by fnnewz
EXPLAINER
The New York Supreme Court ruled that the case over alleged payments to an adult film star and former Playboy model will continue.
The New York County Supreme Court has rejected Donald Trump’s attempt to dismiss a criminal case accusing him of paying hush money to an adult film star and a former Playboy model. The criminal case, which was filed by Manhattan District Attorney Alvin Bragg in March of last year and which alleges he falsified business records to cover up the payments, will now move forward as planned on March 25. Trump has denied wrongdoing.
Judge Juan Manuel Merchán has already been coordinating with defense attorneys and Manhattan prosecutors to oversee jury selection for what will be the first trial of a former U.S. president in history.
What is this case about?
Prosecutors say the Trump Organization paid “hush money” to prevent embarrassing stories from emerging about Trump’s personal life during the 2016 presidential election.
Trump faces 34 felony counts (criminal charges) related to payments made to adult film star Stormy Daniels and former Playboy model Karen McDougal during his 2016 presidential campaign.
The 34 felony charges include the following:
- 11 charges related to payment checks to Michael Cohen, Trump’s then-lawyer
- 11 charges related to monthly payments for Cohen’s services and expenses
- 12 charges related to falsifying business records
The case centers on payments made to the two women and a Trump Tower doorman who is believed to have information that Trump allegedly fathered a child out of wedlock.
Prosecutors allege that Cohen, Trump’s former lawyer, paid Daniels $130,000 to prevent her from speaking to the US tabloid National Enquirer. They also allege that the Trump campaign paid $150,000 to McDougal to prevent her from selling his story to the National Enquirer.
This measure, known as “catch and kill,” is used to bury stories that could damage a person’s public profile. It would have allowed the Trump campaign to obtain the rights to McDougal’s story about an alleged affair with Trump.
At the time, the National Enquirer, which had agreed to buy the story from McDougal, admitted to intentionally burying the story until after the 2020 election.
According to prosecutors, the Trump Organization paid Cohen an amount that significantly exceeded his original expenses and services as legal counsel. In 2018, Cohen stated that he received a total of $420,000 over several months. The Trump Organization recorded these payments as legal expenses.
What happens if Trump is convicted?
In New York, charges of falsifying business records amount to a “class E felony,” punishable by up to four years in prison. Because presidential pardons only apply to federal crimes (this is a state case), Trump cannot pardon himself even if he becomes president again. Trump leads the race for the Republican Party nomination for the 2024 election, and in several recent polls, he is ahead of incumbent President Joe Biden in key battleground states.
To obtain a conviction, prosecutors will have to prove not only that he falsified – or caused false entries to be made in – business records, which is a misdemeanor, but also that he did so with the intent to conceal another crime.
However, New York records indicate that people convicted of falsifying business records rarely receive prison sentences solely for that crime.
Even if Trump is convicted, he could still run for president this year. The requirements to serve as president of the United States are simple: a candidate must be at least 35 years old, a U.S. citizen by birth, and have resided in the country for at least 14 years.
The constitution does not address whether a person can be prevented from serving as president if he or she has a criminal record or has spent time in prison.
If Trump is not convicted in this specific case, the whole affair could help bolster his support among his MAGA (Make America Great Again) base, which sees it as part of a partisan witch hunt against him.
What other criminal charges is Trump facing?
Trump is the first former US president to face criminal charges. He has been charged in four other cases, both civil and criminal, with the hush money case being the fifth.
- Civil fraud case: Trump is being sued for fraud by New York Attorney General Letitia James under a New York statute known as Executive Law 63(12). The case contends that Trump and other defendants employed “deceptive and inappropriate” techniques to artificially inflate the values of Trump’s properties on paper.
- Georgia election case: Trump and 18 others were charged by Fulton County District Attorney Fani Willis with illegally trying to overturn his loss to Democrat Joe Biden in the 2020 presidential election in Georgia.
- Federal election case: Justice Department special counsel Jack Smith accused Trump in the US District Court of Columbia in August 2023 of conspiring to overturn the results of his election loss to President Biden.
- Classified documents case: Trump was indicted by special counsel Jack Smith in June 2023 in the Southern District Court of Florida for illegally withholding classified documents he took from the White House to Mar-a-Lago after leaving office in January of 2021.
Trump has denied wrongdoing in all cases.
