The Daily Observer London Desk: Reporter- Donna Robert
The indictment unsealed Tuesday against former President Donald Trump charged him with 34 felony counts of falsifying business records for his role in paying $310,000 in hush money to silence three individuals who threatened to come forward with salacious stories, including allegations of sexual encounters with Mr. Trump.
Appearing in a New York courtroom, Mr. Trump pleaded not guilty to the charges, which mark him as the first former commander-in-chief in U.S. history to face criminal counts.
Prosecutors with the Manhattan district attorney’s office say Mr. Trump illegally falsified business records at his firm when he logged the payoffs as other expenses, including a monthly legal retainer.
Falsifying business records in New York state is a misdemeanor, but Manhattan District Attorney Alvin Bragg bumped up charges to felonies, arguing that Mr. Trump’s actions were aimed at concealing violations of election laws.
Under New York law, falsifying business records can be charged as felony if it was done to cover up a second crime. As Mr. Bragg tells it, Mr. Trump’s second crime was trying to influence the 2016 presidential election by squashing negative stories about him.
“From August 2015 to December 2017, the defendant orchestrated a scheme with others to influence the 2016 presidential election by identifying and purchasing negative information about him to suppress its publication and benefit the defendant’s electoral prospects,” Mr. Bragg wrote in the Statement of Facts, which accompanied the indictment.
Prosecutors say Mr. Trump orchestrated a “catch and kill” scheme in which intermediaries prevented accusers from coming forward by paying them off. Mr. Trump would reimburse his associates and then conceal those payments through false business entries.
In one instance, prosecutors say, former publisher of the National Enquirer tabloid, paid $30,000 to a former Trump Tower doorman who claimed Mr. Trump had a child out of wedlock. Mr. Trump has denied the claim and no public evidence has ever emerged to support it.
Prosecutors also allege that American Media paid $150,000 to former Playboy model Karen McDogual, and Mr. Trump’s former lawyer and fixer Michael Cohen paid $130,000 to adult film star Stormy Daniels to stop both of those women from coming forward about sexual encounters with the president. Mr. Trump has repeatedly denied both affairs, but said he was aware of the payments.
Mr. Trump reimbursed Mr. Cohen for the funds, but logged the expenses in the Trump Organization as “monthly retainer.”
“Manhattan is home to the country’s most significant business market. We cannot allow New York businesses to manipulate their records to cover up criminal conduct,” Mr. Bragg said in a statement. “As the Statement of Facts describes, the trail of money and lies exposes a pattern that, the People allege, violates one of New York’s basic and fundamental business laws. As this office has done time and time again, we today uphold our solemn responsibility to ensure that everyone stands equal before the law.”
