A Manhattan jury found Donald Trump guilty of falsifying business records to conceal payments about him to suppress unflattering stories. The case of obstruction of public office in New York
A Manhattan jury found former President Donald Trump guilty on all counts in a case accusing him of falsifying business records to conceal payments he made to suppress unflattering stories about him.
There was no dispute over the facts of the payments and invoices labeled as legal services. What prosecutors needed to prove was that Trump falsified the records in order to further another crime — in this case violating the New York election law that makes it a crime for “any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means.” The jurors were able to decide if the means were violating the Federal Elections Campaign Act, or if they were simply messing with tax returns.
The verdict needs to be unanimous. The jury is deemedhung if it can’t agree, and a mistrial will be declared. The district attorney will have to make a decision on whether to try the case again.
On Wednesday, New York Judge Juan Merchan reminded the jury of their promise to be impartial and leave their biases at the door. He told the jury that some of the evidence they might hear in the trial, such as former Trump attorney Michael Cohen’s guilty plea to violating federal campaign finance laws, are only used to establish the credibility of other witnesses.
Merchan also explained how the jury should define the law at hand, which includes the intent to defraud and falsify business records. According to him, prosecutors argued that Trump intended to hide his violation of New York election law by faking business records.
In order to determine this, the jury may look at three of the prosecution’s theories: Federal Election Campaign Act violation, falsification of other business records or violation of tax laws.
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The jurors will head into a room, give up their cellphones, and begin deliberation. They have one computer with all the evidence. They will deliberate until at least 4:30 p.m. Wednesday. Trump’s legal teams have been told not to leave the building unless there is a jury note that indicates a question or a possible verdict.
The two witnesses that the defense presented were the attorneys who wanted to represent Cohen after his home and office were searched by the FBI. Cohen had accused Costello of trying to get Cohen to stay on the team. The emails shows that Trump was deciding which lawyers he wanted to pay, and that the appearance that we are following instructions from Giuliani or the president, was something that Costello was concerned about.
In August 2015, two months after Trump announced his 2016 presidential bid, David Pecker, then the publisher of the National Enquirer tabloid, met with Trump and Cohen at Trump Tower, according to Pecker’s testimony.
Over the next year, Pecker said he carried out this role. His testimony was corroborated by Keith Davidson, an attorney who represented both Daniels and former Playboy model Karen McDougal. In June of 2016 McDougal was considering going public with her story of an affair with Trump. The expectation was that Trump would pay for the rights to the story. That never happened.
In early October 2016, according to the testimony of former Trump communications aide Hope Hicks, the campaign was rocked by the release of the Access Hollywood tape, where Trump could be heard boasting “When you’re a star they let you do it. You can do what you want. Grab ’em by the p****.”
In her testimony, Daniels testified that there was a “power imbalance” that made her feel she had to have sex with Trump, when, after leaving the suite’s restroom, she found Trump on the hotel bed in his underwear.
She testified that Trump had offered a job on the show. This detail — that the sex wasn’t entirely wanted — caused the defense to request a mistrial, which was denied. It also provided a motive for Trump to suppress the story. Prosecutors said Trump knew what happened in the hotel room, and didn’t want it to come out. Some of the intimate details of the alleged sexual encounter that the adult film actor mentioned in her testimony are not necessary, because Judge Merchan agreed with the defense.
As October drew to a close, Cohen testified, he frantically opened bank accounts and tried to come up with a way to pay the $130,000 to keep Daniels quiet. But Trump, Cohen said, wanted to delay the payment until after the election, with the idea that after that it wouldn’t matter if Daniels was paid.
This point, that Trump was making the payment to influence the election by keeping women voters on board, was corroborated by a number of other witnesses. Hicks testified Trump, by then in the White House, told her that it was better the story came out in 2018, rather than 2016.
The payments would be referred to as a legal retainer. (Weisselberg, who is serving jail time for perjury in Trump’s civil fraud trial, did not testify.)
Cohen said he and Weisselberg met with Trump just before he left for Washington, on or about Jan. 17, 2020. Cohen said Trump approved the deal, saying at the end of the meeting that “it was going to be one heck of a ride,” in Washington. Cohen said he and Trump discussed the arrangement again, in early February, in the Oval Office. White House records and photos show that the two met in the Oval Office.
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If Trump is convicted, Merchan would later issue the sentence, which may or may not include prison time; some legal experts believe imprisonment for a former president is unlikely. A conviction does not prevent Trump from being the GOP nominee, nor continuing his bid for president. His legal team would probably appeal the decision they received in the New York civil trial.
The jurors range from all over Manhattan, including Harlem, Hell’s Kitchen, Murray Hill and the Upper West Side. They are litigators, teachers, physical therapists and investment bankers. They have a wide range of hobbies including hiking, fly fishing and exploring New York City. There are seven men and five women.
The jury has been kept anonymous due to safety concerns. Only lawyers have access to the names of jurors, and they’re not allowed to be photographed or recorded.
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The people are going to make a decision on November 5th. We did not do a thing wrong. I’m a very innocent man.” He also blamed the Biden administration for the trial, even though the charges were not brought by the federal government, but rather the Manhattan district attorney’s office — an independent local enforcer. The X account for Trump’s presidential campaign posted an image Thursday evening, showing him with his fist raised and the words “NEVER SURRENDER,” along with a link to his campaign site.
CNN and The New York Times both reported that the demeanor of Trump quickly changed from lighthearted to serious when he heard a verdict had been reached.
The former president will be fighting challenges over his retention of classified documents in his bathroom at Mar-a-Lago and his phone call to a Georgia election official asking for help in winning the state.
This likely is the only criminal case that will be heard by voters in the upcoming presidential election in November due to delays in federal and state trials in Washington, D.C., and Florida.
The latest NPR/PBS NewsHour/Marist poll, from May, showed that 17% of voters said they would be less likely to vote for Trump if he is convicted, while 15% said they would be more likely to vote for him. If Trump are found guilty in the trial, all registered voters say there won’t be a difference to their vote.
Republicans quickly dismissed the indictment as an overreach of power by Democratic District Attorney Alvin Bragg, who had brought the charges. Trump has continually blasted the case as “election interference” affecting his 2024 campaign.
On Thursday, 12 New York jurors said they unanimously agreed that Trump falsified business records to conceal a $130,000 hush money payment to adult film star Stormy Daniels to influence the 2016 contest.
