Analysis: Manhattan D.A. Alvin Bragg accuses Donald Trump of a wide-reaching scheme to illegally influence the 2016 presidential election by suppressing negative stories about himself. Here’s what the indictment says about the crimes Trump is charged with.
What Trump wanted to keep quiet included allegations he had engaged in a sexual dalliance with an adult-film actress and an affair with a Playboy model, and fathered a child out of wedlock, Bragg said in state court documents.
Falsifying business records is a felony in New York only when it is committed with an intent to commit or conceal another crime. At a news conference Tuesday after Trump appeared in court, Bragg, a Democrat, said prosecutors believe that Trump, a Republican, faked his business records as a way to cover up the election scheme, which he said was illegal under New York state election law and involved a campaign contribution that exceeded the cap set by federal law.
For Trump critics, the charges were long overdue. They urged patience to allow Bragg’s office time to unspool the evidence gathered in the lengthy probe in court and try the case before a jury. Proving the payment to Daniels was intended to influence the campaign — a key part of showing it violated election laws — is also not likely to be a slam dunk, legal analysts said.Trump’s lawyers have signaled they will argue that Trump wanted Daniels paid to keep her accusations from his family and not to influence the presidential campaign.
But while the court documents unsealed Tuesday provide copious details of written records that demonstrate Trump falsely described the reimbursement payments to Cohen, they provide fewer details about evidence — beyond Cohen’s word — that Trump directed Cohen to pay Daniels in the first place and did so to win the election.
Trump’s lawyers have said they are likely to urge a judge to toss out the case before it goes to trial. Another issue they have said they will probably cite is the statute of limitations for nonviolent felonies, which in New York expires after five years. According to the indictment, Trump is most recently accused of falsifying business records in this case on Dec. 5, 2017 — more than five years ago.
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