- Trump was indicted on 34 felony counts by the Manhattan Attorney’s Office.
- Legal experts say Trump’s team could take a number of defensive measures.
- They could focus on prosecution, shred Michael Cohen, or drum up political persecution.
Donald Trump is the first to face criminal charges this week after being charged with 34 felony counts of falsifying business records in connection with paying $130,000 in hush money to adult film star Stormy Daniels. Became President of the United States.
Trump is now expected to challenge the charges on several fronts, and his defense starts in a stronger place than you might think. If they’re hoping to get it dismissed, they’re likely to be disappointed, and experts say the case is almost certainly headed for a major trial.
The Manhattan DA office accused the former president of “repeatedly and fraudulently falsifying New York business records to cover up a criminal act of hiding harmful information from voters during the 2016 presidential election.”
But prosecutors left out one detail from the indictment, which legal experts say the defense will no doubt raise: justifying raising the charges against Trump from misdemeanor to felony. What other underlying crimes are being prosecuted?
Missing important details on the billing document
“I think this is really weak,” Ty Cobb, who served as a White House special adviser in the Trump administration, told an insider. I think it very much reflects the fact that there is nothing intelligent about a tightly woven theory, as you can see from the fact that they don’t specify.”
Prosecutors didn’t go into detail about the crimes underlying the indictment documents, but Manhattan DA Alvin Bragg did reveal them during Trump’s post-arraignment press conference.
First, it may violate state election laws and it is illegal to conspire to promote a candidacy by illegal means.
Second, the $130,000 hush payment to Daniels may have violated federal election law because it exceeded the federal election contribution limit.
And a third possible crime was linked to the “catch and kill” scheme Trump and his then-attorney Michael Cohen had with publisher American Media Inc. before the 2016 election. Thing.
Former House counsel and longtime attorney Stan Brand told an insider he believed the “basic theory is flawed and subject to legal challenge.”
Of the alleged state law violations, Bland said, “These are misdemeanors under New York law, and the only way to felony is to link them to another crime.”
To prove Trump committed felony falsification of business records, as opposed to a misdemeanor, state prosecutors must prove he did so to commit or cover up a second crime. is needed.
“As long as it’s under federal law, I don’t know if the states can do it,” Bland said. “It was a federal election, after all.”
“At this stage, the prosecution is contained,” Cobb said. “They have been indicted and they have to defend it. They have become completely reactive and the strategic opportunities available to the defense are quite extreme.”
“Selective or Vengeful Prosecution”
Kevin O’Brien, a former federal prosecutor who specializes in white-collar criminal defense, told an insider that Trump’s legal team would likely also accuse Bragg’s office of political persecution.
In fact, the former president himself, over the years, has faced countless state and federal criminal investigations—including the DA case, the Mueller investigation, the January 6 investigation, and the investigation into classified DOJ documents—that he are the result of a Democratic-led conspiracy to remove them from power and prevent them from running for office again.
Cobb believes Trump’s allegations of persecution have some merit, and said the defense could accuse the DA’s team of “selective or persuasive prosecutions.”
“Under these circumstances, would an American other than the name of Donald J. Trump be prosecuted?” Cobb said. “And the answer is clearly no.”
Focus on Cohen’s credibility
Trump’s team will also seek to undermine Cohen’s credibility as a witness for the prosecution. He pleaded guilty in 2018 to several crimes related to hush money payments, including tax evasion, bank fraud, and campaign finance fraud. and has cooperated in numerous criminal and civil investigations against his former boss.
Trump’s attorneys have suggested they will try to dismiss the lawsuit. But legal experts say the case will almost certainly go to trial, whatever the flaws in the indictment itself.
Mr. O’Brien said of the indictment, “I think it’s good enough to be prosecuted through a motion to dismiss.” “Things go on.”
Former federal prosecutor Shanlong Wu also said the fact that the indictment itself was “naked” made it difficult to dismiss the case on the surface.
“In effect, I think this will be a very strong case for jurors,” Wu said. But he added that some of the potential flaws in the indictment documents could make it easier for Trump to appeal a possible conviction.
“The indictment itself is a boilerplate,” Trump’s lawyer Todd Blanche told reporters on Tuesday. “It’s really disappointing. It’s sad. We’ll fight it.”