Donald Trump could soon be criminally indicted in New York: report

09 March 2023

Prosecutors inside Manhattan District Attorney Alvin Bragg's office may be preparing to file criminal charges against former President Donald Trump for paying adult film star Stormy Daniels $130,000 to keep quiet about their relationship ahead of the 2016 election, The New York Times reported on Thursday.

"The prosecutors offered Mr. Trump the chance to testify next week before the grand jury that has been hearing evidence in the potential case, the people said. Such offers almost always indicate an indictment is close; it would be unusual for the district attorney, Alvin L. Bragg, to notify a potential defendant without ultimately seeking charges against him," the Times wrote.

"In New York, potential defendants have the right to answer questions in the grand jury before they are indicted, but they rarely testify, and Mr. Trump is likely to decline the offer," the paper stated. "His lawyers could also meet privately with the prosecutors in hopes of fending off criminal charges."

Trump's ex-personal counsel Michael Cohen, who served about a year in prison for facilitating the transaction, "is expected to testify in front of the grand jury, but has not yet done so," the Times continued.

"In the federal case against Mr. Cohen, prosecutors said that Mr. Trump's company 'falsely accounted' for the monthly payments as legal expenses and that company records cited a retainer agreement with Mr. Cohen. Although Mr. Cohen was a lawyer, and became Mr. Trump's personal attorney after he took office, there was no such retainer agreement and the reimbursement was unrelated to any legal services Mr. Cohen performed," the Times pointed out.

"In New York, falsifying business records can amount to a crime, albeit a misdemeanor. To elevate the crime to a felony charge, Mr. Bragg's prosecutors must show that Mr. Trump's 'intent to defraud' included an intent to commit or conceal a second crime," the outlet noted, further adding that "in this case, that second crime could be a violation of New York State election law. While hush money is not inherently illegal, the prosecutors could argue that the $130,000 payout effectively became an improper donation to Mr. Trump's campaign, under the theory that because the money silenced Ms. Daniels, it benefited his candidacy."

The Times' full report is available at this link (subscription required).

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