Here we go. Today in lower Manhattan, Judge Juan Merchan is presiding over the first criminal trial against former president Donald J. Trump. While many of us are using short-hand to describe the case as centered on “hush money payments” provided to adult film star, Stephanie Clifford (“Stormy Daniels”), please keep in mind
Clockwise from top left (New York Supreme Court Judge Juan Merchan, former president Donald J. Trump, Stephanie Clifford (“Stormy Daniels), and Michael Cohen.
that this trial is about much more than sex, lies, and audiotape. Manhattan District Attorney Alvin Bragg’s grand jury indicted Donald Trump in spring of 2023 on 34 counts of falsifying business records in the 1st degree. These records related to the payments made by Donald to reimburse Michael Cohen, acting as if they were compensation for legal services. What’s critical here is that these offenses if not in the first degree would be merely misdemeanors, however they arise to the level of a felony.
Bragg’s team will present evidence of violation of New York criminal law. Specifically prosecutors will show the jury documents and introduce witnesses that establish that Donald Trump falsified business records and intended to “commit another crime or to aid or conceal the commission thereof.” So, that “other crime” is election interference, in violation of state and federal law. Here’s the language of the relevant statute.
The allegations here go to the heart of our democracy, election integrity. The timing of the payments made to Stormy Daniel on Donald Trump’s behalf (something already established given the guilty plea of Michael Cohen back in August of 2018), align with the moment in the 2016 campaign when Donald was under extreme pressure.
I plan to follow the trial from trusted sources who are in the courtroom as well as legal commentators on cable news. Each morning, I’ll reflect back here on what I’ve learned and what I think it means.
Best,
JT
So, if convicted, what will it take for Trump to go to prison if at all?
Great question!