Baltimore Sun

NYC DA signals charges for Trump

Ex-president invited to testify to panel in hush money case

- By William K. Rashbaum, Ben Protess and Jonah E. Bromwich

NEW YORK — The Manhattan district attorney’s office recently signaled to Donald Trump’s lawyers that he could face criminal charges for his role in the payment of hush money to a porn star, the strongest indication yet that prosecutor­s are nearing an indictment of the former president, according to four people with knowledge of the matter.

The prosecutor­s offered Trump the chance to testify next week before the grand jury that has been hearing evidence in the potential case, the people said. Such offers almost always indicate an indictment is close; it would be unusual for District Attorney Alvin Bragg to notify a potential defendant without ultimately seeking charges against him.

In New York, potential defendants have the right to answer questions in the grand jury before they are indicted, but they rarely testify, and Trump is likely to decline the offer. His lawyers could also meet privately with prosecutor­s in hopes of fending off criminal charges.

Any case would mark the first indictment of a former U.S. president, and could upend the 2024 presidenti­al race.

Trump has faced an array of criminal investigat­ions and special counsel inquiries over the years but has never been charged with a crime.

The Manhattan inquiry,

which has spanned nearly five years, centers on a $130,000 payment to porn star Stormy Daniels in the final days of the 2016 presidenti­al campaign. The payment was made by Michael Cohen, Trump’s former fixer, who was later reimbursed by Trump from the White House. Cohen is expected to testify in front of the grand jury but has not yet done so.

The district attorney’s office has already questioned at least six other people before the grand jury, according to several other people with knowledge of the inquiry.

Bragg’s prosecutor­s have not finished the grand jury presentati­on, and he could still decide against seeking

an indictment.

Trump has previously said that the prosecutor­s are engaged in a “witch hunt” against him.

A spokespers­on for the district attorney’s office declined to comment.

Even if Trump is indicted, convicting him or sending him to prison will be challengin­g. The case against him hinges on an untested and therefore risky legal theory involving a complex interplay of laws, all amounting to a low-level felony. If Trump were convicted, he would face a maximum sentence of four years, although prison time would not be mandatory.

Trump’s lawyers are also sure to attack Cohen, who in 2018 pleaded guilty to

federal charges related to the hush money.

The $130,000 payout came during the final stretch of the 2016 presidenti­al campaign, when Daniels’ representa­tives contacted the National Enquirer to offer exclusive rights to her story about an affair with Trump. David Pecker, the tabloid’s publisher and a longtime ally of Trump, had agreed to look out for potentiall­y damaging stories about him during the 2016 campaign, and at one point even agreed to buy the story of another woman’s affair with Trump and never publish it.

But Pecker didn’t bite at Daniels’ story. Instead, he and the tabloid’s top editor, Dylan Howard, helped broker a separate deal between Cohen and Daniels’ lawyer. Trump later reimbursed Cohen through monthly checks.

In the federal case against Cohen, prosecutor­s said that Trump’s company “falsely accounted” for the monthly payments as legal expenses and that company records cited a retainer agreement with Cohen. Although Cohen was a lawyer, and became Trump’s personal attorney after he took office, there was no such retainer agreement and the reimbursem­ent was unrelated to any legal services Cohen performed.

In New York, falsifying business records can amount to a crime, albeit a misdemeano­r. To elevate the crime to a felony charge, Bragg’s prosecutor­s must show that Trump’s “intent to defraud” included an intent to commit or conceal a second crime.

In this case, that second crime could be a violation of New York state election law. While hush money is not inherently illegal, the prosecutor­s could argue that the $130,000 payout became an improper donation to Trump’s campaign, under the theory that because the money silenced Daniels, it benefited his candidacy.

Combining the criminal charge with a violation of state election law would be a novel legal theory for any criminal case, let alone one against the former president, raising the possibilit­y that a judge or appellate court could throw it out or reduce the felony charge to a misdemeano­r.

This is not the first Manhattan grand jury to hear evidence about Trump. Before leaving office at the end of 2021, Bragg’s predecesso­r, Cyrus Vance Jr., had directed prosecutor­s to begin presenting evidence to an earlier grand jury. That potential case focused on the former president’s business practices, in particular whether he fraudulent­ly inflated his net worth by billions of dollars in order to secure favorable terms on loans and other benefits.

But Bragg, soon after taking office last year, grew concerned about the strength of that case and halted the presentati­on, prompting two senior prosecutor­s leading the investigat­ion to resign.

Still, the portion of the investigat­ion concerned with Trump’s net worth is continuing, people with knowledge of the matter said.

 ?? JEFFERSON SIEGEL/THE NEW YORK TIMES ?? Trump’s ex-lawyer Michael Cohen, right, arrives at the Manhattan DA’s office Tuesday.
JEFFERSON SIEGEL/THE NEW YORK TIMES Trump’s ex-lawyer Michael Cohen, right, arrives at the Manhattan DA’s office Tuesday.

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