After ex-President Donald Trump was indicted by a Manhattan grand jury, all eyes will now be on the indictment. This legal document outlines the charges.
The court has not yet sealed the document, but it is likely that the charges relate to Trump’s $130,000 payment to Michael Cohen, his former lawyer, to Stormy Daniels, on the eve before the 2016 election. According to NBC News and other outlets, the report was first reported by NBC News. Cohen claims the money was meant to keep her silent about an affair she claimed she had in 2006 with Trump. Federal prosecutors claim that this was done to influence the 2016 election outcome. Trump has repeatedly denied any wrongdoing and maintained that there was no affair.
These are five legal issues you should be aware of when court papers are published.
What is the legal theory?
Prosecutors could charge Trump with falsifying business records of Trump Organization in order to hide money he had given Cohen for “legal expenses.” This is a misdemeanor.
New York law makes falsification a crime. Prosecutors must prove that falsification was done in an effort to conceal or to commit “another offense.” What’s the second crime in this case? We don’t yet know.
It’s considered a federal campaign violation. Federal law usually prevails over state law in federal election crimes. No court has ever upheld a jury verdict on this ground.
What evidence is there to support the claim that it’s a state-level crime such as a conspiracy accus?
Is there a crime that is not known to the public?
Manhattan’s Prosecutors had previously rejected to charge Trump with the alleged hush-money scheme. The federal investigation into Trump regarding the issue was abandoned long ago.
Are there other alleged crimes that have yet to be exposed in this new indictment. A former special prosecutor Mark Pomerantz described a financial fraud case that Trump was involved in in a book. However, District Attorney Alvin Bragg didn’t prosecute.
Are any of these allegations likely to resurface? Trump’s long-serving chief financial officer, Allen Weisselberg was sentenced to five years in prison for his role as a tax fraud investigator. It remains to be seen how his role will be described in the new indictment.
How can prosecutors prove Trump’s intent to defraud?
New York’s law regarding falsifying business records requires that there be an “intent to defraud”.
New York prosecutors brought several cases in the past involving fake business records. However, these cases usually involved someone submitting the fake records a third party like an insurance company or tax agency. Did Trump’s business records listing checks he made to Cohen “legal expenses” ever make it to the public? What is the prosecution’s theory on who was hurt?
What does the indictment reveal about Trump’s and Cohen’s roles
Cohen is an important witness in this case, but the prosecution cannot base their entire case solely on Cohen’s testimony. New York law prohibits anyone from being convicted based on testimony of an accomplice to the crime. What is the corroborating evidence?
Trump’s lawyers have suggested that Cohen paid Daniels without Trump’s knowledge or blessing or that Trump was just following his former-lawyer’s advice. But federal prosecutors stated that Cohen ” acted with and under the direction of“. What are the contents of contemporaneous documents?
Are you referring to a “speaking” accusation?
Sometimes, prosecutors file a simple charging document that does not reveal much. Other cases see prosecutors present a more detailed picture of their allegations, known as a speaking accusation. This is because they don’t need to reveal all the details necessary to prove the crime. Which route are they taking?
