Former US President Donald Trump is due to appear in a New York City courthouse on Tuesday, when the criminal charges against him – the first against a US president – will be made public. Mr Trump denies any wrongdoing.
The charges are expected to be related to a $130,000 (£105,000) payment made by Mr Trump’s former lawyer Michael Cohen to porn star Stormy Daniels, which was made to keep her quiet about an alleged affair. This is not illegal, but when Mr Trump reimbursed Mr Cohen, the record for the payment says it was for legal fees. Prosecutors say this amounts to Mr Trump falsifying business records, which is a misdemeanour in New York. Mr Trump’s lawyer Joe Tacopina said last week that he believed the case against Mr Trump could include 30 separate charges.
In New York, fraud can be a felony – a more serious crime – if the lie was made with the intent to conceal or commit another crime. Sources close to the case have told US media that they believe at least one of the charges against Mr Trump could be a felony. Most signs point to breaking campaign finance rules – Mr Cohen has already been convicted for breaking campaign finance rules and tax evasion in connection to the payment.
Prosecutors have asked at least one witness questions about a $150,000 payment made to Karen McDougal, a former Playboy magazine Playmate of the Year. Ms McDougal has claimed she had a relationship with Mr Trump in 2006. The money was paid by the National Enquirer, a tabloid magazine, in what media have reported was an attempt to keep her story from being published by any other outlet. It’s not clear if she was questioned to bring separate charges, or to establish a pattern of behaviour by Mr Trump relating to the Stormy Daniels case.
The indictment is expected to set out what prosecutors believe Mr Trump has done, with some information as to how and when, and from that we will get a sense of the case they have built against him. The Manhattan District Attorney’s office routinely prosecutes people for falsifying business records, but convicting a felony charge could be more challenging. Manhattan DA Alvin Bragg would have to prove that Mr Trump knew he was breaking the law and that he falsified business records with the aim of helping his presidential campaign.
Mr Bragg could point to a specific New York election law that bars candidates from conspiring “by unlawful means” to advance a campaign, said Jerry Goldfeder, a New York election and campaign finance lawyer. Mr Trump’s lawyers say the payments to Ms Daniels were made to shield his family from false allegations, and were unrelated to his campaign. Ms Daniels was threatening to cancel her previous nondisclosure agreement to keep the alleged affair a secret, according to The Washington Post.
On Tuesday, former US President Donald Trump is due to appear in a New York City courthouse where criminal charges against him will be made public. This is the first time a US president has faced criminal charges. The charges are expected to be related to a $130,000 payment made by Mr Trump’s former lawyer Michael Cohen to porn star Stormy Daniels, which was made to keep her quiet about an alleged affair.
Prosecutors allege that when Mr Trump reimbursed Mr Cohen for the payment, the record for the payment says it was for legal fees. This amounts to Mr Trump falsifying business records, which is a misdemeanour in New York. Sources close to the case have said that they believe at least one of the charges against Mr Trump could be a felony – most likely breaking campaign finance rules.
Prosecutors have also asked at least one witness questions about a $150,000 payment made to Karen McDougal, a former Playboy magazine Playmate of the Year who claims she had a relationship with Mr Trump in 2006. It is not clear if she was questioned to bring separate charges or to establish a pattern of behaviour by Mr Trump relating to the Stormy Daniels case.
The indictment is expected to set out what prosecutors believe Mr Trump has done and how and when he did it. To convict on a felony charge, Manhattan DA Alvin Bragg would have to prove that Mr Trump knew he was breaking the law and that he falsified business records with the aim of helping his presidential campaign. Mr Bragg could point to a specific New York election law that bars candidates from conspiring “by unlawful means” to advance a campaign.
Most felony fraud cases carry a maximum of about five years in prison, although it is common for convicts to be sentenced to just probation or a fine. Even if convicted, it is highly unlikely that the former president could be legally prevented from running in a future presidential election.