Prosecution of Donald Trump in New York

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This article is about New York state's criminal case against Trump personally. For other cases by New York involving Trump, see New York v. Trump (disambiguation). For other prosecutions of Trump, see Indictments against Donald Trump.
People of the State of New York v. Trump
New York Unified Court System seal.svg
CourtNew York Supreme Court
Full case nameThe People of the State of New York v. Donald J. Trump
ChargeFirst-degree falsifying business records (34 counts)
Citation(s)IND-71543-23[1]
Court membership
Judge(s) sittingJuan Merchan
Donald Trump official portrait (cropped).jpg
This article is part of
a series about
Donald Trump
Trump fist.jpg
Business and personal
45th President of the United States
Tenure

Donald Trump's signature

Seal of the President of the United States

The People of the State of New York v. Donald J. Trump is a criminal case against Donald Trump, the 45th president of the United States. Following his sweeping victory in the 2024 Presidential election against incumbent Vice President Kamala Harris, Donald Trump faces an unprecedented legal situation.

On March 30, 2023, Trump was indicted by a Manhattan grand jury for his alleged role in a scandal relating to hush money payments made to the pornographic film actress Stormy Daniels before the 2016 U.S. presidential election,[2][3][4] making him the first U.S. president to be indicted.[5][6][7] Trump faces 34 felony charges of falsifying business records in the first degree, carrying a maximum sentence of 136 years if Trump is convicted on all counts.[8][9][10][a]

Trump traveled from his residence in Florida to New York City on April 3, 2023 to the office of the Manhattan District Attorney where he surrendered on the afternoon of April 4.[12][13] After his arraignment, he immediately returned to Florida.[14] The trial was set for April 15, 2024,[15] delayed from an initial March 25 start.[16]

Throughout the investigation that led to the indictment, Trump accused district attorney Alvin Bragg—the case's prosecutor—of having political motivations.[17] Months before he was indicted, Trump declared that he would run in the 2024 presidential election;[18][19] neither the indictment nor any resulting conviction would disqualify his candidacy.[20][21]

Trump was convicted in May 2024 on all 34 felony counts of falsifying business records in New York, related to hush-money payments made during the 2016 election campaign, the implications of a Supreme Court ruling on presidential immunity have cast significant doubt on the future of this, and several other pending cases. The Supreme Court's decision, which grants substantial immunity to former presidents for official acts while in office, is central to ongoing legal battles over whether the charges against Trump can proceed while he holds the office of President.

Background

Stormy Daniels–Donald Trump scandal

Main article: Stormy Daniels–Donald Trump scandal
Stormy Daniels smiling at the camera
Donald Trump was indicted for his role in instructing Michael Cohen to pay US$130,000 to Stormy Daniels (pictured).

In July 2006, Stormy Daniels, an American pornographic film actress, met Trump at a celebrity golf tournament in Nevada. At the time, Trump was the host of the reality TV series The Apprentice and was married to Melania Trump. Their son, Barron Trump, had been born four months earlier.[22] According to Daniels, Trump invited her to his penthouse at Harrah's Lake Tahoe[23] where the two had sex and talked about making her a guest on The Apprentice.[24][25] In 2011, Daniels considered selling the story to the celebrity magazine Life & Style for US$15,000 as Trump began exploring a potential presidential bid. His lawyer, Michael Cohen, threatened to sue Life & Style when it asked the Trump Organization for comment. Daniels' agent, Gina Rodriguez, leaked the story to gossip blog The Dirty in October. The post was taken down following complaints by Trump's lawyers, and Daniels disputed the story's veracity.[26]

As Trump's 2016 presidential campaign began, Rodriguez approached multiple publications—including the National Enquirer—and attempted to sell the story. Following the publication of a lewd tape between Trump and the television host Billy Bush, the National Enquirer bought the story in October 2016. In an effort to help the Trump campaign, the National Enquirer sought to suppress the story. Rather than paying Daniels, the National Enquirer editor-in-chief Dylan Howard negotiated a $130,000 non-disclosure agreement between Daniels and Cohen. As the election neared, Cohen attempted to find the money and repeatedly delayed her payment. Keith Davidson, Daniels's lawyer, canceled the deal in October 2016. Realizing that his work to cover up the story could be revealed, Cohen drew the money from his home equity line of credit and sent it through a shell company incorporated in Delaware.[26][23]

Trump initially denied knowing about the check made out to Daniels. In April 2018, aboard Air Force One, he told a reporter he did not know where Cohen got the money.[27] Rudy Giuliani, an attorney for Trump, refuted these claims in a Fox News interview, saying that Trump was aware of the payments.[28] Trump wrote several checks, totaling $420,000 to Cohen. The checks reimbursed him for the non-disclosure agreement and covered the costs for Cohen to manipulate online polls to boost Trump's status. The $180,000 paid to Cohen was doubled to offset taxes, and $60,000 was added. These payments were made throughout 2017, during Trump's first year of his presidency.[29] The payments made to Cohen were declared as a legal expense; if this were misleading, it would constitute a misdemeanor under New York law. Prosecutors have also considered the legality of Cohen's payment; under New York law, falsifying business records to cover up a crime is a Class E felony.[30]

Manhattan grand jury investigation

Main article: New York criminal investigation of The Trump Organization

In January 2018, The Wall Street Journal reported on Cohen's payment to Daniels.[31] Cohen pleaded guilty to eight criminal counts relating to the payment—as well as a payment made to McDougal—in August. In his admission of guilt, Cohen implicated Trump, stating that he acted "at the direction of a candidate for federal office".[32] In December 2018, Cohen was sentenced to three years in prison.[33]

Following Cohen's admission of guilt, Cyrus Vance Jr.—the Manhattan District Attorney—opened an investigation against the Trump Organization and two of its executives.[34] The office paused its inquiry when federal prosecutors of the United States Attorney for the Southern District of New York (SDNY) began a separate investigation into the payments; Vance said after Trump's indictment that SDNY had asked him to "stand down" and he complied.[35] In July 2019, SDNY prosecutors stated that they concluded their inquiry into Trump and signaled that he would not be charged, though a Justice Department policy prohibits the indictment of a sitting president.[36] The Manhattan district attorney's office then issued a subpoena for the Trump Organization in August, seeking documents relating to the payments.[37] Additionally, the office subpoenaed accounting firm Mazars USA, demanding eight years of Trump's corporate tax returns.[38] Trump's lawyers sued Vance to block the subpoena, citing Trump's immunity from criminal inquiries as the president of the United States;[39] in Trump v. Vance, the Supreme Court ruled 7–2 in favor of Vance, allowing the subpoena to continue.[40]

In December 2020, Manhattan prosecutors began intensifying their investigation, investigating employees of Deutsche Bank and insurance brokerage Aon.[41] The Supreme Court ruled once more in February 2021 that the Manhattan district attorney's office could obtain Trump's tax records,[42] and it subsequently did so.[43] The Manhattan district attorney's office began focusing its attention on Allen Weisselberg, the chief financial officer (CFO) of the Trump Organization,[44] and charged the Trump Organization with running a tax scheme in July.[45] Following the 2021 New York County District Attorney election, Alvin Bragg succeeded Vance as the Manhattan District Attorney.[46] In February 2022, Mark F. Pomerantz and Carey Dunne, the two prosecutors retained by Bragg to lead the investigation, resigned, asserting Bragg was not pursuing charges against Trump aggressively enough.[47] Bragg continued the investigation throughout 2022,[48] and moved to continue the hush money inquiry into Trump.[49]

In January 2023, the Manhattan district attorney's office impaneled a 23-person[50] grand jury, and began presenting evidence of Trump's role in paying Stormy Daniels.[51] The grand jury had been hearing evidence for two months leading up to the indictment, typically meeting on Mondays and Wednesdays.[50] In March 2023, prosecutors signaled an indictment was likely,[52] and on March 18, Trump claimed that he was to be arrested the following week, calling for protests in anticipation of a possible indictment.[53][54] New York City Police began to increase security in preparation for the expected indictment on March 21, and a second time for the second expected indictment on March 30.[50] Metal barriers were set up around Trump Tower and the district Criminal Court Building.[55] A law enforcement source told Reuters that police would close streets around the courthouse in advance of Trump's expected appearance on April 4.[56] On March 30, prior to the grand jury voting to indict, an unidentified witness testified for approximately 30 minutes to them.[57]

Initial proceedings

Indictment and charges

The April 4 indictment document

The Manhattan grand jury voted to indict Trump on March 30, 2023.[58] The indictment was filed with the New York Supreme Court (the ordinary trial court for felonies in the state of New York and not the final court of appeal for the state) the same day.[59] The charges were under seal until published when Trump was arraigned in the Manhattan Criminal Court.[60][61]

The indictment charged Trump with 34 felony counts of falsifying business records in the first degree, in violation of New York Penal Law §175.10. Each count is related to a specific business document, each having a date ranging from February 14 through December 5, 2017:[8]

  • 11 for invoices from Michael Cohen
  • 9 for general ledger entries for Donald J. Trump
  • 3 for general ledger entries for the Donald J. Trump Revocable Trust
  • 8 for checks from Donald J. Trump
  • 2 for checks from the Donald J. Trump Revocable Trust

The allegedly falsified documents are related to Trump's payment to Stormy Daniels as hush money. The payments were listed in the business records as a legal expense payable to Michael Cohen, whereas the indictment alleges that they were actually to reimburse Cohen for the earlier, allegedly illicit, payment to Daniels.[62][63]

Falsifying business records in the first degree is a felony under New York state law that requires that the "intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof". This is in contrast to falsifying business records in the second degree, which is a misdemeanor that does not have that requirement. In this case, the other crime is expected to be a violation of federal campaign finance rules because the acts are alleged to have helped his election bid. This requires the prosecution office to link a crime committed under state law to one committed under federal law.[8][62][63] The exact legal theory is not described in the indictment, as state law does not require it.[64][65]

Each count for which Trump is convicted could result in a prison sentence of up to four years, to be served consecutively, or the judge could impose no prison sentence.[66] A conviction would not legally prohibit Trump from continuing his campaign in the 2024 presidential election, nor would he be forbidden from assuming presidency should he win, even if he were in prison.[67] Trump stated in an April 2023 Fox News interview with Tucker Carlson that he would not drop his candidacy in the 2024 U.S. presidential election if he is convicted.[68][69]

Arraignment

Four NYPD buses parked next to crowd control fences
NYPD closed off the entrance to Trump Tower and used police buses to block the opposite side of the street.
Press tents and cameras behind crowd control barriers, on a sidewalk
Outlets set up camera equipment outside the courthouse on the evening of April 3 for the next day.

On April 3, Trump flew from Palm Beach International Airport into LaGuardia Airport on his private plane, and took his motorcade to Trump Tower, where he stayed the night.[70][71] Todd Blanche, a lawyer who had defended Paul Manafort during his 2016 fraud trial, had recently resigned from his law firm to aid Trump's case.[72] Police increased security in and around Manhattan ahead of the arraignment; authorities said there were no credible threats of violence or organized plans of protests.[71] Eric Adams, the mayor of New York City, warned protestors to be peaceful.[73] Acting New York Supreme Court Justice Juan Merchan is presiding over the case.[74] Merchan denied a motion filed by media organizations to allow a television broadcast of the arraignment or to allow electronic devices to be used in the courtroom, but allowed five press pool still photographers.[75][76] Courtroom sketch artists also documented the proceedings.[77] The courtroom's glass doors were covered as a security measure.[78]

On April 4, 2023, as Trump's motorcade approached the Manhattan Criminal Courthouse, he posted to Truth Social: "Can't believe this is happening in America. MAGA!"[79] Upon entering the courthouse, he was put in police custody and placed under arrest.[80][81] He was booked and fingerprinted, but he was not handcuffed, nor was a mug shot taken.[82][83] Trump entered the courtroom an hour later,[84] pleading not guilty to 34 felony charges.[85] The indictment was unsealed (publicly released) shortly thereafter, charging Trump with 34 counts of falsifying business records in the first degree as part of a "conspiracy to undermine the integrity of the 2016 election."[86][87] At the arraignment, Merchan warned Trump not to use social media to incite violence.[88]

Possible trial dates were discussed; prosecutors proposed January 2024, but Trump's defense team objected, saying that the trial should be set for later in 2024.[89]

Immediately after the arraignment, Trump returned to Mar-a-Lago and addressed a crowd of supporters in the evening.[90][70] Trump made several false claims about topics such as his handling of government documents, Bragg supposedly being connected to George Soros and the Trump–Raffensperger phone call.[91]

Pretrial motions

During Trump's arraignment, the court set deadlines for pre-trial proceedings, including for prosecutors to provide discovery to the defense.[89] The court set a deadline of August 8, 2023, for pre-trial motions to be filed.[89]

As he has done in many other cases, Trump is expected to use "attack-and-delay" tactics, targeting the prosecutors and the judge while prolonging proceedings. If he does that, the case could continue into late 2024, near the presidential election.[92][93]

In May 2023, Trump filed a motion seeking to move the New York case to federal court; in court papers, his lawyers contended that the case "involves important federal questions"; asserted that the case arises from "conduct performed while in office"; and argued that he could only be tried in federal court.[94] Federal judge Alvin Hellerstein set the hearing on the motion for June 27, 2023, and ruled that "in the meantime, proceedings may continue" in the state court.[95] On July 19, Hellerstein denied Trump's request,[96] as legal experts had predicted.[94] Even if the case had been moved to federal court, New York state law would have continued to apply.[94]

Also in May 2023, Trump asked for Merchan to recuse himself because Merchan's daughter works for Democratic organizations.[97] In August 2023, Merchan said he would not recuse himself.[98]

On March 11, 2024, Trump asked to delay trial until after the Supreme Court decides whether he is generally immune from prosecution in the federal charges on election obstruction, implying a trial date in mid-summer or later. The Supreme Court had already scheduled those arguments for April 25[99] and may not rule until the end of the court's term in early July.[100]

Trial delay

On January 18, 2024, Trump subpoenaed the U.S. Attorney's office.[101]

From March 4–14, 2024, the U.S. Attorney's office, in response to Trump's subpoena two months earlier, released over 73,000 pages of records and said they would provide more. On March 14, the Manhattan DA asked to delay the trial (then scheduled for March 25) for up to 30 days so that both sides could review the new evidence, whereas Trump asked for a 90-day delay.[102] On March 15, Judge Merchan said both sides would have at least 30 days.[103][104] On March 25, by which time over 100,000 documents totalling over 200,000 pages had been delivered,[105] Merchan set a new trial date of April 15.[15]

The original trial date was postponed by a few weeks. On May 23, 2023, Justice Merchan set the trial for March 25, 2024.[16] Trump's team complained that Trump's schedule in the spring of 2024 would be too full given his scheduled trials in other cases. Merchan said he wanted to wait for Trump's legal calendar to be firmer before he discussed rescheduling.[106] At a February 15, 2024, hearing, which Trump attended,[107] Merchan reaffirmed the March 25 trial date,[108] but this was later delayed to April 15.[15]

Gag order

In a May 2023 hearing and court filing, prosecutors expressed concern that Trump would misuse evidence obtained through pretrial discovery procedure to attack people involved in the case, including witnesses.[94] Justice Merchan declined to issue a gag order or prohibit Trump from publicly commenting about the case against him,[94] but issued a protective order setting rules for the use of social media involving elements of the case, and set a hearing (with Trump to appear remotely) to explain the rules.[109][110]

On February 26, 2024, the Manhattan DA asked for a gag order on Trump.[111]

On March 26, 2024, Trump made a social media post referencing Merchan's daughter.[112] That day, Merchan imposed a gag order forbidding Trump to publicly comment on court staff, prosecutors, witnesses, jurors, or their families, or to cause others to make such statements, in a way that interferes with the case. Bragg (as a public figure) and Merchan (as the judge) were specifically exempted from protection.[113][114] On March 27 and 28, Trump again referenced Merchan's daughter on social media.[114][115] On March 29, Bragg asked Merchan to broaden the gag order so it would protect Bragg and Merchan's families,[116] and on April 1, Merchan did so.[117]

Trial

Witnesses

Michael Cohen, Trump's former "fixer" and attorney, pleaded guilty to campaign-finance violations for his payments to Daniels during the 2016 campaign and served prison time; he testified that Trump directed him to pay Daniels during the 2016 campaign.[118] On April 12, 2023, in a separate legal action, Trump sued Cohen, seeking $500 million in damages for breach of contract.[119]

Prosecutors also plan to call Daniels as a witness.[120] Former White House communications director Hope Hicks is expected to testify against Trump.[121] Allen Weisselberg is not expected to testify.[122]

Pre-indictment

In early 2023, while an indictment was widely anticipated, it remained publicly unknown when the Manhattan grand jury would finally decide whether to indict. The timing of the March 30 indictment reportedly surprised Trump and his team, who learned about it from the news. His attorneys had believed it was still weeks away and had expected the district attorney's office to inform them directly.[123][124] On March 18, Trump wrote on Truth Social that he would be arrested on March 21 and called for protests to "take our nation back!"[53] Time magazine reported that prominent supporters and far-right groups who responded to his call in the January 6 U.S. Capitol attack were reluctant.[125] A demonstration was held by the New York Young Republican Club on March 20, though the presence of journalists vastly outnumbered it.[126] On March 22, a post was made on Trump's Truth Social account featuring two side-by-side images; one image showed Trump with a baseball bat, and the other image showed prosecutor Alvin Bragg.[127] The post was eventually deleted, with Trump explaining in an interview that the post shared an article by the National File, a right-wing blog, that had those side-by-side images, which was why the images appeared in his Truth Social post.[128] On March 23, Trump wrote on Truth Social that "potential death & destruction in such a false charge [of himself] could be catastrophic" for America, and that only an America-hating "degenerate psychopath" would charge him.[127] He also called District Attorney Bragg an "animal", which many have said has racist overtones.[129][130]

Pre-trial

Donald Trump

Trump attributed his indictment to political persecution and election interference, among other things.[131] He sent emails to his supporters asking for donations to "defend our movement from the never-ending witch hunts" and wrote that donations would have a "1,500% impact".[132] The 2024 Trump campaign stated that it received over $4 million of donations in the 24 hours after the indictment was announced,[133] and $7 million within three days.[70]

The day after Trump was indicted, he criticized Juan Merchan, the New York Supreme Court judge set to oversee the case. He claimed that Merchan "hates" him and treated his companies "viciously" in a related case, and that he "strong armed" Trump Organization chief financial officer Allen Weisselberg into accepting a plea deal, though Weisselberg had reached the deal with prosecutors and his own lawyers and Merchan only approved it.[134] Trump also claimed that Merchan had been "hand picked by Bragg & the prosecutors" although judges are randomly assigned and prosecutors had no role in Merchan's assignment.[135][136] After the indictment, Trump and a small number of allies in the GOP advocated cutting funds for the Justice Department and the Federal Bureau of Investigation, with Trump saying in his social media platform that the law enforcement were weaponized by the Democrats.[137]

On February 15, 2024, Trump told reporters that unnamed legal experts believe that "even if he [Trump] was guilty of something, there is no crime."[138]

Legal experts

The indictment raises novel and complex legal issues.[139][140] Legal experts contacted by the New York Times said that the indictment combines business records charges with state election law in a way that had never previously been done in a case involving a federal campaign.[139] According to the Associated Press, the indictment involves difficult legal issues which the defense might be able to use to get it dismissed.[140] Law professor Richard Hasen described the ongoing federal investigations into Trump as "much stronger both legally and factually" than this case.[64]

While the indictment has been published, it does not reveal the District Attorney's "specific legal theory" behind the case; for example, it is not specific about "how each of the charges was elevated to a felony", nor does it "specify the potential underlying crimes". While the law does not require such specificity, attorney Ken White and law professor Richard Klein have commented that this makes it difficult to assess the legal merits of the case.[64][65]

On March 28, 2024, US District Judge Reggie Walton said that Trump's social media attacks on Merchan's daughter were "very troubling" but that Merchan was correct not to use his gag order on Trump to protect himself and his family.[141]

Notes

  1. ^ In New York, falsifying business records is a misdemeanor, but can become a felony if done to further another crime.[11]

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