NEW YORK (AP) — Donald Trump tried to illegally influence the 2016 presidential election by preventing damaging stories about his personal life from becoming public, a prosecutor told jurors Monday at the start of the former president's historic hush money trial.
A defense lawyer countered by saying that Trump was “innocent" and by attacking the integrity of the onetime Trump confidant who's now the government's star witness. Trump's attorney said the case should never have been brought.
The opening statements launched the first criminal trial of a former American president, a case unfolding against the backdrop of a closely contested White House race in which Trump is not only the presumptive Republican nominee but also a defendant facing the prospect of a felony conviction and prison.
The trial will offer weeks of salacious and unflattering testimony about an effort by the then-celebrity candidate to stifle story he feared could torpedo his candidacy, including a porn star's claims of an extramarital affair a decade earlier.
Prosecutors at the outset sought to elevate the gravity of the case, the first of four criminal prosecutions against Trump, to reach a jury, by framing it as about election interference. The depiction seemed intended to rebut criticism that the allegations at the heart of the case are less grievous than those of the three other cases, which center on charges of hoarding classified documents and subverting democracy.
“The defendant, Donald Trump, orchestrated a criminal scheme to corrupt the 2016 presidential election. Then he covered up that criminal conspiracy by lying in his New York business records over and over and over again,” prosecutor Matthew Colangelo told jurors.
The statements offered the 12-person jury — and the voting public — a roadmap for how to view the allegations at the heart of the case.
They also served as an introduction to the colorful cast of characters that comprise the tawdry saga, including a porn actor who says she had a sexual encounter with Trump; the lawyer who prosecutors say paid her to keep quiet about it; and the tabloid publisher who agreed to function as the campaign's “eyes and ears.”
Trump faces 34 felony counts of falsifying business records — a charge punishable by up to four years in prison — though it’s not clear if the judge would seek to put him behind bars. A conviction would not preclude Trump from becoming president again, but because it is a state case, he would not be able to attempt to pardon himself if found guilty. He has repeatedly denied any wrongdoing.
The case brought by Manhattan District Attorney Alvin Bragg revisits a chapter from Trump’s history when his celebrity past collided with his political ambitions and, prosecutors say, he scrambled to stifle stories that he feared could torpedo his campaign.
In his opening statements, Colangelo traced the origins of the effort to the emergence late in the 2016 campaign of the 2005 “Access Hollywood” recording in which Trump could be heard boasting about grabbing women sexually without their permission.
“The impact of that tape on the campaign was immediate and explosive,” Colangelo said, recounting for jurors how prominent Trump allies withdrew their endorsements and condemned his language.
The prosecutor said evidence will show the Republican National Committee even considered whether it was possible to replace Trump with another candidate.
Within days of the “Access Hollywood” tape becoming public, Colangelo told jurors that The National Enquirer alerted Cohen that porn actor Stormy Daniels was agitating to go public with her claims of a sexual encounter with Trump in 2006.
“At Trump’s direction, Cohen negotiated a deal to buy Ms. Daniels’ story to prevent American voters from hearing that story before Election Day,” Colangelo told jurors.
The prosecutor described other payments as well that were part of what's known in the tabloid industry as a “catch-and-kill” ploy — catching a potentially damaging story by buying the rights to it and then suppressing or killing it through agreements that prevent the paid person from telling the story to anyone else.
Colangelo also talked about arrangements made to pay a former Playboy model $150,000 to suppress her claims of a nearly yearlong affair with the married Trump. Colangelo said Trump “desperately did not want this information about Karen McDougal to become public because he was worried about its effect on the election.”
He told jurors they will hear a recording Cohen made in September 2016 of himself briefing Trump on the plan to buy McDougal’s story. The recording was made public in July 2018. Colangelo told jurors they hear Trump in his own voice, saying: “What do we got to pay for this? One-fifty?”
Trump arrived at the courthouse shortly before 9 a.m., minutes after castigating the case in capital letters on social media as “election interference” and a “witch hunt.”
The trial will require him to spend his days in a courtroom rather than on the campaign trail, a reality he complained about Monday when he lamented to reporters that he was “here instead of being able to be in Pennsylvania and Georgia and lots of other places campaigning, and it’s very unfair.”
Just as Trump sat through a jury selection process in which multiple prospective jurors expressed negative opinions about him, he will be forced to remain in court as salacious and potentially unflattering details about his personal life are shared with the jury.
Trump has nonetheless sought to turn his criminal defendant status into an asset for his campaign, fundraising off his legal jeopardy and repeatedly railing against a justice system that he has for years claimed is weaponized against him.
Hearing the case is a jury that includes, among others, multiple lawyers, a sales professional, an investment banker and an English teacher. As court began Monday, Judge Juan Merchan disclosed that one of the jurors selected for the case had conveyed reservations about participating, apparently because of the intense media attention. The juror was questioned privately but will remain on the case.
The case will test jurors' ability to set aside any bias but also Trump's ability to abide by the court's restrictions, such as a gag order that bars him from attacking witnesses. Prosecutors are seeking fines against him for alleged violations of that order.
Prosecutors say Trump obscured the true nature of the payments in internal records when his company reimbursed Cohen, who pleaded guilty to federal charges in 2018 and is expected to be a star witness for the prosecution.
Trump has denied having a sexual encounter with Daniels, and his lawyers argue that the payments to Cohen were legitimate legal expenses.
To convict Trump of a felony, prosecutors must show he not only falsified or caused business records to be entered falsely, which would be a misdemeanor, but that he did so to conceal another crime.
The allegations don't accuse Trump of an egregious abuse of power like the federal case in Washington charging him with plotting to overturn the 2020 presidential election, or of flouting national security protocols like the federal case in Florida charging him with hoarding classified documents.
But the New York prosecution has taken on added importance because it may be the only one of the four cases against Trump that reaches trial before the November election. Appeals and legal wrangling have delayed the other three cases.
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NEW YORK (AP) — For the first time in history, prosecutors will present a criminal case against a former American president to a jury Monday as they accuse Donald Trump of a hush money scheme aimed at preventing damaging stories about his personal life from becoming public.
A 12-person jury in Manhattan is set to hear opening statements from prosecutors and defense lawyers in the first of four criminal cases against the presumptive Republican nominee to reach trial.
The statements are expected to give jurors and the voting public the clearest view yet of the allegations at the heart of the case, as well as insight into Trump's expected defense.
Attorneys will also introduce a colorful cast of characters who are expected to testify about the made-for-tabloids saga, including a porn actor who says she had a sexual encounter with Trump and the lawyer who prosecutors say paid her to keep quiet about it.
Trump is charged with 34 felony counts of falsifying business records and could face four years in prison if convicted, though it’s not clear if the judge would seek to put him behind bars. A conviction would not preclude Trump from becoming president again, but because it is a state case, he would not be able to attempt to pardon himself if found guilty. He has repeatedly denied any wrongdoing.
Unfolding as Trump vies to reclaim the White House, the trial will require him to spend his days in a courtroom rather than the campaign trail. He will have to listen as witnesses recount salacious and potentially unflattering details about his private life.
Trump has nonetheless sought to turn his criminal defendant status into an asset for his campaign, fundraising off his legal jeopardy and repeatedly railing against a justice system that he has for years claimed is weaponized against him.
Hearing the case is a jury that includes, among others, multiple lawyers, a sales professional, an investment banker and an English teacher.
The case will test jurors' ability to set aside any bias but also Trump's ability to abide by the court's restrictions, such as a gag order that bars him from attacking witnesses. Prosecutors are seeking fines against him for alleged violations of that order.
The case brought by Manhattan District Attorney Alvin Bragg revisits a chapter from Trump’s history when his celebrity past collided with his political ambitions and, prosecutors say, he sought to prevent potentially damaging stories from surfacing through hush money payments.
One such payment was a $130,000 sum that Michael Cohen, Trump’s former lawyer and personal fixer, gave to porn actor Stormy Daniels to prevent her claims of a sexual encounter with Trump from emerging into public shortly before the 2016 election.
Prosecutors say Trump obscured the true nature of the payments in internal records when his company reimbursed Cohen, who pleaded guilty to federal charges in 2018 and is expected to be a star witness for the prosecution.
Trump has denied having a sexual encounter with Daniels, and his lawyers argue that the payments to Cohen were legitimate legal expenses.
To convict Trump of a felony, prosecutors must show he not only falsified or caused business records to be entered falsely, which would be a misdemeanor, but that he did so to conceal another crime.
The allegations don't accuse Trump of an egregious abuse of power like the federal case in Washington charging him with plotting to overturn the 2020 presidential election, or of flouting national security protocols like the federal case in Florida charging him with hoarding classified documents.
But the New York prosecution has taken on added importance because it may be the only one of the four cases against Trump that reaches trial before the November election. Appeals and legal wrangling have delayed the other three cases.
Here's a look at the key players in the historic first criminal trial of a former U.S. president:
DEFENDANT
DONALD TRUMP — The former president of the United States and the presumptive Republican nominee, who parlayed his success as reality television star and celebrity businessman and won the presidential election in 2016, becoming America’s 45th president. The trial involves allegations that he falsified his company’s records to hide the true nature of payments to Cohen, who helped bury negative stories about him during the 2016 presidential campaign. He’s pleaded not guilty.
WITNESSES
MICHAEL COHEN — Trump’s former lawyer and fixer. He was once a fierce Trump ally, but now he’s a key prosecution witness against his former boss. Cohen worked for the Trump Organization from 2006 to 2017. He later went to federal prison after pleading guilty to campaign finance violations relating to the hush money arrangements and other, unrelated crimes.
STORMY DANIELS — The porn actor who received a $130,000 payment from Cohen as part of his hush-money efforts. Cohen paid Daniels to keep quiet about what she says was a sexual encounter with Trump years earlier. Trump denies having sex with Daniels.
KAREN MCDOUGAL — A former Playboy model who said she had a 10-month affair with Trump in the mid-2000s. She was paid $150,000 in 2016 by the parent company of the National Enquirer for the rights to her story about the alleged relationship. Trump denies having sex with McDougal.
DAVID PECKER — The National Enquirer’s former publisher and a longtime Trump friend. Prosecutors say he met with Trump and Cohen at Trump Tower in August 2015 and agreed to help Trump’s campaign identify negative stories about him.
HOPE HICKS — Trump’s former White House communications director. Prosecutors say she spoke with Trump by phone during a frenzied effort to keep allegations of his marital infidelity out of the press after the infamous “Access Hollywood” tape leaked weeks before the 2016 election. In the tape, from 2005, Trump boasted about grabbing women without permission.
PROSECUTORS
ALVIN BRAGG — A former civil rights lawyer and law professor, Bragg is a Democrat in his first term as Manhattan’s district attorney. He inherited the Trump investigation when he took office in 2021. He oversaw the prosecution of Trump’s company in an unrelated tax fraud case before moving to indict Trump last year.
MATTHEW COLANGELO — A former high-ranking Justice Department official who was hired by Bragg in 2022 to lead the Trump investigation. They previously worked together on Trump-related matters at the New York attorney general’s office.
JOSHUA STEINGLASS — A Manhattan prosecutor for more than 25 years, he has worked on some of the office’s more high-profile cases, including the Trump Organization's tax fraud conviction in 2022, and cases involving violent crimes.
SUSAN HOFFINGER — The chief of the district attorney's Investigation Division, she returned to the office in 2022 after more than 20 years in private practice with her sister, Fran. She worked with Steinglass on the Trump Organization tax fraud prosecution.
TRUMP’S LAWYERS
TODD BLANCHE — A former federal prosecutor, Blanche previously represented Trump’s former campaign chairman, Paul Manafort, in a mortgage fraud case — and got it thrown out. Blanche successfully argued that the case, brought by the same prosecutor’s office now taking on Trump, was too similar to one that landed Manafort in federal prison and therefore amounted to double jeopardy.
SUSAN NECHELES — A former Brooklyn prosecutor, Necheles is a respected New York City defense lawyer who represented Trump’s company at its tax fraud trial last year. In the past she served as counsel to the late Genovese crime family underboss Venero Mangano, known as Benny Eggs, and defended John Gotti’s lawyer, Bruce Cutler, in the early 90s.
EMIL BOVE — A star college lacrosse player, Bove was a veteran federal prosecutor in the Southern District of New York. He was involved in multiple high-profile prosecutions, including a drug-trafficking case against the former Honduran president’s brother, a man who set off a pressure cooker device in Manhattan and a man who sent dozens of mail bombs to prominent targets across the country.
THE JUDGE
JUAN M. MERCHAN — The judge presiding over the case. He was also the judge in the Trump Organization’s tax fraud trial in 2022 and is overseeing a border wall fraud case against longtime Trump ally Steve Bannon. Merchan has twice denied requests by Trump’s lawyers that he step aside from the case. They contend he is biased because his daughter runs a political consulting firm that has worked for Democrats, including President Joe Biden. Merchan has said he is certain of his “ability to be fair and impartial.”