New York Daily News

Bragg’s case is Trump’s Watergate

- BY NICK AKERMAN Akerman was formerly an assistant special Watergate prosecutor and an assistant U.S. attorney for the Southern District of New York.

It is all but certain that Manhattan District Attorney Alvin Bragg’s prosecutio­n of former President Donald Trump, starting March 25, will be the first of the four Trump criminal cases to go to trial. The convention­al wisdom that the Manhattan DA’s criminal prosecutio­n is the weak stepsister of the pending Trump criminal prosecutio­ns is misguided. What gives this case its killer gravitas is the DA’s overwhelmi­ng evidence against Trump on the crimes charged and Trump’s motive for committing those crimes.

Trump’s motive mimics former President Richard Nixon’s playbook in covering-up the Watergate scandal. As presidenti­al candidates, both concealed from the voting public the unsavory facts that each knew spelled certain defeat in their presidenti­al races. To facilitate that concealmen­t, Nixon engaged in the federal crime of obstructio­n of justice, and Trump perpetrate­d the state crime of falsifying business records.

In June 1972, nearly five months before the presidenti­al election, five men were arrested during a break-in at the Democratic National Committee Headquarte­rs at the Watergate complex in Washington, D.C. Their mission, directed by Nixon’s Committee to Reelect the President, had been to steal informatio­n from the Democratic opposition.

In response to those arrests, Nixon orchestrat­ed an unlawful scheme to prevent law enforcemen­t, and in turn, the voting public from learning about his connection to the burglary. To buy their silence, Nixon authorized the payment of $1 million in “hush money” to the arrested burglars.

Similarly, the Manhattan indictment alleges that Trump “orchestrat­ed” “with others” an “unlawful scheme,” which “hid damaging informatio­n from the voting public during the 2016 presidenti­al election.” The motive was “to influence the 2016 presidenti­al election by identifyin­g and purchasing negative informatio­n about him [Trump] to suppress its publicatio­n and benefit [his] electoral prospects.”

The negative informatio­n Trump sought to suppress was not a burglary to steal informatio­n but rather an effort to bury informatio­n about his sexual exploits with adult film actress Stormy Daniels and former Playboy Playmate Karen McDougal.

Trump knew that such bombshell disclosure­s prior to the 2016 election would torpedo his electabili­ty; particular­ly coming on top of the “Access Hollywood” tape (“grab them by the ...”) and claims of sexual impropriet­y by multiple women. To buy their silence, Trump arranged for “hush money” to be paid to Daniels and McDougal.

In another plot twist taken from the Nixon-Watergate story line, both men were captured on tape directing their cover-ups. In a March 21, 1973, tape recorded conversati­on, Nixon tells John Dean, his White House counsel, “John — and you had the right plan, let me say, I have doubts about the right plan before the election. And you handled it just right. You contained it.”

Forty-three years later, in a September 2016 tape recorded conversati­on between Trump and his lawyer and fixer Michael Cohen, they discuss elements of the illegal plot to contain the public release of Daniels’ and McDougal’s salacious stories. They speak about “how to reimburse” David Pecker, then owner of the National Enquirer, for the “one-fifty” [$150,000] payment to McDougal on Trump’s behalf.

Trump and Cohen also acknowledg­e “the need to open a company for the transfer” of the funds that were paid to Daniels, and the assistance of Trump Organizati­on CFO Allen Weisselber­g in facilitati­ng the payments.

In another history repeating itself moment, the details of both presidents’ cover-up plots were ultimately disclosed by their lawyers, Dean and Cohen, after being confronted by law enforcemen­t. Not surprising­ly, both Nixon and Trump continued to lie and viciously attacked their lawyers once they began cooperatin­g with government prosecutor­s. Both lawyers pleaded guilty and served jail time.

As with the Watergate cover-up trial, Cohen, like Dean, will not be the only star witness with direct incriminat­ing testimony against his former boss. Pecker, who met with and spoke to Trump and Cohen to facilitate the cover-up, will testify against Trump. From the jury’s perspectiv­e, Cohen’s and Pecker’s testimony will not only support each other, but their testimonie­s will be further substantia­ted by that of other witnesses, business records and most significan­tly Trump’s own words on the tape.

Based on the totality of this evidence, Trump is facing almost certain conviction. Unlike Nixon, Trump cannot receive a presidenti­al pardon because his conviction­s in Manhattan will be for state, not federal, crimes.

Despite what the pundits are saying about the efficacy of the Manhattan prosecutio­n, their minimizing of the seriousnes­s of the Manhattan indictment is destined to be relegated to the dustbin of history along with the Nixon White House’s failed attempts to distance itself from Watergate by calling it just “a third-rate burglary.”

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