has not announced a campaign, but is expected to do so in a few months, after focusing on Florida’s legislative session as an opportunity to burnish his conservative credentials.Mr. DeSantis has faced mounting attacks from Mr. Trump and his team, with Mr. Trump sampling different nicknames for his rival and the former president’s advisers seeking to portray Mr. DeSantis as disingenuous. But the Florida governor has had a strict policy of declining to engage.Even as he commented on Mr. Trump’s legal situation, Mr. DeSantis painted himself as above the fray.“We’ve got so many things pending in front of the Legislature,” Mr. DeSantis told reporters. “I’ve got to spend my time on issues that actually matter to people. I can’t spend my time worrying about things” like Mr. Trump’s situation.That Mr. DeSantis seemed to minimize Mr. Trump’s situation — he is potentially the first U.S. president, current or former, to be indicted — stood out to Mr. Trump’s camp.“So DeSantis thinks that Dems weaponizing the law to indict President Trump is a ‘manufactured circus; & isn’t a ‘real issue,’” Mr. Trump’s son Donald Trump Jr. wrote on Twitter. “Pure weakness. Now we know why he was silent all weekend. He’s totally owned by Karl Rove, Paul Ryan & his billionaire donors. 100% Controlled Opposition.”It remains to be seen how much outrage the elder Mr. Trump will summon among his core voters, who have repeatedly backed him through times of political peril. Some Republicans — who declined to speak on the record — said privately that Mr. Trump might be testing the resolve of those who have defended him through past controversies.On Twitter, however, his most ardent defenders have been depicting the situation as a clear line in the sand. More

    • 125 Shares139 Views

      in Elections

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

      by

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

    • 138 Shares99 Views

      in Elections

      Michael Cohen Testifies in Grand Jury as Trump Indictment Appears Near

      by

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

    • 125 Shares99 Views

      in Elections

      What We Know About the Potential Indictment of Donald Trump

      by

      A case against the former president — who is also a current presidential candidate — poses challenges for prosecutors. Here’s why.The revelation that the Manhattan district attorney’s office has indicated to Donald J. Trump’s lawyers that he could soon face criminal charges marked a major development in an inquiry that has loomed over the former president for nearly five years.It also raised a number of questions about the contours of the potential case against Mr. Trump, who could become the first former American president to be indicted.Alvin L. Bragg, the district attorney, is focused on Mr. Trump’s involvement in the payment of hush money to a porn star who said she had an affair with him. Michael D. Cohen, Mr. Trump’s fixer at the time, made the payment during the final days of the 2016 presidential campaign.While the facts are dramatic, the case against Mr. Trump would likely hinge on a complex interplay of laws. And a conviction is far from assured.Here’s what we know, and don’t know, about the longest running investigation into Mr. Trump:How did this all begin?Stormy Daniels during an event at a Washington, D.C. bookstore in December 2018.T.J. Kirkpatrick for The New York TimesIn October 2016, during the final weeks of the presidential campaign, the porn star Stormy Daniels was trying to sell her story of an affair with Mr. Trump.At first, Ms. Daniels’s representatives contacted the National Enquirer to offer exclusive rights to her story. David Pecker, the tabloid’s publisher and a longtime ally of Mr. Trump, had agreed to look out for potentially damaging stories about him during the 2016 campaign, and at one point even agreed to buy the story of another woman’s affair with Mr. Trump and never publish it, a practice known as “catch and kill.”But Mr. Pecker didn’t purchase Ms. Daniels’s story. Instead, he and the tabloid’s top editor, Dylan Howard, helped broker a separate deal between Mr. Cohen and Ms. Daniels’s lawyer.Mr. Cohen paid $130,000, and Mr. Trump later reimbursed him from the White House.In 2018, Mr. Cohen pleaded guilty to a number of charges, including federal campaign finance crimes involving the hush money. The payment, federal prosecutors concluded, amounted to an improper donation to Mr. Trump’s campaign.In the days after Mr. Cohen’s guilty plea, the district attorney’s office opened its own criminal investigation into the matter. While the federal prosecutors were focused on Mr. Cohen, the district attorney’s inquiry would center on Mr. Trump.So what did Mr. Trump possibly do wrong?Michael Cohen visited the Manhattan district attorney’s office for an interview on Tuesday.Jefferson Siegel for The New York TimesWhen pleading guilty in federal court, Mr. Cohen pointed the finger at his boss. It was Mr. Trump, he said, who directed him to pay off Ms. Daniels, a contention that prosecutors later corroborated.The prosecutors also raised questions about Mr. Trump’s monthly reimbursement checks to Mr. Cohen. They said in court papers that Mr. Trump’s company “falsely accounted” for the monthly payments as legal expenses and that company records cited a retainer agreement with Mr. Cohen. Although Mr. Cohen was a lawyer, and became Mr. Trump’s personal attorney after he took office, there was no such retainer agreement and the reimbursement was unrelated to any legal services Mr. Cohen performed.Mr. Cohen has said that Mr. Trump knew about the phony retainer agreement, an accusation that could form the basis of the case against the former president.In New York, falsifying business records can amount to a crime, albeit a misdemeanor. To elevate the crime to a felony charge, Mr. Bragg’s prosecutors must show that Mr. Trump’s “intent to defraud” included an intent to commit or conceal a second crime.In this case, that second crime could be a violation of New York State election law. While hush money is not inherently illegal, the prosecutors could argue that the $130,000 payout effectively became an improper donation to Mr. Trump’s campaign, under the theory that it benefited his candidacy because it silenced Ms. Daniels.Will it be a tough case to prove?Even if Mr. Trump is indicted, convicting him or sending him to prison will be challenging. For one thing, Mr. Trump’s lawyers are sure to attack Mr. Cohen’s credibility by citing his criminal record.The case against the former president also likely hinges on an untested and therefore risky legal theory involving a complex interplay of laws.Combining the falsifying business records charge with a violation of state election law would be a novel legal theory for any criminal case, let alone one against the former president, raising the possibility that a judge or appellate court could throw it out or reduce the felony charge to a misdemeanor.And even if the felony charge remains, it amounts to a low-level felony. If Mr. Trump were ultimately convicted, he would face a maximum sentence of four years, though prison time would not be mandatory.How did prosecutors convey that charges are likely?Prosecutors in the district attorney’s office recently signaled to Mr. Trump’s lawyers that he could face criminal charges.They did this by offering Mr. Trump the chance to testify next week before the grand jury that has been hearing evidence in the potential case, people with knowledge of the matter said. Such offers almost always indicate an indictment is close; it would be unusual for prosecutors to notify a potential defendant without ultimately seeking charges against him.In New York, potential defendants have the right to answer questions in the grand jury before they are indicted, but they rarely testify, and Mr. Trump is likely to decline the offer.Will Mr. Trump definitely be indicted?It is still possible that Mr. Trump will not face charges. Mr. Trump’s lawyers could meet privately with the prosecutors in hopes of fending off criminal charges.And although Mr. Bragg’s prosecutors have already questioned at least six other people before the grand jury, they have not completed their presentation of evidence. Mr. Cohen, for example, has yet to appear before the panel.The prosecutors will then need to present the charges to the grand jurors, who will vote on an indictment.Until then, Mr. Bragg could decide to pump the brakes. As of now, however, that seems unlikely.What has Mr. Trump said in his defense?Mr. Trump has referred to the investigation as a “witch hunt” against him that began before he became president, and has called Mr. Bragg, who is Black and a Democrat, a “racist” who is motivated by politics.In a statement released Thursday night on Mr. Trump’s social network, Truth Social, he reiterated those claims, and denied he had ever had an affair with Ms. Daniels. He noted that prosecutors from various offices — including Mr. Bragg’s predecessor — had investigated the matter and had never before charged him with a crime.He wrote that the potential indictment was an attempt to thwart his presidential campaign.“They cannot win at the voter booth, so they have to go to a tool that has never been used in such a way in our country, weaponized law enforcement,” Mr. Trump wrote. Former Justice Department officials have accused Mr. Trump of ordering them to act in ways that aided him politically when he was in office. More

    • 100 Shares119 Views

      in Elections

      Prosecutors Signal Criminal Charges for Trump Are Likely

      by

      The former president was told that he could appear before a Manhattan grand jury next week if he wishes to testify, a strong indication that an indictment could soon follow.The Manhattan district attorney’s office recently signaled to Donald J. Trump’s lawyers that he could face criminal charges for his role in the payment of hush money to a porn star, the strongest indication yet that prosecutors are nearing an indictment of the former president, according to four people with knowledge of the matter.The prosecutors offered Mr. Trump the chance to testify next week before the grand jury that has been hearing evidence in the potential case, the people said. Such offers almost always indicate an indictment is close; it would be unusual for the district attorney, Alvin L. Bragg, to notify a potential defendant without ultimately seeking charges against him.In New York, potential defendants have the right to answer questions in the grand jury before they are indicted, but they rarely testify, and Mr. Trump is likely to decline the offer. His lawyers could also meet privately with the prosecutors in hopes of fending off criminal charges.Any case would mark the first indictment of a former American president, and could upend the 2024 presidential race in which Mr. Trump remains a leading contender. It would also elevate Mr. Bragg to the national stage, though not without risk, and a conviction in the complex case is far from assured.Mr. Trump has faced an array of criminal investigations and special counsel inquiries over the years but has never been charged with a crime, underscoring the gravity of Mr. Bragg’s inquiry.Mr. Bragg could become the first prosecutor to charge Mr. Trump, but he might not be the last.In Georgia, the Fulton County District Attorney is investigating whether Mr. Trump interfered in the 2020 election, and at the federal level, a special counsel is scrutinizing Mr. Trump’s effort to overturn the election results, as well as his handling of classified documents.The Manhattan inquiry, which has spanned nearly five years, centers on a $130,000 payment to the porn star, Stormy Daniels, who said she had an affair with Mr. Trump. The payment was made in the final days of the 2016 presidential campaign by Michael Cohen, Mr. Trump’s former fixer, who was later reimbursed by Mr. Trump from the White House.Mr. Cohen, who has long said that Mr. Trump directed him to pay Ms. Daniels to keep her quiet, is expected to testify in front of the grand jury, but has not yet done so.Michael Cohen, right, central to a hush money payment to Stormy Daniels during the 2016 presidential campaign, next to his lawyer Lanny J. Davis. Jefferson Siegel for The New York TimesThe district attorney’s office has already questioned at least six other people before the grand jury, according to several other people with knowledge of the inquiry.Mr. Bragg’s prosecutors have not finished the grand jury presentation and he could still decide against seeking an indictment.Mr. Trump has previously said that the prosecutors are engaged in a “witch hunt” against him that began before he became president, and has called Mr. Bragg, a Democrat who is Black, a politically motivated “racist.”“The Manhattan District Attorney’s threat to indict President Trump is simply insane,” a spokesman for the former president said in a statement, adding: “It’s an embarrassment to the Democrat prosecutors, and it’s an embarrassment to New York City.”A spokeswoman for the district attorney’s office declined to comment.Even if Mr. Trump is indicted, convicting him or sending him to prison will be challenging. The case against the former president hinges on an untested and therefore risky legal theory involving a complex interplay of laws, all amounting to a low-level felony. If Mr. Trump were ultimately convicted, he would face a maximum sentence of four years, though prison time would not be mandatory.Mr. Trump’s lawyers are also sure to attack Mr. Cohen, who in 2018 pleaded guilty to federal charges related to the hush money.The $130,000 payout came when Ms. Daniels’s representatives contacted the National Enquirer to offer exclusive rights to her story about an affair with Mr. Trump. David Pecker, the tabloid’s publisher and a longtime ally of Mr. Trump, had agreed to look out for potentially damaging stories about him during the 2016 campaign, and at one point even agreed to buy the story of another woman’s affair with Mr. Trump and never publish it, a practice known as “catch and kill.”But Mr. Pecker didn’t bite at Ms. Daniels’s story. Instead, he and the tabloid’s top editor, Dylan Howard, helped broker a separate deal between Mr. Cohen and Ms. Daniels’s lawyer. Mr. Trump later reimbursed Mr. Cohen through monthly checks.In the federal case against Mr. Cohen, prosecutors said that Mr. Trump’s company “falsely accounted” for the monthly payments as legal expenses and that company records cited a retainer agreement with Mr. Cohen. Although Mr. Cohen was a lawyer, and became Mr. Trump’s personal attorney after he took office, there was no such retainer agreement and the reimbursement was unrelated to any legal services Mr. Cohen performed.In New York, falsifying business records can amount to a crime, albeit a misdemeanor. To elevate the crime to a felony charge, Mr. Bragg’s prosecutors must show that Mr. Trump’s “intent to defraud” included an intent to commit or conceal a second crime.Alvin L. Bragg, who was criticized for calling off an earlier grand jury presentation, would be the first American prosecutor to indict a former president.Sarah Blesener for The New York TimesIn this case, that second crime could be a violation of New York State election law. While hush money is not inherently illegal, the prosecutors could argue that the $130,000 payout effectively became an improper donation to Mr. Trump’s campaign, under the theory that because the money silenced Ms. Daniels, it benefited his candidacy.Combining the criminal charge with a violation of state election law would be a novel legal theory for any criminal case, let alone one against the former president, raising the possibility that a judge or appellate court could throw it out or reduce the felony charge to a misdemeanor. This is not the first Manhattan grand jury to hear evidence about Mr. Trump. Before leaving office at the end of 2021, Mr. Bragg’s predecessor, Cyrus R. Vance Jr., had directed prosecutors to begin presenting evidence to an earlier grand jury. That potential case focused on the former president’s business practices, in particular whether he fraudulently inflated his net worth by billions of dollars in order to secure favorable terms on loans and other benefits.But Mr. Bragg, soon after taking office last year, grew concerned about the strength of that case and halted the presentation, prompting two senior prosecutors leading the investigation to resign.Still, the portion of the investigation concerned with Mr. Trump’s net worth is continuing, people with knowledge of the matter said.Defendants rarely choose to testify before a grand jury and it is highly unlikely that Mr. Trump would do so. As a potential defendant, he would have to waive immunity, meaning that his testimony could be used against him if he were charged. Although he could have a lawyer present in the grand jury to advise him, the lawyer would be prohibited from speaking to the jurors, and there would be few limits on the questions prosecutors could ask the former president.In recent years, Mr. Trump has been wary of answering questions under oath, given the legal intrigue swirling around him. When the New York attorney general deposed him last year in a civil case, Mr. Trump refused to provide any information, availing himself of his Fifth Amendment right to refuse to answer questions more than 400 times over the course of four hours. If he testifies about the hush money to this grand jury, he will not have that option.Maggie Haberman More

    • 125 Shares169 Views

      in Elections

      As Trump Inquiry Continues, Republicans Seek Oversight of Georgia Prosecutors

      by

      The proposals are part of a broader push by conservative lawmakers around the country to rein in district attorneys whom they consider too liberal.ATLANTA — To Fani T. Willis, the district attorney in Atlanta, several bills in the Georgia legislature that would make it easier to remove local prosecutors are racist and perhaps retaliatory for her ongoing investigation of former President Donald J. Trump. To the Republican sponsors of the bills, they are simply a way to ensure that prosecutors enforce the laws of the state, whether they agree with them or not.Two of the measures under consideration would create a new state oversight board that could punish or remove prosecutors for loosely defined reasons, including “willful misconduct.” A third would sharply reduce the number of signatures required to seek a recall of a district attorney. The proposals are part of a broader push by conservative lawmakers around the country to rein in prosecutors whom they consider too liberal, and who in some cases are refusing to prosecute low-level drug crimes or enforce strict new anti-abortion laws.Gov. Ron DeSantis of Florida last year suspended a Democratic prosecutor in the Tampa area, Andrew Warren, after Mr. Warren said, among other things, that he would not prosecute anyone seeking abortions. The Republican-controlled Pennsylvania House voted in November to impeach Larry Krasner, the liberal district attorney in Philadelphia. And a Republican-backed bill currently under consideration in the Indiana legislature would allow a special prosecuting attorney, appointed by the state attorney general, to step in if a local prosecutor is “categorically refusing to prosecute certain crimes.”The debate in Georgia unfolding amid mounting concerns over urban crime, particularly in Atlanta. But Ms. Willis has been a centrist law-and-order prosecutor who has targeted some prominent local rappers in a sprawling gang case. She is also part of the changing face of justice in Georgia: The state now has a record number of minority prosecutors — 14 of them — up from five in 2020, the year Ms. Willis, who is Black, was voted into office. And of course, there is the Trump inquiry, the latest accelerant to the partisan conflagrations that have consumed the increasingly divided state for years. The subject of Ms. Willis’s investigation is whether Mr. Trump and his allies tried to flout Georgia’s democratic process with numerous instances of interference after his narrow 2020 election loss in the state. Ms. Willis, center, with her team during proceedings to seat the special purpose grand jury in Fulton County in May 2022.Ben Gray/Associated PressMs. Willis has said she is considering building a racketeering or conspiracy case. Anticipation is rising, particularly since the forewoman of a special grand jury charged with looking into the matter spoke publicly last month, saying that the jury’s final report, which is still largely under wraps, recommended indictments for more than a dozen people.Ms. Willis must now decide whether to bring a case to a regular grand jury, which can issue indictments. A decision ‌could come as early as ‌May.Understand Georgia’s Investigation of Election InterferenceCard 1 of 5A legal threat to Trump. More