More stories

  • in

    Trump bets indictments could make him 2024 nominee

    Donald Trump appeared angry and shaken during his arraignment in Manhattan criminal court on Tuesday, but he had brushed off the moment by the weekend, contending that the indictment and other legal troubles would carry him to the 2024 Republican nomination, people close to him said.With his status as a criminal defendant subjecting him to the structures of the judicial process, the former president is playing an increasingly high-stakes game to inextricably tie his legal strategy to his political gameplan as he seeks to recapture the Oval Office next year.Trump’s wager is that using his legal troubles as a campaign issue will harden support from his base and Republican elected officials, and that support could undercut or falsely delegitimize prosecutions in Georgia or by the US justice department in other various criminal investigations.The approach may or may not work, and Trump’s advisers acknowledge that campaigning on his personal legal issues that appeal to Republican primary voters could backfire in a general election where independent voters might recoil at re-electing a former president who is charged with 34 felonies.But the benefits to Trump of using for campaign purposes his indictment over hush money allegedly paid to adult film star Stormy Daniels in 2016 has been readily apparent, providing him with a boost across all areas: in polling, in fundraising and in wall-to-wall media coverage.The person most hurt by the indictment, his advisers contend, was his expected rival for the Republican nomination: the Florida governor, Ron DeSantis, who was forced to come to Trump’s defense and still fell behind him in multiple polls, which suggested a trend rather than an outlier result.In a recent Yahoo news poll, Trump was beating DeSantis 57% to 31% in a hypothetical one-to-one contest and was attracting majority support, at 52%, when pitted against a wider, 10-candidate field including DeSantis as well as the UN ambassador in the Trump administration, Nikki Haley.Trump improved his lead over DeSantis in internal polling by McLaughlin and Associates, which surveyed 1,000 likely 2024 general election voters and found Trump would beat DeSantis 63% to 30%, improving his lead from January when he was at 52% and DeSantis at 40%.Trump’s allies also noted the indictment snapped Republican members of Congress into line, with House judiciary committee chair Jim Jordan sending a flurry of subpoenas to the Manhattan district attorney’s office to get confidential information about the case against him.And Trump received a boost in fundraising, with his campaign claiming it raised more than $12m in donations in the week after the indictment. Roughly a third was from first-time donors, though the actual figure won’t be available for confirmation for several weeks.Whether the political pressure – as well as the personal attacks on prosecutors that Trump has vowed to launch – works to dissuade prosecutors is less clear. In Georgia, prosecutors expect to charge Trump and dozens of others over efforts to overturn the 2020 election in that state, a person familiar with the matter said.But if Trump cannot actually stave off prosecutions, then the next best outcome for him is to at least raise suspicions among voters across the country that the cases are politically motivated, his advisers have suggested in conversations with his legal team.skip past newsletter promotionafter newsletter promotionEven beyond the major news events like Trump’s indictment or his arraignment in the New York hush money case, advisers and associates have discussed for weeks about how tying the legal strategy to the political strategy remains a winning formula, if only in the short term.At least one Trump associate noted that the former president was a “guilty pleasure” for everyone in the political ecosystem, describing how Trump-related developments give Democrats an issue to rail against and Republicans an issue to rally behind, and boost ratings for cable news outlets.The wall-to-wall coverage of Trump’s arraignment – including helicopter shots following Trump boarding his plane from his Florida Mar-a-Lago resort to New York and speedboats dogging his motorcade as it drove down FDR Drive in Manhattan – increased ratings for every major TV network.On the evening after the arraignment, Fox News topped 6.4 million viewers on Tucker Carlson’s show. MSNBC hit 2.8 million viewers and CNN peaked at 2.2 million viewers for their special coverage, exceeding their top-rated shows in the first quarter of 2023, which had respectively hauled in 3.3 million, 1.4 million and 0.6 million viewers.The Trump team has been watching cable news viewership closely. Last month, when Trump spoke at the Conservative Political Action Conference, he mocked an aide for talking to CNN because of its recent ratings dip and later laughed at how TV networks would hire a speedboat “only for Trump”. More

  • in

    Trump lawyer says he aims to get hush money case dismissed before trial

    While Donald Trump launches verbal attacks against the prosecutor and judge overseeing his criminal charges in connection with hush money payments to adult film star Stormy Daniels, an attorney for the former US president has said his main focus is on legal maneuvers aiming to get the case dismissed long before a trial jury is ever seated.Jim Trusty appeared on Sunday on ABC’s This Week and argued that “there’s a lot to play with” when examining whether New York state prosecutors waited too long to secure an indictment against Trump and if the ex-president intended to commit any crimes with the payments at the center of the case.The payments were made at the height of the 2016 White House race which Trump won, and Trusty also reiterated questions that his side has previously asked about whether Manhattan district attorney Alvin Bragg’s office should be able to apply “federal election law into a New York case”.“The motions to dismiss have to be a priority because they amputate this miscarriage of justice early on,” Trusty said to show host Jonathan Karl. “And I think you’ll see some very robust motions.”In his remarks to Karl, Trusty also doubled down on questions already floated by his side about whether Trump could get a fair trial in Manhattan. The New York City borough voted overwhelmingly in favor of the Democrat who defeated Trusty’s client in the 2020 presidential election, Joe Biden, after all.However, though Trusty said Manhattan is “a real stronghold of liberalism, of activism, and that infects the whole process”, he suggested pretrial dismissal motions citing statutes of limitation and an alleged lack of criminal intent are almost certain to come before one that might seek a change of trial venue.A state grand jury in Manhattan on 30 March handed up 34 felony charges of falsifying business records to cover up $130,000 in payments meant to keep Daniels quiet about claims of an extramarital sexual encounter in what Bragg’s office maintains was a conspiracy to influence the race Trump won over Hillary Clinton. Trump pleaded not guilty to all charges on Tuesday.The Daniels payments have already led to one conviction, in federal court: that of former Trump lawyer Michael Cohen. Cohen, in that case, said he paid Daniels at the behest of Trump and was reimbursed by the then president during his time in the Oval Office. Prosecutors alleged that those payments were falsely classified as legal expenses as part of a conspiracy for Trump to get around state and federal election laws or to deceive tax authorities.Cohen pleaded guilty to federal crimes stemming from the hush money payments, resulting in a three-year prison sentence as well as the loss of his law license.Trusty on Sunday called Cohen “a convicted perjurer with an ax to grind” but said it would be ineffective to attack his credibility in a motion at this stage. He also suggested that Trump’s political rhetoric about Bragg being a “failed district attorney” and a “criminal” and about the judge to whom the case was allotted, Juan Merchan, being “a Trump-hating judge with a Trump-hating wife” was unlikely to be reflected in some of his side’s upcoming legalese.“It was pointing [out] that they have a bias, that they have a political interest that is contrary to President Trump,” Trusty said about comments that prompted Merchan to issue a warning against any statements that were “likely to incite violence or civil unrest”.Trusty added: “There’s kind of a political lane and a legal lane. I’m in the legal lane. I’m not going to worry too much or be able to control the politics of the moment.”skip past newsletter promotionafter newsletter promotionWhile Trusty didn’t elaborate on his statute of limitation mention, New York law gives prosecutors five years to charge felony falsification of business records. The last alleged false record in the indictment is from December 2017, more than five years before Bragg obtained the charges against Trump.It’s unclear how Bragg’s office might try to defend against such a line of attack. But in other settings, lawyers confronted with a motion to dismiss based on a statute of limitation often argue that steps taken to conceal the alleged wrongdoing should result in prolonging – if not entirely suspending – any relevant charging or filing deadlines.Meanwhile, Trusty’s comment about applying “federal election law into a New York case” seemed to refer to Bragg’s decision to indict the former president over payments during a federal election although the US justice department prosecutors who secured Cohen’s conviction passed on charging Trump. The justice department’s decision against charging Trump does not amount to a finding of innocence for the former president, though it remains to be seen whether Bragg’s office has enough evidence to eventually secure a conviction.Trump’s next court date in the case that made him the first former US president to be criminally charged is 4 December. But Trusty said the public should not be surprised if some of the possible motions that he discussed were filed well ahead of that date.If Trump were to eventually be found guilty as accused, it is possible that he would face up to four years in prison, the director of the Center for Ethics and the Rule of Law at the University of Pennsylvania’s Annenberg Public Policy Center recently told the resource website factcheck.org. Yet it is also possible that Trump would not be at risk for anything more than probation, fines and community service because he was charged as a first-time offender, Columbia University law school professor John C Coffee Jr said to factcheck.org.Despite the case in Merchan’s courtroom, Trump is widely considered to be the frontrunner to land the Republican presidential nomination for the 2024 election. More

  • in

    Trump’s indictment and the return of his biggest concern: ‘the women’

    In August 2015, at Trump Tower in New York, Donald Trump met with Michael Cohen, then his lawyer and fixer, and David Pecker, then chief executive of American Media, owner of the National Enquirer. According to the indictment of the former president unsealed in New York this week, Pecker agreed to help with Trump’s campaign for the Republican nomination, “looking out for negative stories” about Trump and then alerting Cohen.It was a “catch and kill” deal, a common tabloid practice in which Pecker would buy potentially damaging stories but not put them in print.Pecker “also agreed to publish negative stories” about Trump’s competitors. The media this week seized on that passage in the indictment, noting how the Enquirer baselessly linked the father of Ted Cruz, the Texas senator and Trump’s closest rival for the nomination, to Lee Harvey Oswald, the man who killed John F Kennedy.Last year, however, a New York Times reporter got to the heart of the matter. In her book Confidence Man: The Making of Donald Trump and the Breaking of America, Maggie Haberman says that around the same time as the meeting with Pecker and Cohen, Sam Nunberg, a political adviser, asked Trump for his “biggest concern” about running.“Trump had a simple reply: ‘The women.’”Trump now faces 34 counts, all felonies, of falsifying business records with intent to conceal another crime: breaches of campaign finance laws. All the charges relate to the $130,000 Cohen paid Stormy Daniels, the adult film star and director who claims an affair Trump denies, and how Cohen was repaid $420,000 including $50,000 for “another expense” Cohen has said was for rigged polls, another $180,000 to cover taxes and a $60,000 bonus.But the New York indictment is not the only form of legal jeopardy Trump now faces. As well as state and federal investigations of his election subversion, a federal investigation of his retention of classified records and a civil lawsuit over his business practices, he faces a civil defamation suit arising from an allegation of rape.Trump has been accused of sexual misconduct or assault by at least 26 women. One of them, the writer E Jean Carroll, says Trump raped her in a department store changing room in New York in the mid-1990s.Trump denies the allegation. Carroll has sued him twice: for defamation and for defamation and battery, the latter suit under the Adult Survivors Act, a New York law which gave alleged victims of crimes beyond the statute of limitations a year to bring civil claims. In the defamation case, trial has been delayed. The case under the Adult Survivors Act is due to go to trial on 25 April.To the New York writer Molly Jong-Fast, host of the Fast Politics podcast, there is a some sense of poetic justice in Trump finally facing a legal reckoning in cases arising from his treatment of women.But, Jong-Fast says: “The thing I’m sort of struck by is, like, how much women continually are dismissed, even in this situation.“There’s so much talk about the Stormy Daniels case, there was so little talk about actually what happened, right? There was almost nothing about how he was married to his third wife [Melania Trump], and she had just had a child [Barron Trump], and he had this affair. He denies the affair but the affair is pretty much documented.“That’s as close to truth in Trumpworld as possible. But we’re discussing the nuances of who paid the hush money and whether or not that’s a campaign contribution, and whether that rises to a federal crime.“That can be argued, but I was surprised at how little focus women had in it. How nobody was talking about like, this is a serial philanderer who has the kind of problems that serial philanderers have.“The filing talked about how he had paid off this doorman, about the illegitimate child. I guess that may have been not true … but like, you don’t pay off somebody unless you have a sense that this could actually be true.”As Jong-Fast indicates, the New York indictment detailed two other “catch and kill” deals which prosecutors said also showed “illegal conduct” admitted by Pecker and Cohen but directed by Trump himself.In late 2015, American Media paid $30,000 to a former Trump World Tower doorman who was trying to sell a story about Trump fathering a child out of wedlock.In September 2016, Cohen taped Trump talking about a payment to Karen McDougal, a former Playboy model who claims an affair Trump also denies.“So what do we got to pay for this?” Trump asked. “One fifty?”American Media paid McDougal $150,000 to stay silent.After Trump won the presidency, the indictment says, American Media “released both the doorman and [McDougal] from their non-disclosure agreements”.That speaks to the central contention made by Alvin Bragg, the Manhattan district attorney, in his charges over the Daniels payment: that Trump concealed it because he feared it could derail his campaign.According to Bragg’s indictment, in the McDougal case Trump “was concerned about the effect it could have on his candidacy”. In the case of the doorman, Cohen instructed Pecker “not to release [him] until after the presidential election”. Regarding Daniels, Trump is said to have directed Cohen “to delay making a payment … as long as possible … [because] if they could delay payment until after the election, they could avoid paying altogether, because at that point it would not matter if the story became public”.In short, prosecutors contend that Trump did not make and conceal hush-money deals because he wanted to avoid embarrassment or hurting his wife – the argument successfully pursued by John Edwards, the Democratic presidential candidate who made hush-money payments in 2008 but avoided conviction four years later. The case against Trump is built on the contention he broke state and federal campaign finance laws.Observers argue over whether Bragg has built a case he can win. Some expect Trump to wriggle off the hook. Others think the first prosecutor to indict a president has a good chance of securing a conviction. In either case, the indictment has brought Trump’s treatment of women back to the national spotlight.So has Trump himself. As Jong-Fast points out, as the former president this week attacked the judge in New York, who subsequently became subject to threats to his safety, so too Trump went after the judge’s wife and daughter.“If you see interviews with Stormy Daniels, she has had terrible experiences as a result of her brush with Trump. Even the judge in that case, the judge’s daughter, Trump went after them. You go after Trump, you get it. He’s like a mob boss. That’s just how he does it.” More

  • in

    Who is Karen McDougal, the other woman in Trump’s hush money case?

    The hush money payments Donald Trump has been accused of making involve not only adult film star Stormy Daniels, who has dominated headlines in recent months, but also Karen McDougal, a former Playboy model.In 2018, McDougal told CNN she had an extramarital affair with the former president that began in 2006, which Trump denies. He has been married to his third wife, Melania Trump, since 2005.According to McDougal, the affair involved having sex with Trump “many dozens of times” and occurred in multiple locations including at a golf tournament in Lake Tahoe, California, and at his private golf club in New Jersey, as well as in Trump Tower in New York City, where she was allegedly brought in through the back entrance.Despite Trump’s denials that an extramarital affair with McDougal ever occurred, the New York prosecution team has cited evidence of payments made to McDougal by Trump.Born in Indiana, McDougal is a 52-year old actress and former Playboy model. According to her website, she began her career in her 20s as a fitness model for various health and fitness publications. In 1997, McDougal became a Playboy “playmate” and made “playmate of the year” in 1998.In 1999, McDougal appeared on the cover of Men’s Fitness magazine.Since then, McDougal made various appearances as a sports radio personality and was cast in the 2001 direct-to-video film The Arena by Russian-Kazakh director Timur Bekmambetov. In The Arena, McDougal plays an Amazon slave who is forced to become a gladiator in Rome.According to her website, McDougal is a national advocate for breast implant illness and is an active member in various support groups, following her implant removal in 2017. Her activism work also includes raising awareness on deep vein thrombosis and animal rights.In 2018, the New Yorker published a letter written by McDougal about her alleged experiences with Trump during their first date at the Beverly Hills Hotel. In the letter, McDougal wrote: “We talked for a couple hours – then, it was ‘ON’! We got naked + had sex. After we got dressed (to leave), he offered me money. I looked at him (+ felt sad) and said, ‘No thanks – I’m not ‘that girl.’ I slept w/you because I like you – NOT for money’ – He told me ‘you are special.’”That same year, McDougal publicly apologized to Melania Trump for the alleged affair, saying on CNN: “I’m sorry, I wouldn’t want it done to me … When I look back, where I was back then, I know it’s wrong … I’m really sorry for that. I know it’s a wrong thing to do.” More

  • in

    Trump’s indictment is about more than hush money – it’s a question of democracy

    Former president Donald Trump pleaded not guilty on Tuesday to 34 felony counts of falsifying business records related to hush money payments he made through his allies to hide extramarital affairs in the weeks before the 2016 election.As prosecutors in the New York courtroom reiterated, the issue wasn’t just that Trump directed these payments that put him at fault, but that the timing of them probably changed the course of his campaign and paved the way for Trump to interfere with election results for two cycles. And the criminal charges were only part of the picture when it comes to Trump’s election meddling, and the threats he has posed to US democracy.“[These are] very serious criminal allegations that matter to our democracy because of the effect that paying this hush money could have had suppressing a scandal, saving the Trump campaign, altering the outcome of the 2016 election and setting up the election interference that we investigated in the first impeachment,” longtime election lawyer Norm Eisen said in a recent interview.“And that culminated in the attempted coup following the 2020 election and the violence of January 6.”This week’s indictment could be the first time that Trump – or any president in the country’s history – is held accountable for a criminal act. But this may not be the only time Trump faces courtroom allegations this year.Though the first indictment of a former president comes in a trial about falsifying business records, there is also the Fulton county litigation over Trump’s efforts to overturn the 2020 election results in Georgia and the multiple cases involving his role in instigating a riot at the US Capitol on 6 January 2021.“People have to be held accountable for their actions and when a former president of the United States has allegedly committed a criminal act and is found guilty, he has to be held accountable,” said Fred Wertheimer, the president of Democracy 21, a non-partisan organization that works to protect democracy.And while some have lamented that the first case to reach an indictment is not the most significant one pending against Trump’s election denial tactics, Wertheimer said it was still a strong case.“Even though this case does not appear as directly related to our democracy as the Mar-a-Lago documents case, the Georgia case about attempting to steal a presidential election, or the largest case about the alleged attempt by former president Trump to overturn the presidential election and the role he allegedly played in inciting the January 6 insurrection, if you look at the fundamentals of our democracy, this case is similar in importance to those other cases,” he said.skip past newsletter promotionafter newsletter promotionA guilty verdict against Trump could also show that nobody in the US, including a former president, is above the law, a fundamental component of a functioning democracy. In many other countries – including many ranked among the most democratic – ex-heads of government or state have been prosecuted, but never before has it happened in the US.In the past 15 years alone, Nicolas Sarkozy and Jacques Chirac of France, Park Geun-hye and Lee Myung-bak of South Korea, and Silvio Berlusconi of Italy have all been prosecuted for corruption and found guilty, according to the New York Times.A majority of Americans – 60% – approve of the indictment against Donald Trump according to a recent CNN poll, although respondents were split on whether they believe it benefits democracy. A majority also believe that politics played a role in the indictment, a fact that could threaten democracy by making people believe that the legal system can be influenced by partisan actions.“At the heart of our democracy is the fact that nobody is above the law,” Wertheimer said. “Everyone in our society has to comply with the rules. That’s just the fundamental principle of the rule of law.” More