by Donald Trump has been charged in two criminal cases for his alleged efforts to overturn the results of the 2020 presidential election, relying on pressure campaigns and groundless legal challenges to cling to power after losing to President Joe Biden.
But his upcoming trial on charges related to a so-called cash scheme to bury politically damaging stories about his alleged affairs is an election interference case that stems from his efforts to win the White House in 2016 in any way, according to prosecutors and legal experts.
The trial, set to begin April 15, serves as a “precursor” to his 2020 cases, all of which are about “inducing voters to hold power,” according to Norm Eisen, former special counsel for the House Judiciary Committee. . majority during the first impeachment of Mr. Trump.
And it is one that could land in prison.
“Some people might think this is a crime without jail time… but when you have falsified business records related to or intended to assist, conceal or commit serious crimes, you receive sentences prisons regularly,” Mr. Eisen told reporters on Thursday. “And this is the most serious case of falsification of business records New York has ever seen.”
The former president has been charged with 34 counts of falsifying business records, which are individually considered misdemeanors. But those charges are elevated to Class E felonies if they are connected to a broader criminal scheme, which in Mr. Trump’s case could include alleged violations of state and federal election laws.
Class E felony convictions in New York can carry a state prison sentence of one to four years.
Mr. Trump’s lack of convictions, his unpredictable behavior in and out of court, and whether jurors can be persuaded by the prosecution’s arguments will determine whether he sees any prison time.
In this case, prosecutors allege that then-candidate Trump was afraid of another politically damaging scandal after the 2005 release Come on Hollywood tape a month before Election Day in 2016.
Stories about his alleged affairs “could blow the Trump campaign away,” Mr. Eisen told reporters Thursday.
Mr Trump has been accused of making “catch and kill” appointments with tabloid publishers and his then-lawyer Michael Cohen to buy rights to stories that would never be published in an effort to keep them away from voters. Mr. Trump then allegedly reimbursed his attorney for making such payments to adult film star Stormy Daniels, with whom he is accused of having an affair, and then falsely documented those payments as “expenses law”.
Manhattan prosecutors hope to explain to jurors that the Come on Hollywood The release of the tape sparked “panic” in his campaign, underscoring the urgency to bury any further stories that would damage his election prospects.
In a radio interview in December, Manhattan District Attorney Alvin Bragg emphasized that the case is not about “money for sex.”
“Let’s say it’s about a conspiracy to corrupt a presidential election,” he said, “and then lie in New York business records to cover it up.”
In his description of the case to potential jurors, New York Judge Juan Merchan also makes clear that the case involves an “unlawful” attempt to influence the outcome of the 2016 election.
He writes that Mr. Trump is accused of falsifying business records “to conceal an agreement with others to unlawfully influence the 2016 presidential election.”
“Specifically, Donald Trump allegedly made or made false business records to conceal the true nature of payments made to Michael Cohen, by characterizing them as payment for legal services rendered pursuant to a retainer agreement,” according to a summary the judge.
Mr Trump, who is building his 2024 campaign platform on the narrative that he is the victim of political persecution, has accused prosecutors of orchestrating a political investigation to damage his re-election chances.
But “obviously this is a case that was brought forward a long time ago … because of the significance and importance of the scheme … to illegally influence the 2016 election,” says former US attorney Mary McCord .
“The notion that this is something new or out of the blue should be dispelled immediately,” said criminal defense attorney Joey Jackson, a former assistant district attorney in Manhattan. “Manhattan has always flexed its muscles when it comes to business records – it’s a great fit.”
Mr Bragg has also stressed that similar financial crimes are the bread and butter of his office. Manhattan prosecutors brought similar charges in more than 400 cases in the decade before Mr. Trump’s indictment, according to court documents.
Falsification of records was the leading charge in at least 42 of those cases.
Last year, Mr Bragg’s office successfully convicted two men who falsified business records as part of an $18m insurance scam.
Legal experts and prosecutors have argued that a simple reading of the evidence in the case, which they claim is evidence, will show the facts of the case that creates the main charge against the former president.
But the broader challenge is proving to jurors that “the intent is established beyond a reasonable doubt,” according to Mr. Eisen. Prosecutors would have to show jurors that Mr. Trump relied on his “catch and kill” arrangement to keep stories of his affairs away from the voting public to maintain his chances of winning the 2016 general election.
“Donald Trump is unlikely to testify and even if he did … he’s unlikely to admit to it,” Mr. Eisen said. “I think the proof is strong, that the criminal intent, the fraudulent intent, the intent to commit federal and state election crimes — I think all of those types men reaTrump’s state of mind, based largely on the evidence.”
