On March 30, 2023, Donald J Trump was indicted by a Manhattan Grand Jury on a string of charges related to hush money payments during his 2016 presidential campaign. The prosecutor, Manhattan District Attorney Alvin Bragg, has brought 34 counts of Falsifying Business Records of the First Degree, violating Penal Law §175.10.
The first event sparking the string of hush money payments was when American Media Inc. (“AMI”) paid 30,000 USD to a former Trump Tower doorman who claimed that Mr.Trump had a child out of wedlock (Child when one’s parents are not married)
In the second event, AMI paid 150,000 USD to a woman who alleged she had sexual relations with Mr.Trump. Mr.Trump explicitly directed a lawyer, who then worked for the Trump Organization as Trump’s Special Counsel (“Special Counsel”), to reimburse AMI in cash. The Special Counsel indicated to Mr.Trump that payment should be made by a shell company and not by cash. AMI decided to reject reimbursement after consulting with their counsel. AMI would later admit its conduct was unlawful in an agreement with federal prosecutors, they also admitted that they made false entries in its business records concerning the 150,000 USD payment.
In the third event, 12 days before the presidential general election, the Special Counsel wired 130,000 USD to an attorney for an adult film actress. The Special Counsel has since pleaded guilty and served time in prison for making an illegal campaign contribution through a shell corporation funded through a bank in Manhattan.
After Mr.Trump won the election, he would reimburse the Special Counsel through monthly checks. The checks first came from Donald J. Trump Revocable Trust. This company was created in New York to hold the Trump Organization’s assets during Mr.Trump’s presidency. The checks would stop from this company and then directly from Mr.Trump’s bank account
The charges allege 11 false invoices created by a shell company, 12 falsified general ledger entries, and 11 checks falsely recording hush money repayments as “Retainer”. Of the 11 alleged false checks, 9 were signed by Mr.Trump and were illegally disguised as payment for legal services rendered pursuant to a non-existent retainer agreement. In total, 34 false entries were made in the New York business records pertaining to the 11 checks to conceal and initial covert 130,000 USD payment. Other participants in the affair took steps that mischaracterized the reimbursement’s true nature for tax purposes.
The former president has expressed his own shock at the charges and denounced the case, calling it a “Witch Hunt”. The charges carry a maximum sentence of over 100 years in prison under New York law, but if he were to be convicted it would certainly be less than that. He would enter the Manhattan Criminal Courthouse in New York on April 4th, 2023, and a plea not guilty to all charges. After April 4th, he would return to his home at Mar-a-Lago in Florida and would claim the case was strictly to interfere with his 2024 presidential campaign.
The case is currently in the process of “discovery” where within 65 days of the defendant’s appearance in court, all evidence by the prosecution would be shared with the defendant and his legal advisors. Prosecutors say that the process of discovery would not begin until both parties could come to an agreement with a protective order governing how the materials would be handled or discussed. The main concern of Prosecutors is preventing Mr.Trump from posting evidence from the case on social media and/or using evidence for political purposes. Mr. Trump’s lawyers would object to at least one of the requests and file a motion to dismiss the case, which would have the case and charges thrown out entirely. Mr.Trump’s lawyers would also seek to move the case outside of the Manhattan area citing that “He does not believe he can get a fair trial in Manhattan, a liberal enclave where he is deeply unpopular”. Justice (Judge) Juan Merchan has set the next hearing in the case, when he will rule on motions for dismissal and motions to move the case out of the Manhattan area, on December 4th, 2023.
This case seems to be an uphill battle for both sides and is historic for being the first president to be charged with criminal activity. The effects of these charges against the former president have yet to be seen in his political campaign aside from opposition party members. The former president still intends to campaign for re-election in 2024 despite the charges and press coverage.
