Prosecution of Donald Trump in New York
{{Short description|Criminal case}}
{{About|New York state's criminal case against Trump personally|other cases by New York involving Trump|New York v. Trump (disambiguation){{!}}New York v. Trump (disambiguation)|other prosecutions of Trump|Indictments against Donald Trump}}
{{Pp-semi-indef|small=yes}}
{{Use mdy dates|date=April 2023}}
{{Use American English|date=April 2023}}
{{Infobox court case
| name = People v. Trump
| court = New York Supreme Court
| start date = April 15, 2024
| image = File:New York Unified Court System seal.svg
| imagesize = 125
| full name = The People of the State of New York v. Donald J. Trump
| citations = IND-71543-23{{cite web |last1=Pompilio |first1=Katherine |title=New York Supreme Court Judge Allows Public Disclosure of Trump Indictment |url=https://www.lawfaremedia.org/new-york-supreme-court-judge-allows-public-disclosure-trump-indictment |work=Lawfare |date=March 31, 2023 |access-date=March 31, 2023 |archive-date=March 31, 2023 |archive-url=https://web.archive.org/web/20230331220741/https://www.lawfaremedia.org/new-york-supreme-court-judge-allows-public-disclosure-trump-indictment |url-status=live }}
| charge = First-degree falsifying business records (34 counts)
| SubmitDate = March 30, 2023
| date_decided = May 30, 2024
| verdict = Guilty on all counts
| judges = Juan Merchan
| subsequent actions = Sentence of unconditional discharge
| number of judges = 1
| italic title = no
}}
{{Donald Trump series|expanded=Prosecutions}}
The People of the State of New York v. Donald J. Trump was a criminal case against Donald Trump, a then-former president of the United States. Trump was charged with 34 felony counts of falsifying business records to conceal payments made to the pornographic film actress Stormy Daniels as hush money to buy her silence over a sexual encounter between them; with costs related to the transaction included, the payments totaled $420,000. The Manhattan District Attorney (DA), Alvin Bragg, accused Trump of falsifying these business records with the intent to commit other crimes: violation of federal campaign finance limits, unlawfully influencing the 2016 U.S. presidential election, and tax fraud.{{efn|In New York, falsifying business records is a misdemeanor, but can become a felony if done to further another crime.{{Cite news |last=Cathy |first=Libby |date=March 31, 2023 |title=Why Trump indictment might hinge on a 'novel legal theory' |publisher=ABC News|url=https://abcnews.go.com/Politics/trump-indictment-hinge-legal-theory/story?id=98263332 |url-status=live |access-date=March 31, 2023 |archive-url=https://web.archive.org/web/20230401025453/https://abcnews.go.com/Politics/trump-indictment-hinge-legal-theory/story?id=98263332 |archive-date=April 1, 2023}}}}
The indictment, the first of a former U.S. president, was approved by a Manhattan grand jury on March 30, 2023. On April 3, Trump traveled from his residence in Florida to New York City, where he surrendered to the Manhattan DA's office and was arraigned the next day. Trump pleaded not guilty and stated that he would continue to campaign for the 2024 presidential election, even if convicted. The trial began on April 15, 2024. On April 30, Trump also became the first U.S. president to be held in criminal contempt of court, due to comments he made earlier in the month about individuals involved with the trial.
The prosecution argued that Trump's 2016 campaign sought to benefit from the payment of hush money to Daniels through Trump's former lawyer Michael Cohen, who was reimbursed via a false retainer agreement. The prosecution rested on May 20, 2024, after calling 20 witnesses. The defense argued that Trump was unaware of any allegedly unlawful scheme, that Cohen was unreliable as a witness, and that the retainer agreement between them was valid. The defense rested on May 21 after calling two witnesses. Throughout proceedings, the defense also made unsuccessful requests for the case to be delayed or dismissed, for presiding judge Juan Merchan to recuse himself, and for removal to federal court.
Trump was convicted on all counts on May 30, 2024, becoming the first U.S. president to be convicted of a felony. Following a series of delays and Trump's 2024 presidential election victory, he was sentenced to an unconditional discharge on January 10, 2025. He is expected to appeal his conviction.
Background
=Stormy Daniels–Donald Trump scandal=
{{Main|Stormy Daniels–Donald Trump scandal}}
File:Stormy Daniels 2010.jpg to pay {{US$|130,000}} to Stormy Daniels, pictured in 2010.|alt=Stormy Daniels smiling at the camera]]
In July 2006, Stephanie Clifford, a pornographic film actress known professionally as "Stormy Daniels", met Donald Trump at a celebrity golf tournament in Nevada. At the time, Trump was the host of the reality TV series The Apprentice and was married to Melania Trump.{{Cite web |last=Perper |first=Rosie |date=March 25, 2018 |title=Stormy Daniels: Here's what Trump said when I asked about Melania and newborn, Barron, just before the affair|url=https://www.businessinsider.com/stormy-daniels-melania-trump-barron-60-minutes-interview-2018-3 |access-date=March 31, 2023 |website=Business Insider |language=en-US |archive-date=March 31, 2023|archive-url=https://web.archive.org/web/20230331001020/https://www.businessinsider.com/stormy-daniels-melania-trump-barron-60-minutes-interview-2018-3 |url-status=live }} According to Daniels, Trump invited her to his penthouse at Harrah's Lake Tahoe{{Cite web |url=https://www.nytimes.com/2023/03/19/nyregion/trump-stormy-daniels-felony-charges.html |title=Inside the Payoff to a Porn Star That Could Lead to Trump's Indictment |date=March 19, 2023 |last=Rothfeld |first=Michael |work=The New York Times |access-date=March 30, 2023 |archive-date=March 30, 2023 |archive-url=https://web.archive.org/web/20230330000624/https://www.nytimes.com/2023/03/19/nyregion/trump-stormy-daniels-felony-charges.html |url-status=live }} where the two had sex and talked about making her a guest on The Apprentice.{{Cite news |first1=Will |last1=Dunham |first2=Luc |last2=Cohen |date=March 31, 2023 |title=Who is Stormy Daniels and how is she involved in Donald Trump indictment? |language=en |work=Reuters |url=https://www.reuters.com/world/us/who-is-stormy-daniels-what-did-she-say-happened-with-trump-2023-03-30/ |access-date=April 4, 2023 |archive-date=April 4, 2023|archive-url=https://web.archive.org/web/20230404093224/https://www.reuters.com/world/us/who-is-stormy-daniels-what-did-she-say-happened-with-trump-2023-03-30/ |url-status=live }}{{Cite news |date=March 11, 2023 |first1=Mattea |last1=Bubalo |first2=Robin Levinson |last2=King |title=What happened between Stormy Daniels and Donald Trump? |language=en-GB |work=BBC News |url=https://www.bbc.com/news/world-us-canada-64920037 |access-date=April 4, 2023 |archive-date=April 4, 2023 |archive-url=https://web.archive.org/web/20230404021435/https://www.bbc.com/news/world-us-canada-64920037 |url-status=live }}
In 2011, Daniels considered selling the story to the celebrity magazine Life & Style for {{US$|15,000}} as Trump began exploring a potential presidential bid. His lawyer, Michael Cohen, threatened to sue Life & Style when it asked the Trump Organization for comment. Daniels' agent, Gina Rodriguez, leaked the story to the gossip blog The Dirty in October. The post was taken down following complaints by Trump's lawyers, and Daniels disputed the story's veracity.{{Cite web |url=https://www.nytimes.com/live/2023/03/30/nyregion/trump-indictment-news/this-is-the-sordid-story-behind-the-hush-money-deal |title=This is the sordid story behind the hush-money deal. |date=March 30, 2023 |last=Rothsfeld |first=Michael |work=The New York Times |access-date=March 30, 2023 |archive-date=March 31, 2023 |archive-url=https://web.archive.org/web/20230331040849/https://www.nytimes.com/live/2023/03/30/nyregion/trump-indictment-news/this-is-the-sordid-story-behind-the-hush-money-deal |url-status=live }} Cohen acknowledged during court testimony in May 2024 that he advised on the story's removal.{{cite news |date=May 13, 2024 |title=Live updates: Michael Cohen testifies he lied and bullied on Trump's behalf |url=https://apnews.com/live/trump-trial-updates-michael-cohen-day-16 |access-date=May 13, 2024 |publisher=Associated Press |archive-date=May 13, 2024 |archive-url=https://web.archive.org/web/20240513094910/https://apnews.com/live/trump-trial-updates-michael-cohen-day-16 |url-status=live }}
As Trump's 2016 presidential campaign began, Rodriguez approached multiple publications—including the National Enquirer—and attempted to sell the story. Following the publication of a controversial recording of Trump and Access Hollywood host Billy Bush, the National Enquirer sought to suppress the story. Rather than paying Daniels, the National Enquirer editor-in-chief Dylan Howard negotiated a $130,000 non-disclosure agreement between Daniels and Michael Cohen. Cohen attempted to find the money as the election neared and repeatedly delayed her payment. Keith Davidson, Daniels' lawyer, canceled the deal in October 2016.
Ultimately, Cohen drew the money from his home equity line of credit and sent it through a shell company incorporated in Delaware. Trump initially denied knowing about the check made out to Daniels. In April 2018, aboard Air Force One, he told a reporter he did not know where Cohen got the money.{{Cite web|url=https://www.nytimes.com/2018/04/05/us/politics/trump-stormy-daniels-hush-money.html |title=Trump Denies Knowing of Any Hush Money Paid to Porn Actress |date=April 5, 2018 |last=Hirschfeld Davis |first=Julie |work=The New York Times |access-date=March 31, 2023 |archive-date=March 29, 2023|archive-url=https://web.archive.org/web/20230329145218/https://www.nytimes.com/2018/04/05/us/politics/trump-stormy-daniels-hush-money.html |url-status=live }} Glenn Kessler of The Washington Post described this statement as a lie,{{Cite news |last=Kessler |first=Glenn |date=August 22, 2018 |title=Analysis {{!}} Not just misleading. Not merely false. A lie. |url=https://www.washingtonpost.com/politics/2018/08/23/not-just-misleading-not-merely-false-lie/ |url-status=live |archive-url=https://web.archive.org/web/20200609054331/https://www.washingtonpost.com/politics/2018/08/23/not-just-misleading-not-merely-false-lie/ |archive-date=June 9, 2020 |access-date=October 17, 2021 |newspaper=The Washington Post |language=en-US |issn=0190-8286}} as Trump had personally reimbursed Cohen for the payment.{{Cite news |last=Dale |first=Daniel |author-link=Daniel Dale |date=January 16, 2021 |title=Analysis: The 15 most notable lies of Donald Trump's presidency |url=https://www.cnn.com/2021/01/16/politics/fact-check-dale-top-15-donald-trump-lies/index.html |url-status=live |archive-url=https://web.archive.org/web/20210810155803/https://www.cnn.com/2021/01/16/politics/fact-check-dale-top-15-donald-trump-lies/index.html |archive-date=August 10, 2021 |access-date=September 19, 2021 |website=CNN}}{{Cite web |last=Liptak |first=Kevin |date=May 16, 2018 |title=Trump discloses payment to Cohen in financial form |url=https://www.cnn.com/2018/05/16/politics/trump-financial-disclosure-report/index.html |url-status=live |archive-url=https://web.archive.org/web/20211019215159/https://www.cnn.com/2018/05/16/politics/trump-financial-disclosure-report/index.html |archive-date=October 19, 2021 |access-date=October 17, 2021 |website=CNN}} Rudy Giuliani, an attorney for Trump, also refuted Trump's claims in a Fox News interview, saying that Trump was aware of the payments.{{Cite web |url=https://www.nytimes.com/2018/05/02/us/politics/trump-michael-cohen-stormy-daniels-giuliani.html |title=Giuliani Says Trump Repaid Cohen for Stormy Daniels Hush Money |date=May 2, 2018 |last1=Shear |first1=Michael |last2=Haberman |first2=Maggie |author-link2=Maggie Haberman |work=The New York Times |access-date=March 31, 2023 |archive-date=March 26, 2023 |archive-url=https://web.archive.org/web/20230326064639/https://www.nytimes.com/2018/05/02/us/politics/trump-michael-cohen-stormy-daniels-giuliani.html |url-status=live }}
Trump wrote several checks totaling $420,000 to Cohen. The checks reimbursed him for the non-disclosure agreement and covered the costs for Cohen to manipulate online polls to boost Trump's status. The $180,000 paid to Cohen was doubled to offset taxes, and $60,000 was added. These payments were made throughout 2017, during Trump's first year of presidency.{{Cite web|url=https://www.nytimes.com/2019/03/05/us/politics/trump-michael-cohen-checks.html |title=In the Middle of His Official Business, Trump Took the Time to Send Checks to Michael Cohen |date=March 5, 2019 |last1=Baker |first1=Peter|author-link1=Peter Baker (journalist) |last2=Haberman |first2=Maggie |author-link2=Maggie Haberman |work=The New York Times |access-date=March 31, 2023 |archive-date=March 31, 2023 |archive-url=https://web.archive.org/web/20230331070307/https://www.nytimes.com/2019/03/05/us/politics/trump-michael-cohen-checks.html |url-status=live }} The payments made to Cohen were declared as a legal expense.{{Cite web |url=https://www.cnn.com/2023/03/31/politics/trump-indictment-what-to-know/index.html |title=Donald Trump has been indicted following an investigation into a hush money payment scheme. Here's what we know |date=April 1, 2023 |last=Cole |first=Devan |publisher=CNN |access-date=April 1, 2023 |archive-date=March 31, 2023 |archive-url=https://web.archive.org/web/20230331225659/https://www.cnn.com/2023/03/31/politics/trump-indictment-what-to-know/index.html |url-status=live }} Nine monthly checks from Trump to Cohen, dated April to December 2017, exist as evidence.{{Cite web |last=Italiano |first=Laura |date=April 26, 2024 |title=Too busy for hush money? Trump debuts longshot 'multi-tasking' defense during testimony by longtime assistant Rhona Graff |url=https://www.businessinsider.com/trump-debuts-multi-tasking-defense-at-hush-money-trial-2024-4 |access-date=2024-04-27 |website=Business Insider |language=en-US |archive-date=April 27, 2024 |archive-url=https://web.archive.org/web/20240427010826/https://www.businessinsider.com/trump-debuts-multi-tasking-defense-at-hush-money-trial-2024-4 |url-status=live }}
In January 2018, The Wall Street Journal reported on Cohen's payment to Daniels.{{Cite news |last1=Rothfeld |first1=Michael |last2=Palazzolo |first2=Joe |date=January 12, 2018 |title=Trump Lawyer Arranged $130,000 Payment for Adult-Film Star's Silence |url=https://www.wsj.com/articles/trump-lawyer-arranged-130-000-payment-for-adult-film-stars-silence-1515787678 |url-status=live |archive-url=https://archive.today/20180114185600/https://www.wsj.com/articles/trump-lawyer-arranged-130-000-payment-for-adult-film-stars-silence-1515787678 |archive-date=January 14, 2018 |access-date=March 30, 2023 |work=The Wall Street Journal}} Cohen pleaded guilty to eight criminal counts relating to the payment—as well as another payment made to Karen McDougal—in August. In his admission of guilt, Cohen stated that he acted "at the direction of a candidate for federal office", implicating Trump.{{Cite news |last1=Orden |first1=Erica |last2=Morales |first2=Mark |last3=Scannell |first3=Kara |last4=Prokupecz |first4=Shimon |last5=Jarrett |first5=Laura |date=March 30, 2023 |title=Michael Cohen implicates Trump in hush money scheme |url=https://www.cnn.com/2018/08/21/politics/michael-cohen-plea-deal-talks/ |url-status=live |archive-url=https://web.archive.org/web/20210218224742/https://www.cnn.com/2018/08/21/politics/michael-cohen-plea-deal-talks/ |archive-date=February 18, 2021 |access-date=March 30, 2023 |work=CNN}}{{cite news |last=Bowman |first=Bridget |date=March 31, 2023 |title=Michael Cohen would be key witness in Trump trial, per his lawyer |url=https://www.nbcnews.com/meet-the-press/meetthepressblog/michael-cohen-key-witness-trump-trial-lawyer-rcna77706 |url-status=live |archive-url=https://web.archive.org/web/20230409052327/https://www.nbcnews.com/meet-the-press/meetthepressblog/michael-cohen-key-witness-trump-trial-lawyer-rcna77706 |archive-date=April 9, 2023 |work=Meet the Press |publisher=NBC News}} In December 2018, Cohen was sentenced to three years in prison.{{Cite news |last1=Weiser |first1=Benjamin |last2=Rashbaum |first2=William |date=December 12, 2018 |title=Michael Cohen Sentenced to 3 Years After Implicating Trump in Hush-Money Scandal |url=https://www.nytimes.com/2018/12/12/nyregion/michael-cohen-sentence-trump.html |url-status=live |archive-url=https://web.archive.org/web/20181226193917/https://www.nytimes.com/2018/12/12/nyregion/michael-cohen-sentence-trump.html |archive-date=December 26, 2018 |access-date=March 30, 2023 |newspaper=The New York Times}}
On May 2, 2024, The Daily Beast broke a story that Trump Organization chief financial officer Allen Weisselberg had assisted the 2016 campaign with its finance reports.{{Cite news |last=Sollenberger |first=Roger |date=2024-05-02 |title=Emails Reveal Top Trump Accountant Had Secret Campaign Role |url=https://www.thedailybeast.com/emails-reveal-top-trump-accountant-allen-weisselberg-had-secret-campaign-role |access-date=2024-05-03 |work=The Daily Beast |language=en |archive-date=May 3, 2024 |archive-url=https://web.archive.org/web/20240503182824/https://www.thedailybeast.com/emails-reveal-top-trump-accountant-allen-weisselberg-had-secret-campaign-role |url-status=live }}
=Manhattan DA investigation and grand jury=
{{Main|New York investigations of the Trump Organization#Criminal investigation}}
File:Cyrus Vance Jr. 2009.jpg, the Manhattan District Attorney during 2010–2021, initiated the investigation of Trump. During his tenure, the U.S. Supreme Court ruled in Trump v. Vance in favor of a subpoena of Trump's accounting firm.]]
Following Cohen's August 2018 admission of guilt, Manhattan District Attorney (DA) Cyrus Vance Jr. opened an investigation against the Trump Organization and two of its executives.{{Cite news |url=https://www.nytimes.com/2018/08/23/nyregion/trump-organization-criminal-charges-vance.html |title=Trump Organization Could Face Criminal Charges From Manhattan D.A. |date=August 23, 2018 |last=Rashbaum |first=William |newspaper=The New York Times |access-date=March 30, 2023 |archive-date=August 24, 2018 |archive-url=https://web.archive.org/web/20180824013356/https://www.nytimes.com/2018/08/23/nyregion/trump-organization-criminal-charges-vance.html |url-status=live }} The office paused its inquiry when the office of the federal U.S. Attorney for the Southern District of New York began a separate investigation into the payments,{{cite interview |interviewer=Scott Detrow |first=Cyrus Jr. |last=Vance |title=Former Manhattan DA Cyrus Vance calls Trump indictment 'extraordinary event'|url=https://www.npr.org/2023/04/02/1167665437/former-manhattan-da-cyrus-vance-calls-trump-indictment-extraordinary-event |work=All Things Considered |publisher=NPR |date=April 2, 2023 |access-date=April 3, 2023 |archive-date=April 3, 2023 |archive-url=https://web.archive.org/web/20230403162746/https://www.npr.org/2023/04/02/1167665437/former-manhattan-da-cyrus-vance-calls-trump-indictment-extraordinary-event |url-status=live }} but the federal inquiry concluded without charges in July 2019.{{Cite web |url=https://www.nytimes.com/2019/07/18/nyregion/stormy-daniels-michael-cohen-documents.html |title=New Charges in Stormy Daniels Hush Money Inquiry Are Unlikely, Prosecutors Signal |date=July 18, 2019 |last1=Rashbaum |first1=William |last2=Protess |first2=Ben |work=The New York Times |access-date=March 30, 2023 |archive-date=March 30, 2023|archive-url=https://web.archive.org/web/20230330214138/https://www.nytimes.com/2019/07/18/nyregion/stormy-daniels-michael-cohen-documents.html |url-status=live }}{{efn|On July 19, 2019, William H. Pauley III, a district judge of the United States District Court for the Southern District of New York, ordered that the documents in the federal campaign finance probe be unsealed, finding, "The campaign finance violations discussed in the [m]aterials are a matter of national importance. Now that the [g]overnment's investigation into those violations has concluded, it is time that every American has an opportunity to scrutinize the [m]aterials."{{cite news |last1=Samuelsohn |first1=Darren |title=Feds' probe into Trump hush money payments is over, judge says |url=https://www.politico.com/story/2019/07/17/trump-hush-money-payments-probe-over-1418074 |access-date=May 30, 2024 |work=Politico |date=July 17, 2019 |archive-date=February 3, 2024 |archive-url=https://web.archive.org/web/20240203201846/https://www.politico.com/story/2019/07/17/trump-hush-money-payments-probe-over-1418074 |url-status=live }} Cases are typically unsealed only after the underlying matter has concluded.}}
The Manhattan DA's office then issued a subpoena for the Trump Organization in August, seeking documents relating to the payments.{{Cite news |url=https://www.nytimes.com/2019/08/01/nyregion/trump-cohen-stormy-daniels-vance.html |title=Manhattan D.A. Subpoenas Trump Organization Over Stormy Daniels Hush Money |date=August 1, 2019 |last1=Protess |first1=Ben |last2=Rashbaum |first2=William |newspaper=The New York Times |access-date=March 30, 2023 |archive-date=August 1, 2019|archive-url=https://web.archive.org/web/20190801234119/https://www.nytimes.com/2019/08/01/nyregion/trump-cohen-stormy-daniels-vance.html |url-status=live }} Additionally, the office subpoenaed accounting firm Mazars USA, demanding eight years of Trump's corporate tax returns.{{Cite news |url=https://www.nytimes.com/2019/09/16/nyregion/trump-tax-returns-cy-vance.html |title=8 Years of Trump Tax Returns Are Subpoenaed by Manhattan D.A. |date=September 16, 2019 |last1=Rashbaum |first1=William |last2=Protess |first2=Ben |newspaper=The New York Times |access-date=March 30, 2023 |archive-date=September 16, 2019|archive-url=https://web.archive.org/web/20190916185005/https://www.nytimes.com/2019/09/16/nyregion/trump-tax-returns-cy-vance.html |url-status=live }} Trump's lawyers sued Vance to block the subpoena, citing Trump's immunity from criminal inquiries as the president of the United States.{{Cite news |url=https://www.nytimes.com/2019/09/19/nyregion/trump-tax-returns-lawsuit.html |title=Trump Lawyers Argue He Cannot Be Criminally Investigated |date=September 19, 2019 |last=Gold |first=Michael |newspaper=The New York Times |access-date=March 30, 2023 |archive-date=January 8, 2023 |archive-url=https://web.archive.org/web/20230108032232/https://www.nytimes.com/2019/09/19/nyregion/trump-tax-returns-lawsuit.html |url-status=live }} In Trump v. Vance, the U.S. Supreme Court ruled 7–2 in favor of Vance, allowing the subpoena to continue.{{Cite news |url=https://www.nytimes.com/2020/07/09/us/trump-taxes-supreme-court.html |title=Supreme Court Rules Trump Cannot Block Release of Financial Records |date=July 9, 2020 |last=Liptak |first=Adam |newspaper=The New York Times |access-date=March 30, 2023 |archive-date=July 9, 2020|archive-url=https://web.archive.org/web/20200709204530/https://www.nytimes.com/2020/07/09/us/trump-taxes-supreme-court.html |url-status=live }}
Following the 2021 New York County District Attorney election, Alvin Bragg succeeded Vance as the Manhattan DA.{{Cite news |url=https://thehill.com/homenews/state-watch/587857-first-black-manhattan-da-sworn-in-to-take-over-trump-case/ |title=First Black Manhattan DA sworn in, to take over Trump case |date=January 1, 2022 |last=Vakil |first=Caroline |work=The Hill |access-date=March 30, 2023 |archive-date=December 29, 2022|archive-url=https://web.archive.org/web/20221229020319/https://thehill.com/homenews/state-watch/587857-first-black-manhattan-da-sworn-in-to-take-over-trump-case/ |url-status=live }} In early 2021, Mark Pomerantz, a Manhattan prosecutor, sought to revive the case under the theory that if Daniels had extorted Trump, the money would be criminal proceeds. Efforts to conceal its source would constitute money laundering.{{cite news |last1=Cohen |first1=Luc |title=Trump hush money trial stems from 'zombie case' brought back to life |url=https://www.reuters.com/world/us/trump-hush-money-trial-stems-zombie-case-brought-back-life-2024-04-09/ |access-date=May 27, 2024 |work=Reuters |date=April 9, 2024 |archive-date=April 11, 2024 |archive-url=https://web.archive.org/web/20240411193058/https://www.reuters.com/world/us/trump-hush-money-trial-stems-zombie-case-brought-back-life-2024-04-09/ |url-status=live }} On further examination, Pomerantz found that the money laundering statute would not apply. Colleagues were skeptical that the hush money would qualify as extortion. With no path to felony charges, Pomerantz abandoned the inquiry and subsequently resigned in February 2022. In January 2023, the Manhattan DA's office impaneled a grand jury, and began presenting evidence of Trump's role in the Stormy Daniels payment.{{Cite web |url=https://www.nytimes.com/2023/01/30/nyregion/trump-stormy-daniels-grand-jury.html |title=Manhattan Prosecutors Begin Presenting Trump Case to Grand Jury |date=January 30, 2023 |last1=Rashbaum |first1=William |last2=Protess |first2=Ben |last3=Bromwich |last4=Meko |first4=Hurubie |work=The New York Times |access-date=March 30, 2023 |archive-date=March 30, 2023|archive-url=https://web.archive.org/web/20230330001213/https://www.nytimes.com/2023/01/30/nyregion/trump-stormy-daniels-grand-jury.html |url-status=live }} Cohen met extensively with the DA's office and the grand jury,{{cite news |last=Rashbaum |first=William K. |date=August 23, 2018 |title=Manhattan D.A. Eyes Criminal Charges Against Trump Organization |url=https://www.nytimes.com/2018/08/23/nyregion/trump-organization-criminal-charges-vance.html |url-status=live |archive-url=https://web.archive.org/web/20180824013356/https://www.nytimes.com/2018/08/23/nyregion/trump-organization-criminal-charges-vance.html |archive-date=August 24, 2018 |access-date=July 5, 2021 |work=The New York Times}}{{Cite news |last1=Protess |first1=Ben |last2=Rashbaum |first2=William K. |date=January 17, 2023 |title=Trump's Former Lawyer Meets With Prosecutors About Hush Money |url=https://www.nytimes.com/2023/01/17/nyregion/trump-investigation-michael-cohen-stormy-daniels.html |access-date=January 18, 2023 |work=The New York Times |language=en-US |issn=0362-4331 |archive-date=January 18, 2023 |archive-url=https://web.archive.org/web/20230118001048/https://www.nytimes.com/2023/01/17/nyregion/trump-investigation-michael-cohen-stormy-daniels.html |url-status=live }}{{Cite web |last1=Stanton |first1=Joshua |last2=Eisen |first2=Norman L. |last3=Perry |first3=E. Danya |last4=Wertheimer |first4=Fred |date=March 20, 2023 |title=The Manhattan DA's Charges and Trump's Defenses: A Detailed Preview |url=https://www.justsecurity.org/85581/the-manhattan-das-charges-and-trumps-defenses-a-detailed-preview/ |access-date=March 21, 2023 |website=Just Security |language=en-US |archive-date=March 20, 2023 |archive-url=https://web.archive.org/web/20230320222231/https://www.justsecurity.org/85581/the-manhattan-das-charges-and-trumps-defenses-a-detailed-preview/ |url-status=live }} and by March 3, Cohen had met with the DA's office 18 times{{Cite web |last=Mangan |first=Dan |date=March 3, 2023 |title=Former Trump lawyer Michael Cohen expects to testify 'very soon' to grand jury |url=https://www.cnbc.com/2023/03/03/former-trump-lawyer-michael-cohen-expects-grand-jury-testimony.html |access-date=March 3, 2023 |website=CNBC |language=en |archive-date=March 3, 2023 |archive-url=https://web.archive.org/web/20230303182158/https://www.cnbc.com/2023/03/03/former-trump-lawyer-michael-cohen-expects-grand-jury-testimony.html |url-status=live }}{{Cite web |last=Rubin |first=Jordan |date=March 13, 2023 |title=Michael Cohen testifying in New York suggests Trump indictment is coming |url=https://www.msnbc.com/deadline-white-house/deadline-legal-blog/michael-cohen-testifies-grand-jury-new-york-rcna74662 |access-date=March 14, 2023 |website=MSNBC.com |language=en |archive-date=March 14, 2023 |archive-url=https://web.archive.org/web/20230314013310/https://www.msnbc.com/deadline-white-house/deadline-legal-blog/michael-cohen-testifies-grand-jury-new-york-rcna74662 |url-status=live }}{{Cite web |last=Reid |first=Joy |author-link=Joy Reid |date=March 15, 2023 |title=Michael Cohen after testifying before Trump grand jury: 'I'm probably the last witness they need' |url=https://www.msnbc.com/the-reidout/watch/michael-cohen-wraps-testimony-before-manhattan-grand-jury-investigating-stormy-daniels-hush-money-payments-made-on-behalf-of-donald-trump-165377093900 |access-date=March 16, 2023 |website=MSNBC.com |language=en |archive-date=March 16, 2023 |archive-url=https://web.archive.org/web/20230316012342/https://www.msnbc.com/the-reidout/watch/michael-cohen-wraps-testimony-before-manhattan-grand-jury-investigating-stormy-daniels-hush-money-payments-made-on-behalf-of-donald-trump-165377093900 |url-status=live }} and had given his cellphones to the DA's prosecutors, who wanted evidence of communications including voice recordings of Daniels' former lawyer Keith Davidson.{{Cite web |last1=Pellish |first1=Aaron |last2=de Vries |first2=Karl |date=February 1, 2023 |title=Cohen says he handed over phones to Manhattan DA |url=https://www.cnn.com/2023/02/01/politics/michael-cohen-manhattan-district-attorney/index.html |access-date=February 2, 2023 |website=CNN |language=en |archive-date=March 23, 2023 |archive-url=https://web.archive.org/web/20230323051046/https://www.cnn.com/2023/02/01/politics/michael-cohen-manhattan-district-attorney/index.html |url-status=live }} Several other witnesses met with the DA's office or the grand jury in March 2023, including Kellyanne Conway,{{Cite news |last1=Piccoli |first1=Sean |last2=Bromwich |first2=Jonah E. |last3=Protess |first3=Ben |last4=Rashbaum |first4=William K. |date=March 1, 2023 |title=Kellyanne Conway Meets With Prosecutors as Trump Inquiry Escalates |url=https://www.nytimes.com/2023/03/01/nyregion/kellyanne-conway-stormy-daniels-trump-inquiry.html |access-date=March 2, 2023 |work=The New York Times |language=en-US |issn=0362-4331 |archive-date=March 1, 2023 |archive-url=https://web.archive.org/web/20230301232419/https://www.nytimes.com/2023/03/01/nyregion/kellyanne-conway-stormy-daniels-trump-inquiry.html |url-status=live }} Hope Hicks, two Trump Organization employees, two former National Enquirer executives who helped broker the hush-money deal, a lawyer for Daniels,{{Cite news |last1=Christobek |first1=Kate |last2=Protess |first2=Ben |last3=Bromwich |first3=Jonah E. |last4=Rashbaum |first4=William K. |date=March 6, 2023 |title=Hope Hicks Meets With Manhattan Prosecutors as Trump Inquiry Intensifies |url=https://www.nytimes.com/2023/03/06/nyregion/hope-hicks-trump-manhattan-prosecutors.html |access-date=March 7, 2023 |work=The New York Times |language=en-US |issn=0362-4331 |archive-date=March 7, 2023 |archive-url=https://web.archive.org/web/20230307000601/https://www.nytimes.com/2023/03/06/nyregion/hope-hicks-trump-manhattan-prosecutors.html |url-status=live }}{{Cite web |last=Italiano |first=Laura |date=March 8, 2023 |title=As possibility of a Trump indictment grows, Kellyanne Conway jokes with Manhattan DA staff before 2-hour visit |url=https://www.businessinsider.com/kellyanne-conway-2nd-meet-with-manhattan-trump-hush-money-probe-2023-3 |access-date=March 17, 2023 |website=Business Insider |language=en-US |archive-date=March 17, 2023 |archive-url=https://web.archive.org/web/20230317052710/https://www.businessinsider.com/kellyanne-conway-2nd-meet-with-manhattan-trump-hush-money-probe-2023-3 |url-status=live }} Daniels herself,{{Cite web |last1=Yilek |first1=Caitlin |last2=Kates |first2=Graham |date=March 15, 2023 |title=Stormy Daniels meets with Manhattan prosecutors amid Trump probe |url=https://www.cbsnews.com/news/stormy-daniels-trump-michael-cohen-manhattan-district-attorney-investigation/ |access-date=March 16, 2023 |website=CBS News |language=en-US |archive-date=March 16, 2023 |archive-url=https://web.archive.org/web/20230316001401/https://www.cbsnews.com/news/stormy-daniels-trump-michael-cohen-manhattan-district-attorney-investigation/ |url-status=live }} Trump-aligned lawyer Robert Costello (who provided testimony, including emails, in which he attempted to discredit Cohen's reliability),{{Cite web |last1=Reiss |first1=Adam |last2=Gregorian |first2=Dareh |last3=McCausland |first3=Phil |date=March 20, 2023 |title=Trump ally attempts to undercut Michael Cohen in hush money probe |url=https://www.nbcnews.com/politics/donald-trump/trump-ally-attempts-undercut-michael-cohen-hush-money-probe-rcna75828 |access-date=March 21, 2023 |website=NBC News |language=en |archive-date=March 21, 2023 |archive-url=https://web.archive.org/web/20230321011705/https://www.nbcnews.com/politics/donald-trump/trump-ally-attempts-undercut-michael-cohen-hush-money-probe-rcna75828 |url-status=live }}{{Cite web |date=March 22, 2023 |title=Grand jury in Trump hush money probe to meet Thursday |url=https://www.nbcnews.com/politics/donald-trump/live-blog/trump-news-ny-grand-jury-indictment-live-updates-rcna76028 |access-date=March 23, 2023 |website=NBC News |language=en |archive-date=March 23, 2023 |archive-url=https://web.archive.org/web/20230323003753/https://www.nbcnews.com/politics/donald-trump/live-blog/trump-news-ny-grand-jury-indictment-live-updates-rcna76028 |url-status=live }} and former National Enquirer publisher David Pecker.{{Cite web |last=Katersky |first=Aaron |date=March 23, 2023 |title=Trump live updates: Manhattan grand jury expected to reconvene Thursday |url=https://abcnews.go.com/US/live-updates/trump-charges/?id=97888515 |access-date=March 24, 2023 |website=ABC News |language=en |archive-date=March 23, 2023 |archive-url=https://web.archive.org/web/20230323234627/https://abcnews.go.com/US/live-updates/trump-charges/?id=97888515 |url-status=live }}{{Cite web |last1=Orden |first1=Erica |last2=Parnell |first2=Wesley |date=March 27, 2023 |title=Former National Enquirer publisher testifies before Trump grand jury |url=https://www.politico.com/news/2023/03/27/publisher-testifies-trump-grand-jury-00089091 |access-date=March 28, 2023 |website=Politico |language=en |archive-date=March 27, 2023 |archive-url=https://web.archive.org/web/20230327232908/https://www.politico.com/news/2023/03/27/publisher-testifies-trump-grand-jury-00089091 |url-status=live }}{{efn|Pecker, a longtime associate and friend of Trump's, participated in a catch and kill operation to suppress stories that might damage Trump's 2016 campaign and helped connect Cohen with a lawyer for Daniels.{{Cite news|url=https://www.nytimes.com/2018/04/11/us/politics/trump-national-enquirer-american-media.html|title=Investigators Focus on Another Trump Ally: The National Enquirer|last1=Rutenberg|first1=Jim|last2=Steel|first2=Emily|date=April 11, 2018|work=The New York Times|access-date=March 27, 2023|language=en-US|issn=0362-4331|last3=McIntire|first3=Mike|archive-date=March 28, 2023|archive-url=https://web.archive.org/web/20230328052315/https://www.nytimes.com/2018/04/11/us/politics/trump-national-enquirer-american-media.html|url-status=live}}{{Cite web |last1=Kates |first1=Graham |last2=Milton |first2=Pat |date=March 27, 2023 |title=Manhattan grand jury investigating Trump hears from key witness |url=https://www.cbsnews.com/news/trump-manhattan-grand-jury-david-pecker-monday-indictment/ |access-date=March 28, 2023 |website=CBS News |language=en-US |archive-date=March 27, 2023 |archive-url=https://web.archive.org/web/20230327234903/https://www.cbsnews.com/news/trump-manhattan-grand-jury-david-pecker-monday-indictment/ |url-status=live }}}} As early as that February, prosecutors confirmed that they might leverage additional charges, including insurance fraud, against Allen Weisselberg to pressure him to testify against Trump,{{Cite news |last1=Protess |first1=Ben |last2=Rashbaum |first2=William K. |last3=Bromwich |first3=Jonah E. |date=February 2, 2023 |title=Former Trump Executive, Already Jailed, Could Face More Fraud Charges |url=https://www.nytimes.com/2023/02/02/nyregion/trump-weisselberg-fraud.html |access-date=February 3, 2023 |work=The New York Times |language=en-US |issn=0362-4331 |archive-date=February 3, 2023 |archive-url=https://web.archive.org/web/20230203001304/https://www.nytimes.com/2023/02/02/nyregion/trump-weisselberg-fraud.html |url-status=live }} and in May, The New York Times reported that they were considering perjury charges against him.{{Cite web |last=Rubin |first=Lisa |date=2023-05-19 |title=Why former Trump Org executive Allen Weisselberg could face perjury charges |url=https://www.msnbc.com/rachel-maddow-show/maddowblog/allen-weisselberg-perjury-trump-organization-rcna85381 |access-date=2023-05-19 |website=MSNBC |language=en |archive-date=April 13, 2024 |archive-url=https://web.archive.org/web/20240413123218/https://www.msnbc.com/rachel-maddow-show/maddowblog/allen-weisselberg-perjury-trump-organization-rcna85381 |url-status=live }}
File:Alvin Bragg-District Attorney for New York County-PXL 20230608 222746789 (cropped).jpg, who succeeded Vance as Manhattan District Attorney at the beginning of 2022, continued the investigation and secured an indictment and trial of Trump.|left]]
In March 2023, District Attorney Alvin Bragg's office indicated that an indictment was likely.{{Cite news |last1=Rashbaum |first1=William |last2=Protess |first2=Ben |last3=Bromwich |first3=Jonah |date=March 9, 2023 |title=Prosecutors Signal Criminal Charges for Trump Are Likely |url=https://www.nytimes.com/2023/03/09/nyregion/trump-potential-criminal-charges-bragg.html |url-status=live |archive-url=https://web.archive.org/web/20230329214240/https://www.nytimes.com/2023/03/09/nyregion/trump-potential-criminal-charges-bragg.html |archive-date=March 29, 2023 |access-date=March 30, 2023 |newspaper=The New York Times}} By March 9, 2023, prosecutors had offered Trump a chance to testify before the grand jury the following week, indicating that they were likely preparing to indict him.{{Cite news |last1=Rashbaum |first1=William K. |last2=Protess |first2=Ben |last3=Bromwich |first3=Jonah E. |date=March 9, 2023 |title=Prosecutors Signal Criminal Charges for Trump Are Likely |url=https://www.nytimes.com/2023/03/09/nyregion/trump-potential-criminal-charges-bragg.html |access-date=March 10, 2023 |work=The New York Times |language=en-US |issn=0362-4331 |archive-date=March 9, 2023 |archive-url=https://web.archive.org/web/20230309224702/https://www.nytimes.com/2023/03/09/nyregion/trump-potential-criminal-charges-bragg.html |url-status=live }}{{Cite web |last=Feinberg |first=Andrew |date=March 10, 2023 |title=New York prosecutors warn Trump of possible indictment, report says |url=https://www.independent.co.uk/news/world/americas/us-politics/trump-indictment-president-manhattan-da-b2297785.html |access-date=March 10, 2023 |website=The Independent |language=en |archive-date=March 10, 2023 |archive-url=https://web.archive.org/web/20230310000219/https://www.independent.co.uk/news/world/americas/us-politics/trump-indictment-president-manhattan-da-b2297785.html |url-status=live }} Around that time, Trump and his spokesperson began referring to both Daniels' allegation and the DA's proceedings as "extortion".{{Cite web |last=Benen |first=Steve |date=March 13, 2023 |title=Fearing indictment, Trump changes his story in hush money mess |url=https://www.msnbc.com/rachel-maddow-show/maddowblog/fearing-indictment-trump-changes-story-hush-money-mess-rcna74663 |access-date=March 14, 2023 |website=MSNBC.com |language=en |archive-date=March 13, 2023 |archive-url=https://web.archive.org/web/20230313231834/https://www.msnbc.com/rachel-maddow-show/maddowblog/fearing-indictment-trump-changes-story-hush-money-mess-rcna74663 |url-status=live }} On March 10, 2023, Trump's lawyer Joe Tacopina asked New York City's Department of Investigation to review the criminal probe, asserting its "weaponization".{{Cite news |last=Hurtado |first=Patricia |date=March 13, 2023 |title=Trump Probe 'Weaponized' by Manhattan DA, Lawyer Says in Calling for Review |url=https://www.bloomberg.com/news/articles/2023-03-13/trump-lawyer-tacopina-asks-for-ny-review-of-da-office-s-probe |access-date=March 14, 2023 |work=Bloomberg |language=en |archive-date=March 17, 2023 |archive-url=https://web.archive.org/web/20230317232301/https://www.bloomberg.com/news/articles/2023-03-13/trump-lawyer-tacopina-asks-for-ny-review-of-da-office-s-probe |url-status=live }} On March 13, Tacopina announced that Trump would not testify.{{Cite web |last=Rubin |first=Jordan |date=March 13, 2023 |title=Trump won't testify to New York grand jury in hush money case, attorney says |url=https://www.msnbc.com/deadline-white-house/deadline-legal-blog/trump-wont-testify-grand-jury-new-york-rcna74646 |access-date=March 14, 2023 |website=MSNBC.com |language=en |archive-date=March 13, 2023 |archive-url=https://web.archive.org/web/20230313224930/https://www.msnbc.com/deadline-white-house/deadline-legal-blog/trump-wont-testify-grand-jury-new-york-rcna74646 |url-status=live }} Early the next morning, The Guardian reported that Trump's lawyers had argued to the DA that Trump should not be indicted on the basis that the payment did not draw from campaign funds and would have been made regardless of his candidacy.{{Cite news |last=Lowell |first=Hugo |date=March 16, 2023 |title=Stormy Daniels: Donald Trump legal team 'pushes for end to hush money case' |url=https://www.theguardian.com/us-news/2023/mar/16/stormy-daniels-donald-trump-legal-team-pushes-for-end-to-hush-money-case |access-date=March 16, 2023 |work=The Guardian |language=en-GB |issn=0261-3077 |archive-date=March 16, 2023 |archive-url=https://web.archive.org/web/20230316052755/https://www.theguardian.com/us-news/2023/mar/16/stormy-daniels-donald-trump-legal-team-pushes-for-end-to-hush-money-case |url-status=live }}
In late March 2023, there was reporting around Daniels having reportedly unsuccessfully communicated in 2018 with Tacopina about possibly representing her in the scandal, for which the DA could move to disqualify the lawyer due to attorney–client privilege and because she reputedly disclosed confidential information to his firm.{{Cite news |last=McDougall |first=A. J. |date=March 22, 2023 |title=Trump Lawyer's Emails to Stormy Daniels Given to Manhattan Prosecutors: Report |url=https://www.thedailybeast.com/trump-lawyer-joe-tacopinas-emails-to-stormy-daniels-given-to-manhattan-da-report-says |access-date=March 23, 2023 |work=The Daily Beast |language=en |archive-date=March 22, 2023 |archive-url=https://web.archive.org/web/20230322233721/https://www.thedailybeast.com/trump-lawyer-joe-tacopinas-emails-to-stormy-daniels-given-to-manhattan-da-report-says |url-status=live }}{{Cite web |last=Dye |first=Liz |date=March 17, 2023 |title=Trump Lawyer Joseph Tacopina Formerly Consulted With Stormy Daniels? Whoopsie! |url=https://abovethelaw.com/2023/03/trump-lawyer-joseph-tacopina-formerly-consulted-with-stormy-daniels-whoopsie/ |access-date=March 19, 2023 |website=Above the Law |language=en-US |archive-date=April 23, 2024 |archive-url=https://web.archive.org/web/20240423234742/https://abovethelaw.com/2023/03/trump-lawyer-joseph-tacopina-formerly-consulted-with-stormy-daniels-whoopsie/ |url-status=live }}{{Cite web |date=March 16, 2018 |title=Transcripts |url=https://transcripts.cnn.com/show/cnnt/date/2018-03-16/segment/02 |access-date=March 19, 2023 |website=Don Lemon Tonight |via=CNN.com |archive-date=March 18, 2023 |archive-url=https://web.archive.org/web/20230318002147/https://transcripts.cnn.com/show/cnnt/date/2018-03-16/segment/02 |url-status=live }}{{Cite web |last=Katersky |first=Aaron |date=April 17, 2023 |title=Manhattan DA asks judge to look into Trump attorney's potential conflict of interest |url=https://abcnews.go.com/US/manhattan-da-asks-judge-trump-attorneys-potential-conflict/story?id=98643960 |access-date=April 18, 2023 |website=ABC News |language=en |archive-date=April 18, 2023 |archive-url=https://web.archive.org/web/20230418005229/https://abcnews.go.com/US/manhattan-da-asks-judge-trump-attorneys-potential-conflict/story?id=98643960 |url-status=live }} Additionally, it reemerged that, in 2018, Tacopina had called the hush-money payment "an illegal agreement", "a fraud", and "a potential campaign finance issue".
On March 18, 2023, Trump claimed on his social-media platform, Truth Social, that he was to be arrested on March 21{{efn|Trump asserted that the DA had leaked his plans to indict Trump to the press. A Trump lawyer later revealed that Trump's assertion that he would be indicted was based on news media reports.{{Cite web |last1=Mangan |first1=Dan |last2=Breuninger |first2=Kevin |date=March 20, 2023 |title=Trump grand jury live updates: Expected indictment in payoff to porn star Stormy Daniels |url=https://www.cnbc.com/2023/03/20/live-updates-of-trump-grand-jury-expected-indictment-in-payoff-to-porn-star-stormy-daniels.html |access-date=March 21, 2023 |website=CNBC |language=en |archive-date=March 20, 2023 |archive-url=https://web.archive.org/web/20230320233553/https://www.cnbc.com/2023/03/20/live-updates-of-trump-grand-jury-expected-indictment-in-payoff-to-porn-star-stormy-daniels.html |url-status=live }}}}{{efn|By that day, Trump claimed that he welcomed the idea of being perp walked, a scenario which would likely not occur as a result of his indictment.{{Cite news |last1=Bender |first1=Michael C. |last2=Haberman |first2=Maggie |date=March 21, 2023 |title=Trump at Mar-a-Lago: Magical Thinking and a Perp-Walk Fixation |language=en-US |work=The New York Times |url=https://www.nytimes.com/2023/03/21/us/politics/trump-pending-indictment.html |access-date=March 22, 2023 |issn=0362-4331 |archive-date=March 21, 2023 |archive-url=https://web.archive.org/web/20230321225806/https://www.nytimes.com/2023/03/21/us/politics/trump-pending-indictment.html |url-status=live }}}} and that the proceedings were disinformation backed by President Joe Biden, calling for protests in anticipation of a possible indictment.{{Cite news |last1=Haberman |first1=Maggie |last2=Bromwich |first2=Jonah E. |last3=Protess |first3=Ben |last4=Feuer |first4=Alan |last5=Rashbaum |first5=William K. |date=March 18, 2023 |title=Trump Claims His Arrest Is Imminent and Calls for Protests, Echoing Jan. 6 |url=https://www.nytimes.com/2023/03/18/us/politics/trump-indictment-arrest-protests.html |url-status=live |archive-url=https://web.archive.org/web/20230330032852/https://www.nytimes.com/2023/03/18/us/politics/trump-indictment-arrest-protests.html |archive-date=March 30, 2023 |access-date=March 30, 2023 |newspaper=The New York Times |issn=0362-4331}}{{Cite news |last1=Tucker |first1=Eric |last2=Kunzelman |first2=Michael |date=March 20, 2023 |title=Some Trump supporters ambivalent on calls for protests |url=https://apnews.com/article/trump-indictment-new-york-jan-6-protest-f19306253133d9dacd65667bd5b4650c |url-status=live |archive-url=https://web.archive.org/web/20230327050618/https://apnews.com/article/trump-indictment-new-york-jan-6-protest-f19306253133d9dacd65667bd5b4650c |archive-date=March 27, 2023 |access-date=March 30, 2023 |work=AP News}}{{Cite web |last1=Collins |first1=Kaitlan |last2=Holmes |first2=Kristen |last3=Reid |first3=Paula |date=March 18, 2023 |title=Trump says he expects to be arrested Tuesday as New York law enforcement prepares for possible indictment |url=https://www.cnn.com/2023/03/18/politics/donald-trump-manhattan-da-arrest-protests/index.html |access-date=March 19, 2023 |website=CNN |language=en |archive-date=March 18, 2023 |archive-url=https://web.archive.org/web/20230318232205/https://www.cnn.com/2023/03/18/politics/donald-trump-manhattan-da-arrest-protests/index.html |url-status=live }}{{Cite web |last1=Dienst |first1=Jonathan |last2=Santia |first2=Marc |last3=Tucker |first3=Eric |last4=Colvin |first4=Jill |last5=Price |first5=Michelle L. |date=March 20, 2023 |title=Barricades Go Up at Trump Tower, Manhattan Court as NYC Readies for Possible Protests |url=https://www.nbcnewyork.com/news/local/nyc-readying-for-possible-trump-indictment-this-week-security-preps-underway/4163355/ |access-date=March 20, 2023 |website=NBC New York |language=en-US |archive-date=March 20, 2023 |archive-url=https://web.archive.org/web/20230320030309/https://www.nbcnewyork.com/news/local/nyc-readying-for-possible-trump-indictment-this-week-security-preps-underway/4163355/ |url-status=live }}{{Cite web |last=Teh |first=Cheryl |date=March 20, 2023 |title=George Conway says an insanity defense is Donald Trump's best shot against a possible indictment in New York, but that he'll never use it |url=https://www.businessinsider.com/george-conway-donald-trump-insanity-defense-indictment-2023-3 |access-date=March 20, 2023 |website=Business Insider |language=en-US |archive-date=March 20, 2023 |archive-url=https://web.archive.org/web/20230320071356/https://www.businessinsider.com/george-conway-donald-trump-insanity-defense-indictment-2023-3 |url-status=live }} Law enforcement and security agencies prepared for potential reactions to an indictment of Trump that week, especially in the areas of the Manhattan Criminal Court and Trump Tower, including by monitoring online threats.{{Cite web |last1=Dienst |first1=Jonathan |last2=Fitzpatrick |first2=Sarah |date=March 17, 2023 |title=NYC Security Preps Underway for Possible Trump Indictment as Soon as Next Week: Sources |url=https://www.nbcnewyork.com/investigations/nyc-security-preps-underway-for-possible-trump-indictment-as-soon-as-next-week-sources/4160387/ |access-date=March 19, 2023 |website=NBC New York |language=en-US |archive-date=March 19, 2023 |archive-url=https://web.archive.org/web/20230319000339/https://www.nbcnewyork.com/investigations/nyc-security-preps-underway-for-possible-trump-indictment-as-soon-as-next-week-sources/4160387/ |url-status=live }}{{Cite web |last1=Tucker |first1=Eric |last2=Kunzelman |first2=Michael |date=March 20, 2023 |title=Some Trump supporters ambivalent on calls for protests |url=https://apnews.com/article/trump-indictment-new-york-jan-6-protest-f19306253133d9dacd65667bd5b4650c |access-date=March 21, 2023 |website=Associated Press |language=en |archive-date=March 27, 2023 |archive-url=https://web.archive.org/web/20230327050618/https://apnews.com/article/trump-indictment-new-york-jan-6-protest-f19306253133d9dacd65667bd5b4650c |url-status=live }}{{efn|After an initial online wave of support for protesting, far-right activists appeared to begin viewing the potential arrest as a leftist trap intended to cause riots which would hurt Trump's political career. Momentum shifted to instead supporting Trump's planned first 2024 rally in Waco, Texas, on March 25.{{Cite news |last=Slattery |first=Gram |date=March 20, 2023 |title=Far-right activists wary of 'trap' after Trump calls for protests |language=en |work=Reuters |url=https://www.reuters.com/world/us/far-right-activists-wary-trap-after-trump-calls-protests-2023-03-20/ |access-date=March 21, 2023 |archive-date=March 21, 2023 |archive-url=https://web.archive.org/web/20230321005822/https://www.reuters.com/world/us/far-right-activists-wary-trap-after-trump-calls-protests-2023-03-20/ |url-status=live }}}} New York City Police began to increase security in preparation for the expected indictment on March 21, and a second time for the second expected indictment on March 30.{{Cite news |last1=Dienst |first1=Jonathan |last2=Russo |first2=Melissa |last3=Santia |first3=Marc |last4=Copenhagen |first4=Courtney |last5=Millman |first5=Jennifer |last6=Shea |first6=Tom |last7=Miller |first7=Myles |date=March 30, 2023 |title=NYC Ramps Up Security Again Ahead of Possible Grand Jury Action Against Trump, Police Sources Say |url=https://www.nbcnewyork.com/investigations/nyc-ramps-up-security-again-ahead-of-possible-grand-jury-action-against-trump-police-sources-say/4178770/ |url-status=live |archive-url=https://web.archive.org/web/20230330225305/https://www.nbcnewyork.com/investigations/nyc-ramps-up-security-again-ahead-of-possible-grand-jury-action-against-trump-police-sources-say/4178770/ |archive-date=March 30, 2023 |access-date=March 30, 2023 |work=NBC New York}} Metal barriers were set up around Trump Tower and the district Criminal Court Building.{{Cite news |last1=Rashbaum |first1=William K. |last2=Bromwich |first2=Jonah E. |last3=Feuer |first3=Alan |date=March 30, 2023 |title=These are the security measures New York is putting in place. |url=https://www.nytimes.com/live/2023/03/30/nyregion/trump-indictment-news/these-are-the-security-measures-new-york-is-putting-in-place |url-status=live |archive-url=https://web.archive.org/web/20230331010743/https://www.nytimes.com/live/2023/03/30/nyregion/trump-indictment-news/these-are-the-security-measures-new-york-is-putting-in-place |archive-date=March 31, 2023 |access-date=March 30, 2023 |newspaper=The New York Times |issn=0362-4331}} On March 24, Trump, citing his presidential prospects, insinuated that "potential death & destruction" could result from Bragg's allegedly false charge.{{Cite web |last=Haberman |first=Maggie |date=March 24, 2023 |title=Trump, Turning Up Heat, Raises Specter of Violence if He Is Charged |url=https://news.yahoo.com/trump-turning-heat-raises-specter-133014762.html |access-date=March 25, 2023 |website=Yahoo! News |language=en-US |archive-date=March 24, 2023 |archive-url=https://web.archive.org/web/20230324224531/https://news.yahoo.com/trump-turning-heat-raises-specter-133014762.html |url-status=live }}{{efn|On March 24, 2023, Trump posted (and subsequently deleted) an image of himself at the White House wielding a baseball bat next to a picture of Bragg.{{cite news |last1=Massie |first1=Graeme |title=Anger as Trump posts picture of himself wielding baseball bat next to Alvin Bragg's head |url=https://www.independent.co.uk/news/world/americas/us-politics/trump-baseball-bat-alvin-bragg-b2307193.html |access-date=May 31, 2024 |work=The Independent |date=March 24, 2023 |language=en |archive-date=June 4, 2023 |archive-url=https://web.archive.org/web/20230604234852/https://www.independent.co.uk/news/world/americas/us-politics/trump-baseball-bat-alvin-bragg-b2307193.html |url-status=live }} On March 26, in an interview with NBC News Meet the Press, Tacopina called these posts "ill-advised".{{cite news |last1=Sharma |first1=Shweta |title=Trump's own lawyer Joe Tacopina calls violent Truth Social post attacking Alvin Bragg 'ill advised' |url=https://www.independent.co.uk/news/world/americas/us-politics/trump-laywer-attack-alvin-bragg-indictment-b2308440.html |access-date=May 31, 2024 |work=The Independent |date=March 27, 2023 |language=en |quote="I'm not his social media consultant," he replied. "I think that was an ill-advised post that one of his social media people put up and he quickly took down when he realised the rhetoric and the photo that was attached to it." |archive-date=April 13, 2024 |archive-url=https://web.archive.org/web/20240413142056/https://www.independent.co.uk/news/world/americas/us-politics/trump-laywer-attack-alvin-bragg-indictment-b2308440.html |url-status=live }}{{Cite web |last=Kika |first=Thomas |date=March 26, 2023 |title=Trump's lawyer admits social media attack on Alvin Bragg 'ill-advised' |url=https://www.newsweek.com/trumps-lawyer-admits-social-media-attack-alvin-bragg-ill-advised-1790358 |access-date=March 26, 2023 |website=Newsweek |language=en |archive-date=March 26, 2023 |archive-url=https://web.archive.org/web/20230326153751/https://www.newsweek.com/trumps-lawyer-admits-social-media-attack-alvin-bragg-ill-advised-1790358 |url-status=live }} On March 27, in an interview with Fox News Sean Hannity, Trump stated that the post was to be a standalone photo of Trump "holding the baseball bat in order to promote 'Made in America'", and that somebody later added Bragg's photo.{{cite news |last1=Mishra |first1=Stuti |title=Trump offers rambling defence of post of him wielding bat next to Alvin Bragg's head |url=https://www.the-independent.com/news/world/americas/us-politics/trump-photo-alvin-bragg-baseball-bat-b2309173.html |access-date=May 31, 2024 |work=The Independent |date=March 28, 2023 |language=en |archive-date=February 9, 2024 |archive-url=https://web.archive.org/web/20240209201911/https://www.the-independent.com/news/world/americas/us-politics/trump-photo-alvin-bragg-baseball-bat-b2309173.html |url-status=live }} Threatening a prosecutor in New York is a crime.}}
Trump has called the investigation a "witch hunt", claiming political persecution.{{cite news |last1=Khardori |first1=Ankush |title=Trump Seems to Be the Victim of a Witch Hunt. So What? |url=https://www.politico.com/news/magazine/2023/03/30/trump-political-witch-hunt-indictment-00089011 |access-date=May 30, 2024 |work=Politico |date=March 30, 2023 |archive-date=March 30, 2023 |archive-url=https://web.archive.org/web/20230330231844/https://www.politico.com/news/magazine/2023/03/30/trump-political-witch-hunt-indictment-00089011 |url-status=live }} Trump proponents have referred to the case as harassment, calling it a "political hack job".{{cite news |last1=Weiss |first1=Benjamin S. |title=Republicans close ranks around Trump after felony conviction |url=https://www.courthousenews.com/republicans-close-ranks-around-trump-after-felony-conviction/ |access-date=May 31, 2024 |work=Courthouse News Service |date=May 31, 2024 |archive-date=June 1, 2024 |archive-url=https://web.archive.org/web/20240601040311/https://www.courthousenews.com/republicans-close-ranks-around-trump-after-felony-conviction/ |url-status=live }} The trial and accompanying political theatrics have been described as a "circus" by the media.{{cite news |last1=Sonenshine |first1=Tara D. |title=As the Trump trials plunge into political theater, the world is watching |url=https://thehill.com/opinion/campaign/4157087-as-the-trump-trials-plunge-into-political-theater-america-must-remember-the-world-is-watching/ |access-date=May 30, 2024 |work=The Hill |date=August 18, 2023 |archive-date=May 30, 2024 |archive-url=https://web.archive.org/web/20240530041822/https://thehill.com/opinion/campaign/4157087-as-the-trump-trials-plunge-into-political-theater-america-must-remember-the-world-is-watching/ |url-status=live }}{{cite news |last1=Wren |first1=Adam |title=When the circus came to Manhattan |url=https://www.politico.com/newsletters/politico-nightly/2024/04/15/when-the-circus-came-to-manhattan-00152351 |access-date=May 30, 2024 |work=Politico |date=April 15, 2024 |archive-date=May 30, 2024 |archive-url=https://web.archive.org/web/20240530042327/https://www.politico.com/newsletters/politico-nightly/2024/04/15/when-the-circus-came-to-manhattan-00152351 |url-status=live }}{{cite news |last1=Swan |first1=Jonathan |last2=Haberman |first2=Maggie |last3=Schweber |first3=Nate |title=The Circus Trump Wanted Outside His Trial Hasn't Arrived |url=https://www.nytimes.com/2024/04/22/us/politics/trump-trial-protests.html |work=The New York Times |date=April 22, 2024 |access-date=May 30, 2024 |archive-date=May 25, 2024 |archive-url=https://web.archive.org/web/20240525191803/https://www.nytimes.com/2024/04/22/us/politics/trump-trial-protests.html |url-status=live }} Due to multiple investigation revivals, the case earned the moniker of "zombie case".{{cite news |last1=Miller |first1=Joe |title=Donald Trump's 'zombie' case lurches towards an unlikely place in history |url=https://www.ft.com/content/23e92bad-b6f5-4dc7-9336-d4e0e4659dcf |access-date=May 31, 2024 |work=Financial Times |date=April 10, 2024 |quote=Yet on Monday, the "zombie" case — abandoned by a former district attorney and by federal prosecutors who presumably thought it too flimsy to charge, before being revived last year — will roar back to life, as the first-ever criminal indictment of a former US president proceeds to trial in New York. |archive-date=May 14, 2024 |archive-url=https://web.archive.org/web/20240514235613/https://www.ft.com/content/23e92bad-b6f5-4dc7-9336-d4e0e4659dcf |url-status=live }}
Initial proceedings
= Indictment and charges =
File:Donald-J.-Trump-Indictment.pdf
The Manhattan grand jury voted to indict Trump on March 30, 2023.{{Cite news |last=Stein |first=Perry |date=March 30, 2023 |title=Trump is indicted in N.Y. Here's what it means and what happens next |newspaper=The Washington Post |url=https://www.washingtonpost.com/national-security/2023/03/30/donald-trump-indictment-what-it-means/ |access-date=March 30, 2023}} The indictment was filed with the New York Supreme Court (the ordinary trial court for felonies in the state of New York and not the final court of appeal for the state) the same day.{{Cite news |last=Feinberg |first=Andrew |date=March 30, 2023 |title=Trump indicted over hush money payments in Stormy Daniels probe |work=The Independent |url=https://www.independent.co.uk/news/world/americas/us-politics/donald-trump-stormy-daniels-charged-b2299280.html |url-status=live |access-date=March 30, 2023 |archive-url=https://web.archive.org/web/20230330231806/https://www.independent.co.uk/news/world/americas/us-politics/donald-trump-stormy-daniels-charged-b2299280.html |archive-date=March 30, 2023}} The charges were under seal until published when Trump was arraigned.{{Cite news |last1=Sangal |first1=Aditi |last2=Vogt |first2=Adrienne |last3=Hayes |first3=Mike |last4=Powell |first4=Tori B. |last5=Iyer |first5=Kaanita |date=April 4, 2023 |title=The Trump indictment is now public. Read it here. |url=https://edition.cnn.com/politics/live-news/trump-new-york-court-arraignment-04-04-23#h_d7e47008ede048357837c9cab6eb2378 |access-date=April 4, 2023 |work=CNN |archive-date=April 4, 2023 |archive-url=https://web.archive.org/web/20230404213641/https://edition.cnn.com/politics/live-news/trump-new-york-court-arraignment-04-04-23/h_d7e47008ede048357837c9cab6eb2378 |url-status=live }}{{Cite news |last=Cramer |first=Maria |date=March 31, 2023 |title=Here's how indictments work in the United States' legal system. |work=The New York Times |url=https://www.nytimes.com/2023/03/31/nyregion/how-indictments-work-us.html |url-status=live |access-date=March 31, 2023 |archive-url=https://web.archive.org/web/20230331150337/https://www.nytimes.com/2023/03/31/nyregion/how-indictments-work-us.html/ |archive-date=March 31, 2023 |issn=0362-4331}}
The indictment charged Trump with 34 felony counts of falsifying business records in the first degree, in violation of New York Penal Law §175.10.{{Cite web |last=Boboltz |first=Sara |date=2024-05-14 |title=Manhattan DA Releases Visual Detailing 34 Counts Against Trump |url=https://www.huffpost.com/entry/donald-trump-hush-money-trial-week-5-live-updates_n_6640feebe4b0866a5b2c29ad/liveblog_664373f3e4b09724138da2fd |access-date=2024-05-14 |website=HuffPost |language=en |archive-date=May 14, 2024 |archive-url=https://web.archive.org/web/20240514151755/https://www.huffpost.com/entry/donald-trump-hush-money-trial-week-5-live-updates_n_6640feebe4b0866a5b2c29ad/liveblog_664373f3e4b09724138da2fd |url-status=live }}{{Cite web |url=https://www.nysenate.gov/legislation/laws/PEN/175.10 |title=New York Penal Law Section 175.10, Falsifying business records in the first degree. |access-date=April 3, 2024 |archive-date=April 3, 2024 |archive-url=https://web.archive.org/web/20240403225009/https://www.nysenate.gov/legislation/laws/PEN/175.10 |url-status=live }} Each count is related to a specific business document, each having a date ranging from February 14 through December 5, 2017:{{cite news |last=Marimow |first=Ann E. |date=April 4, 2023 |title=Here are the 34 charges against Trump and what they mean |url=https://www.washingtonpost.com/national-security/2023/04/04/trump-charges-34-counts-felony/ |url-status=live |archive-url=https://archive.today/20230404194315/https://www.washingtonpost.com/national-security/2023/04/04/trump-charges-34-counts-felony/ |archive-date=April 4, 2023 |access-date=April 4, 2023 |newspaper=The Washington Post}}{{cite news |date=April 4, 2023 |title=The People of the State of New York against Donald J. Trump |url=https://www.washingtonpost.com/documents/74a68faf-fccb-4d65-91e3-479c81df590d.pdf |archive-url=https://web.archive.org/web/20230404200340/https://www.washingtonpost.com/documents/74a68faf-fccb-4d65-91e3-479c81df590d.pdf |archive-date=April 4, 2023 |newspaper=The Washington Post}}
- 11 for invoices from Michael Cohen
- 9 for general ledger entries for Donald J. Trump
- 9 for checks from Donald J. Trump
- 3 for general ledger entries for the Donald J. Trump Revocable Trust
- 2 for checks from the Donald J. Trump Revocable Trust
The allegedly falsified documents are related to Trump's payment to Stormy Daniels as hush money. The payments were listed in the business records as a legal expense payable to Michael Cohen. The indictment alleges that they were actually to reimburse Cohen for the earlier, allegedly illicit, payment to Daniels.
Falsifying business records in the first degree is a felony under New York state law that requires that the "intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof". This is in contrast to falsifying business records in the second degree, which is a misdemeanor that does not have that requirement.{{Cite news |date=March 31, 2023 |title=Alvin Bragg, the district attorney behind the case against Trump |work=Financial Times |url=https://www.ft.com/content/db6d9c4c-bb3a-4ef6-8ff9-4ab7b736cd3c |access-date=March 31, 2023 |archive-date=March 27, 2023 |archive-url=https://web.archive.org/web/20230327025414/https://www.ft.com/content/db6d9c4c-bb3a-4ef6-8ff9-4ab7b736cd3c |url-status=live }}{{Cite news |last=Chaffin |first=Joshua |date=March 31, 2023 |title=Donald Trump indictment thrusts a divided nation into new chapter of chaos |work=Financial Times |url=https://www.ft.com/content/e16eddb7-afe0-46e6-b860-3e09ed20c114 |url-status=live |access-date=March 31, 2023 |archive-url=https://web.archive.org/web/20230331175117/https://www.ft.com/content/e16eddb7-afe0-46e6-b860-3e09ed20c114 |archive-date=March 31, 2023}} The charges neither include, nor even identify, the additional crimes, constituting a relatively unusual strategy for the DA:Protess, Ben et al. [https://www.nytimes.com/2023/05/07/nyregion/trump-indictment-bragg-strategy.html "In Trump Case, Bragg Pursues a Common Charge With a Rarely Used Strategy"] {{Webarchive|url=https://web.archive.org/web/20230507100030/https://www.nytimes.com/2023/05/07/nyregion/trump-indictment-bragg-strategy.html/ |date=May 7, 2023 }} New York Times (May 7, 2023).{{cquote|A New York Times analysis of about 30 false business records cases brought by Mr. Bragg and his predecessor — based on court records, interviews and information the office provided — shows that in this respect, the case against Mr. Trump stands apart. In all but two of the indictments reviewed by The Times, the defendant was charged with an additional crime on top of the false records charge.
}}
In later filings, Bragg listed (but still did not charge) three general types of crime that Trump allegedly intended to commit: violation of federal campaign finance limits, violation of state election laws by unlawfully influencing the 2016 election, and violation of state tax laws regarding the reimbursement.{{Cite news |last=Nakamura |first=David |date=2024-04-10 |title=What to know about Trump's New York charges — and any potential sentence |url=https://www.washingtonpost.com/national-security/2024/04/08/falsifying-business-records-charges-trump-hush-money-case/ |url-status=live |archive-url=https://web.archive.org/web/20240423234653/https://www.washingtonpost.com/national-security/2024/04/08/falsifying-business-records-charges-trump-hush-money-case/ |archive-date=April 23, 2024 |access-date=2024-04-10 |newspaper=The Washington Post |language=en-US |issn=0190-8286}} Trump could have moved to allow the jury to convict on the misdemeanor charges as a lesser included offense, but he did not.{{Cite web |last=Khardori |first=Ankush |date=2024-04-11 |title=The Surprising Strategy Trump Could Use to Win His Manhattan Trial |url=https://www.politico.com/news/magazine/2024/04/11/trump-alvin-bragg-trial-win-00151558 |url-status=live |archive-url=https://web.archive.org/web/20240412153850/https://www.politico.com/news/magazine/2024/04/11/trump-alvin-bragg-trial-win-00151558 |archive-date=April 12, 2024 |access-date=2024-04-12 |website=Politico}}{{Cite news |last=Orden |first=Erica |date=May 27, 2024 |title=It's not just guilty or not guilty. Here are all the possible outcomes of the Trump trial. |url=https://www.politico.com/news/2024/05/27/trump-trial-possible-outcomes-00160042 |access-date=June 1, 2024 |work=Politico |archive-date=May 31, 2024 |archive-url=https://web.archive.org/web/20240531094336/https://www.politico.com/news/2024/05/27/trump-trial-possible-outcomes-00160042 |url-status=live }}
Each count for which Trump was convicted could result in a sentence of up to four years, to be served consecutively, with a maximum sentence of 20 years.{{cite web |last=Wolf |first=Zachary B. |date=April 13, 2024 |title=Your questions about Trump's trial, answered |url=https://www.cnn.com/2024/04/13/politics/questions-trump-trial-answered-what-matters |url-status=live |archive-url=https://web.archive.org/web/20240414193600/https://www.cnn.com/2024/04/13/politics/questions-trump-trial-answered-what-matters/ |archive-date=April 14, 2024 |access-date=April 14, 2024 |website=CNN}}{{Cite news |last=Isikoff |first=Michael |date=April 4, 2023 |title=Exclusive: Trump to be charged Tuesday with 34 felony counts, but spared handcuffs and mug shot |url=https://news.yahoo.com/exclusive-trump-to-be-charged-tuesday-with-34-felony-counts-but-spared-handcuffs-and-mug-shot-001241750.html |url-status=live |archive-url=https://web.archive.org/web/20230404004644/https://news.yahoo.com/exclusive-trump-to-be-charged-tuesday-with-34-felony-counts-but-spared-handcuffs-and-mug-shot-001241750.html |archive-date=April 4, 2023 |access-date=April 4, 2023 |work=Yahoo! News}}{{Cite news |last=Massie |first=Graeme |date=April 4, 2023 |title=Trump to face 34 felony charges but won't have mugshot or be handcuffed, report says |url=https://www.independent.co.uk/news/world/americas/us-politics/donald-trump-felony-charges-indictment-stormy-daniels-b2313564.html |url-status=live |archive-url=https://web.archive.org/web/20230404023804/https://www.independent.co.uk/news/world/americas/us-politics/donald-trump-felony-charges-indictment-stormy-daniels-b2313564.html |archive-date=April 4, 2023 |access-date=April 4, 2023 |work=The Independent}} He is permitted to assume the presidency even should he be in prison.{{Cite web |last=Astor |first=Maggie |date=Feb 2, 2024 |title=What Happens if a Presidential Candidate Is Convicted? |url=https://www.nytimes.com/article/trump-investigation-conviction.html |url-status=live |archive-url=https://web.archive.org/web/20240217074100/https://www.nytimes.com/article/trump-investigation-conviction.html |archive-date=February 17, 2024 |access-date=February 17, 2024 |website=The New York Times}} The judge may also choose to impose no prison sentence.{{Cite news |last=Marimow |first=Anne E. |date=April 4, 2023 |title=Here are the 34 charges against Trump and what they mean |url=https://www.washingtonpost.com/national-security/2023/04/04/trump-charges-34-counts-felony/ |url-status=live |archive-url=https://web.archive.org/web/20230405092435/https://www.washingtonpost.com/national-security/2023/04/04/trump-charges-34-counts-felony/ |archive-date=April 5, 2023 |access-date=April 4, 2023 |newspaper=Washington Post}}
The conviction did not legally prohibit Trump from continuing his campaign in the 2024 presidential election, which he won. (Trump had stated in an April 2023 Fox News interview with Tucker Carlson that he would continue his candidacy even if convicted.){{Cite web |last=Gerstein |first=Josh |date=April 6, 2023 |title=Can Trump run for president from prison? Yes, and it's been done before. |url=https://www.politico.com/news/2023/04/06/trump-running-for-president-prison-00090931 |url-status=live |archive-url=https://web.archive.org/web/20230407081912/https://www.politico.com/news/2023/04/06/trump-running-for-president-prison-00090931 |archive-date=April 7, 2023 |access-date=April 7, 2023 |website=Politico |language=en}}{{Cite web |last=Watson |first=Kathryn |date=April 11, 2023 |title=Trump says he won't drop out of presidential race if convicted |url=https://www.cbsnews.com/news/trump-wont-drop-out-if-convicted-tucker-carlson-interview/ |url-status=live |archive-url=https://web.archive.org/web/20230412090952/https://www.cbsnews.com/news/trump-wont-drop-out-if-convicted-tucker-carlson-interview/ |archive-date=April 12, 2023 |access-date=April 12, 2023 |website=CBS News |language=en-US}}
= Arraignment =
File:Press gather outside SDNY on the eve of Trump's indictment 15315.png
File:NYPD school buses block Trump Tower 12376.png and used police buses to block the opposite side of the street.]]
Trump was arraigned on April 4, 2023. A law enforcement source told Reuters that police would close streets around the courthouse in advance of Trump's expected appearance.{{Cite news |last1=Freifeld |first1=Karen |last2=Cohen |first2=Luc |last3=Clifford |first3=Tyler |date=March 31, 2023 |title=Trump to face criminal charges, sending US into uncharted waters |url=https://www.reuters.com/legal/watershed-moment-trump-indictment-sets-us-uncertain-course-2023-03-31/ |url-status=live |archive-url=https://web.archive.org/web/20230331132829/https://www.reuters.com/legal/watershed-moment-trump-indictment-sets-us-uncertain-course-2023-03-31/ |archive-date=March 31, 2023 |access-date=March 31, 2023 |work=Reuters}} On April 3, Trump flew from Palm Beach International Airport into LaGuardia Airport on his private plane, and took his motorcade to Trump Tower, where he stayed the night.{{Cite news |last1=Freifeld |first1=Karen |last2=Mckay |first2=Rich |date=April 3, 2023 |title=Trump arrives in New York for surrender, opposes TV court coverage |work=Reuters |url=https://www.reuters.com/world/us/trump-fly-new-york-court-surrender-amid-tight-security-2023-04-03/ |url-status=live |access-date=April 3, 2023|archive-url=https://web.archive.org/web/20230403092820/https://www.reuters.com/world/us/trump-fly-new-york-court-surrender-amid-tight-security-2023-04-03/ |archive-date=April 3, 2023}}{{Cite news |last=Yu |first=Janice |date=April 3, 2023 |title=Security stepped up at Trump Tower, Lower Manhattan courthouse ahead of Trump arraignment |work=WABC-TV |url=https://abc7ny.com/trump-indictment-nypd-security-donald-arraignment/13076721/ |access-date=April 3, 2023 |archive-date=April 3, 2023 |archive-url=https://web.archive.org/web/20230403130104/https://abc7ny.com/trump-indictment-nypd-security-donald-arraignment/13076721/ |url-status=live }} Todd Blanche, a lawyer who had defended Paul Manafort during his 2016 fraud trial, had recently resigned from his law firm to aid Trump's case.{{Cite news |last=Orden |first=Erica |date=April 3, 2023 |title=Trump taps white-collar attorney to helm indictment defense |work=Politico |url=https://www.politico.com/news/2023/04/03/trump-todd-blanche-indictment-attorney-00090157 |access-date=April 3, 2023 |archive-date=April 3, 2023 |archive-url=https://web.archive.org/web/20230403175215/https://www.politico.com/news/2023/04/03/trump-todd-blanche-indictment-attorney-00090157 |url-status=live }} Police increased security in and around Manhattan ahead of the arraignment; authorities said there were no credible threats of violence or organized plans of protests. Eric Adams, the mayor of New York City, warned protestors to be peaceful.{{Cite news |last=Kilgannon |first=Corey |date=April 3, 2023 |title=Trump Arrives in New York for an Arraignment That Will Make History |work=The New York Times |url=https://www.nytimes.com/2023/04/03/nyregion/adams-trump-nyc.html |access-date=April 3, 2023 |issn=0362-4331 |archive-date=April 3, 2023 |archive-url=https://web.archive.org/web/20230403173250/https://www.nytimes.com/2023/04/03/nyregion/adams-trump-nyc.html |url-status=live }} Acting New York Supreme Court Justice Juan Merchan is presiding over the case.{{Cite news |last1=Rashbaum |first1=William K. |last2=Bromwich |first2=Jonah E. |date=March 31, 2023 |title=Judge Who Oversaw Tax Fraud Case Against Trump's Business Expected to Preside Over His Arraignment |work=The New York Times |url=https://www.nytimes.com/2023/03/31/nyregion/juan-merchan-trump-arraignment.html |access-date=March 31, 2023 |issn=0362-4331 |archive-date=March 31, 2023 |archive-url=https://web.archive.org/web/20230331213508/https://www.nytimes.com/2023/03/31/nyregion/juan-merchan-trump-arraignment.html/ |url-status=live }} Merchan denied a motion filed by media organizations to allow a television broadcast of the arraignment or to allow electronic devices to be used in the courtroom, but allowed five press pool still photographers.{{Cite news |author=Kelly Garrity |work=Politico |date=April 3, 2023 |url=https://www.politico.com/news/2023/04/03/electronics-courtroom-trump-arraignment-judge-00090281 |title=No electronics in courtroom for Trump's arraignment, judge says |access-date=April 5, 2023 |archive-date=April 5, 2023 |archive-url=https://web.archive.org/web/20230405055207/https://www.politico.com/news/2023/04/03/electronics-courtroom-trump-arraignment-judge-00090281 |url-status=live}}{{Cite news |url=https://www.cnn.com/2023/04/03/politics/trump-courtroom-camera/index.html |work=CNN |author=Tierney Sneed |title=Judge won't let news cameras broadcast Trump's full court appearance |date=April 3, 2023 |access-date=April 5, 2023 |archive-date=April 5, 2023 |archive-url=https://web.archive.org/web/20230405105222/https://www.cnn.com/2023/04/03/politics/trump-courtroom-camera/index.html |url-status=live}} Courtroom sketch artists also documented the proceedings.{{Cite news |first=Frias |last=Lauren |url=https://www.businessinsider.com/courtroom-sketches-capture-former-president-donald-trumps-arraignment-2023-4 |title=Courtroom sketches capture former President Donald Trump's arraignment after cameras, phones, and electronics were banned at the start of the proceedings |work=Business Insider |date=April 4, 2023 |archive-url=https://web.archive.org/web/20230405083738/https://www.businessinsider.com/courtroom-sketches-capture-former-president-donald-trumps-arraignment-2023-4 |archive-date=April 5, 2023}} The courtroom's glass doors were covered as a security measure.{{Cite news |last1=Sangal |first1=Aditi |last2=Vogt |first2=Adrienne |last3=Hayes |first3=Mike |last4=Iyer |first4=Kaanita |date=April 4, 2023 |title=About those covered-up glass doors that Trump emerged from|url=https://www.cnn.com/politics/live-news/trump-new-york-court-arraignment-04-04-23/h_e473d97ad45b18849e853759643ba7b1 |access-date=April 4, 2023 |work=CNN}}
Upon entering the courthouse, he was put in police custody and placed under arrest.{{Cite news |url=https://www.cnn.com/politics/live-news/trump-new-york-court-arraignment-04-04-23/h_8144a1bbbc6006bfe56ad5ea6cb42384 |title=Trump arrives at Manhattan district attorney's office and is in police custody ahead of arraignment |date=April 4, 2023 |work=CNN |access-date=April 4, 2023 |archive-date=April 4, 2023 |archive-url=https://web.archive.org/web/20230404191238/https://www.cnn.com/politics/live-news/trump-new-york-court-arraignment-04-04-23/h_8144a1bbbc6006bfe56ad5ea6cb42384 |url-status=live }}{{Cite news |url=https://www.cnn.com/politics/live-news/trump-new-york-court-arraignment-04-04-23/h_262b0e73555a20dcb7af91255cf61003 |title=Trump is under arrest ahead of arraignment |date=April 4, 2023 |last=Herb |first=Jeremy |work=CNN |access-date=April 4, 2023 |archive-date=April 4, 2023 |archive-url=https://web.archive.org/web/20230404181839/https://www.cnn.com/politics/live-news/trump-new-york-court-arraignment-04-04-23/h_262b0e73555a20dcb7af91255cf61003 |url-status=live }} He was booked and fingerprinted, but he was not handcuffed, nor was a mug shot taken.{{cite news|author=Alex Kasprak |url=https://www.snopes.com/fact-check/trump-under-arrest/ |publisher=Snopes |title=Was Donald Trump Placed 'Under Arrest' at Manhattan Courthouse? |date=April 4, 2023 |access-date=April 5, 2023 |archive-date=April 5, 2023 |archive-url=https://web.archive.org/web/20230405082541/https://www.snopes.com/fact-check/trump-under-arrest/ |url-status=live}}{{cite news |last=Swenson |first=Ali |date=April 5, 2023 |url=https://apnews.com/article/trump-indictment-mug-shot-fact-check-2a57de9b109fa95f833c62e5509b9e45 |title=FACT FOCUS: Fake Trump mug shots spread in lieu of real one |work=AP News |quote=After he was taken into custody on Tuesday, Trump was fingerprinted as part of the booking process, but his mug shot was not taken |access-date=April 5, 2023 |archive-date=April 5, 2023|archive-url=https://web.archive.org/web/20230405085418/https://apnews.com/article/trump-indictment-mug-shot-fact-check-2a57de9b109fa95f833c62e5509b9e45|url-status=live}} Trump entered the courtroom an hour later,{{Cite news |url=https://www.cnn.com/politics/live-news/trump-new-york-court-arraignment-04-04-23/h_a0ef3b60d2dddbe9a8c7b2ea71012fde |title=Trump arraignment underway in criminal courtroom |date=April 4, 2023 |work=CNN |access-date=April 4, 2023 |archive-date=April 4, 2023 |archive-url=https://web.archive.org/web/20230404191250/https://www.cnn.com/politics/live-news/trump-new-york-court-arraignment-04-04-23/h_a0ef3b60d2dddbe9a8c7b2ea71012fde |url-status=live }} pleading not guilty to 34 felony charges.{{Cite news |url=https://www.nytimes.com/live/2023/04/04/nyregion/trump-arrest-arraignment/5617ad4c-cad7-5fc4-93ae-0c79d92d6d00 |title=The former president was charged with 34 felonies and pleaded not guilty before State Supreme Court Justice Juan M. Merchan. |date=April 4, 2023 |last=Rashbaum |first=William |newspaper=The New York Times |access-date=April 4, 2023 |archive-date=April 4, 2023|archive-url=https://web.archive.org/web/20230404191300/https://www.nytimes.com/live/2023/04/04/nyregion/trump-arrest-arraignment/5617ad4c-cad7-5fc4-93ae-0c79d92d6d00 |url-status=live }} The indictment was unsealed (publicly released) shortly thereafter, charging Trump with 34 counts of falsifying business records in the first degree as part of a "conspiracy to undermine the integrity of the 2016 election".{{Cite news |url=https://www.nytimes.com/live/2023/04/04/nyregion/trump-arrest-arraignment/trump-charges |title=Here are the 34 charges against Trump. |date=April 4, 2023 |last=Gold |first=Michael |newspaper=The New York Times |access-date=April 4, 2023 |archive-date=April 4, 2023 |archive-url=https://web.archive.org/web/20230404213627/https://www.nytimes.com/live/2023/04/04/nyregion/trump-arrest-arraignment/trump-charges-falsifying-business-records |url-status=live }}{{cite news |title=Prosecutor calls alleged Trump hush money payments part of 'conspiracy to undermine the integrity of the 2016 election' |url=https://www.sandiegouniontribune.com/news/nation-world/story/2023-04-04/prosecutor-calls-alleged-trump-hush-money-payments-part-of-conspiracy-to-undermine-the-integrity-of-the-2016-election |agency=via San Diego Union-Tribune |publisher=Associated Press |date=April 4, 2023 |access-date=April 4, 2023 |archive-date=April 4, 2023 |archive-url=https://web.archive.org/web/20230404213623/https://www.sandiegouniontribune.com/news/nation-world/story/2023-04-04/prosecutor-calls-alleged-trump-hush-money-payments-part-of-conspiracy-to-undermine-the-integrity-of-the-2016-election |url-status=live }} This marked the first indictment of a former U.S. president.{{Cite news |last=Katersky |first=Aaron |date=March 30, 2023 |title=Trump live updates: Trump indicted by Manhattan grand jury, sources say |url=https://abcnews.go.com/US/live-updates/trump-charges/ |access-date=March 30, 2023 |work=ABC News}}{{Cite news |last1=Sisak |first1=Michael R. |last2=Peltz |first2=Jennifer |last3=Tucker |first3=Eric |date=March 30, 2023 |title=Lawyer: Trump indicted; 1st ex-president charged with crime |url=https://apnews.com/article/trump-hush-money-new-york-indictment-election-027d0e5ac1881a4c55c6379deae75faa |url-status=live |archive-url=https://web.archive.org/web/20230330230131/https://apnews.com/article/trump-hush-money-new-york-indictment-election-027d0e5ac1881a4c55c6379deae75faa |archive-date=March 30, 2023 |access-date=March 30, 2023 |work=AP News}}{{Cite news |last=Pengelly |first=Martin |date=March 30, 2023 |title=Donald Trump indicted over 2016 hush money payment – report |url=https://www.theguardian.com/us-news/2023/mar/30/donald-trump-indicted-stormy-daniels-hush-money |url-status=live |archive-url=https://web.archive.org/web/20230330230438/https://www.theguardian.com/us-news/2023/mar/30/donald-trump-indicted-stormy-daniels-hush-money |archive-date=March 30, 2023 |access-date=March 30, 2023 |work=The Guardian |issn=0261-3077}} At the arraignment, Merchan warned Trump not to use social media to incite violence.{{Cite web |last=Grenoble |first=Ryan |date=April 4, 2023 |title=Judge Warns Donald Trump Against Using Social Media To 'Incite Violence' |url=https://www.huffpost.com/entry/trump-judge-social-media-violence_n_642c4a12e4b0c8ff04089deb |url-status=live |archive-url=https://web.archive.org/web/20230404230337/https://www.huffpost.com/entry/trump-judge-social-media-violence_n_642c4a12e4b0c8ff04089deb |archive-date=April 4, 2023 |access-date=April 5, 2023 |website=HuffPost |language=en}}
Possible trial dates were discussed; prosecutors proposed January 2024. But Trump's defense team objected, saying the trial should be set for later in 2024.
Immediately after the arraignment, Trump returned to Mar-a-Lago and addressed a crowd of supporters in the evening.{{Cite news |last1=Sangal |first1=Aditi |last2=Vogt |first2=Adrienne |last3=Hayes |first3=Mike |last4=Powell |first4=Tori B. |last5=Iyer |first5=Kaanita |last6=Vera |first6=Vera |last7=Chowdhury |first7=Maureen |date=April 4, 2023 |title=Trump makes public case against indictment. Here are the key lines from his Mar-a-Lago remarks |url=https://edition.cnn.com/politics/live-news/trump-new-york-court-arraignment-04-04-23#h_fa3c765cc85905a663d76bc81cb854fc |access-date=April 5, 2023 |work=CNN |archive-date=April 5, 2023 |archive-url=https://web.archive.org/web/20230405033844/https://edition.cnn.com/politics/live-news/trump-new-york-court-arraignment-04-04-23/h_fa3c765cc85905a663d76bc81cb854fc |url-status=live }} Trump made several false claims about topics such as his handling of government documents, District Attorney Bragg, and the Trump–Raffensperger phone call.{{Cite news |last=Dale |first=Daniel |author-link=Daniel Dale |date=April 5, 2023 |title=Fact check: Trump delivers barrage of false claims in first post-indictment address |url=https://www.cnn.com/2023/04/04/politics/donald-trump-arraignment-speech-fact-check/index.html |access-date=April 13, 2023 |work=CNN |archive-date=April 12, 2023 |archive-url=https://web.archive.org/web/20230412114820/https://www.cnn.com/2023/04/04/politics/donald-trump-arraignment-speech-fact-check/index.html |url-status=live }}
Pre-trial proceedings
File:100 Centre St - New York City (48126525691).jpg neighborhood.]]
During Trump's arraignment, the court set deadlines for pre-trial proceedings, including for prosecutors to provide discovery to the defense.{{Cite news |last=Orden |first=Erica |title=What happens next in People v. Donald Trump |url=https://www.politico.com/news/2023/04/05/trump-trial-timeline-00090688 |url-status=live |archive-url=https://web.archive.org/web/20230406040249/https://www.politico.com/news/2023/04/05/trump-trial-timeline-00090688 |archive-date=April 6, 2023 |access-date=April 6, 2023 |work=Politico}} The court set a deadline of August 8, 2023, for pre-trial motions to be filed.
As he had done in other cases, Trump used "attack-and-delay" tactics, targeting the prosecutors and the judge while prolonging proceedings, with the aim that the case might continue into late 2024, near the presidential election.{{cite news |first1=Josh |last1=Gerstein|first2=Kyle |last2=Cheney |url=https://www.politico.com/news/2023/04/01/trump-indictment-trial-date-delay-00090028 |title='Delay, delay, delay': How Trump could push his trial into the heart of campaign season |archive-url=https://web.archive.org/web/20230408123349/https://www.politico.com/news/2023/04/01/trump-indictment-trial-date-delay-00090028 |archive-date=April 8, 2023 |work=Politico |date=April 1, 2023 }}{{cite news |first1=William K. |last1=Rashbaum |first2=Maggie |last2=Haberman |author-link2=Maggie Haberman |first3=Charlie |last3=Savage |first4=Jonah E. |last4=Bromwich |url=https://www.nytimes.com/2023/04/01/nyregion/trump-bragg-legal-defense-strategy.html |title=Donald Trump's Time-Tested Legal Strategy: Attack and Delay |archive-url=https://web.archive.org/web/20230409043243/https://www.nytimes.com/2023/04/01/nyregion/trump-bragg-legal-defense-strategy.html |archive-date=April 9, 2023 |url-status=live |work=The New York Times |date=April 1, 2023 }}
Trump's lawyers maintained that he was unaware of any allegedly unlawful schemes that his allies or associates may have engaged in.Lee, Ella. [https://thehill.com/regulation/court-battles/4683990-trumps-hush-money-jury-deliberations/damp/?nxs-test=damp "Trump's hush-money jury faces daunting deliberations"], The Hill (May 26, 2024): "defense attorneys contend Trump maintained a degree of separation from his allies working to launch him to the nation's highest office, unaware of any unlawful schemes they engaged in to get him there". On March 12, 2024, the defense team filed their strategy writing "President Trump lacked the requisite intent to commit the conduct charged in the Indictment because of his awareness that various lawyers were involved in the underlying conduct giving rise to the charges."{{cite news |last1=Katersky |first1=Aaron |last2=Charalambous |first2=Peter |title=Trump, in hush money trial, won't use 'advice of counsel' defense – but will still argue lawyers were involved |url=https://abcnews.go.com/US/trump-hush-money-trial-advice-counsel-defense-argue/story?id=108060277 |access-date=May 30, 2024 |work=ABC News |date=March 12, 2024 |language=en |archive-date=May 29, 2024 |archive-url=https://web.archive.org/web/20240529200101/https://abcnews.go.com/US/trump-hush-money-trial-advice-counsel-defense-argue/story?id=108060277 |url-status=live }} The defense counsel stated that they would not invoke the formal "advice of counsel" defense, but that Trump would "elicit evidence concerning the presence, involvement and advice of lawyers in relevant events giving rise to the charges".{{cite news |last1=O'Connor |first1=Lydia |title=Trump Plans To Cite 'Advice Of Lawyers' In Hush Money Case Defense |url=https://www.huffpost.com/entry/trump-hush-money-advice-of-counsel_n_65f0bc2ce4b01707c6d21c6d |access-date=May 30, 2024 |work=HuffPost |date=March 13, 2024 |language=en |archive-date=April 7, 2024 |archive-url=https://web.archive.org/web/20240407054023/https://www.huffpost.com/entry/trump-hush-money-advice-of-counsel_n_65f0bc2ce4b01707c6d21c6d |url-status=live }}{{efn|Trump had previously stated that he would invoke the "advice of counsel" defense. For Trump, this defense would allow him to prove that he disclosed the details of the hush money payment to his legal counsel, sought and obtained guidance that the payment was lawful, and then acted upon that advice in good faith. On May 28, 2024, Trump claimed he was prohibited from using the advice of counsel defense writing "THE GREATEST CASE I'VE EVER SEEN FOR RELIANCE ON COUNSEL, AND JUDGE MERCHAN WILL NOT, FOR WHATEVER REASON, LET ME USE THAT AS A DEFENSE IN THIS RIGGED TRIAL. ANOTHER TERM, ADVICE OF COUNSEL DEFENSE!"{{cite magazine |last1=Ramirez |first1=Nikki McCann |title=Trump Squeezes in All-Caps Meltdown Before Jury Begins Deliberating |url=https://www.rollingstone.com/politics/politics-news/trump-rages-truth-social-hush-money-jury-deliberation-1235029278/ |access-date=May 30, 2024 |magazine=Rolling Stone |date=May 29, 2024 |archive-date=May 30, 2024 |archive-url=https://web.archive.org/web/20240530040124/https://www.rollingstone.com/politics/politics-news/trump-rages-truth-social-hush-money-jury-deliberation-1235029278/ |url-status=live }}}}
= Request for indictment dismissal =
On September 29, 2023, Trump's team submitted omnibus motions to dismiss the indictment and requested clarification of the charges.{{Cite web|url=https://www.documentcloud.org/documents/24425112-20230929-djt-omnibus-motions_redacted?responsive=1&title=1|title=Memorandum of law in support of Donald J. Trump's omnibus motions|access-date=May 5, 2024|archive-date=February 25, 2024|archive-url=https://web.archive.org/web/20240225044941/https://www.documentcloud.org/documents/24425112-20230929-djt-omnibus-motions_redacted?responsive=1&title=1|url-status=live}}
On April 27, Trump's team asked for the charges to be explained in full.{{Cite news |last=Pagliery |first=Jose |date=2023-05-19 |title=Trump's New Ploy to Knock the Manhattan DA's Case Down to Misdemeanors |url=https://www.thedailybeast.com/trumps-new-ploy-to-knock-the-manhattan-das-case-down-to-misdemeanors |access-date=2023-05-19 |work=The Daily Beast |language=en |archive-date=April 16, 2024 |archive-url=https://web.archive.org/web/20240416183240/https://www.thedailybeast.com/trumps-new-ploy-to-knock-the-manhattan-das-case-down-to-misdemeanors |url-status=live }} It was possible that the second crime(s) would eventually be specified in a bill of particulars,{{Cite web |last1=Sheth |first1=Sonam |last2=Italiano |first2=Laura |last3=Seddiq |first3=Oma |date=April 10, 2023 |title=DA Alvin Bragg's one-time rival explains why he was '100 percent right' to leave a gaping hole in Trump's indictment |url=https://www.businessinsider.com/why-alvin-bragg-isnt-sweating-misdemeanors-trump-indictment-2023-4 |access-date=April 11, 2023 |website=Business Insider |language=en-US |archive-date=April 11, 2023 |archive-url=https://web.archive.org/web/20230411022843/https://www.businessinsider.com/why-alvin-bragg-isnt-sweating-misdemeanors-trump-indictment-2023-4 |url-status=live }} but according to a governing appeals case from {{Circa|1980}} this is not necessary.{{Cite news |last1=Protess |first1=Ben |last2=Christobek |first2=Kate |last3=Bromwich |first3=Jonah E. |last4=Rashbaum |first4=William K. |last5=Piccoli |first5=Sean |date=May 7, 2023 |title=In Trump Case, Bragg Pursues a Common Charge With a Rarely Used Strategy |url=https://www.nytimes.com/2023/05/07/nyregion/trump-indictment-bragg-strategy.html |access-date=May 7, 2023 |work=The New York Times |language=en-US |issn=0362-4331 |archive-date=May 7, 2023 |archive-url=https://web.archive.org/web/20230507100030/https://www.nytimes.com/2023/05/07/nyregion/trump-indictment-bragg-strategy.html/ |url-status=live }} On May 16, the DA's office argued that it did not need to elaborate further on the basis that Trump already "has more than sufficient information to prepare his defense", while reiterating possible secondary charges.{{Cite web |last=Katersky |first=Aaron |date=2023-05-16 |title=Trump not entitled to more info about fraud charges against him, DA's office argues |url=https://www.yahoo.com/gma/trump-not-entitled-more-fraud-192041298.html |access-date=2023-05-18 |website=ABC News |language=en-US |via=Yahoo! News |archive-date=May 25, 2023 |archive-url=https://web.archive.org/web/20230525155730/https://www.yahoo.com/gma/trump-not-entitled-more-fraud-192041298.html |url-status=live }}{{Cite web |last=Rubin |first=Jordan |date=2023-05-17 |title=Manhattan prosecutors get a little more specific on Trump hush money charges |url=https://www.msnbc.com/deadline-white-house/deadline-legal-blog/trump-hush-money-charges-bragg-rcna84860 |access-date=2023-05-18 |website=MSNBC |language=en |archive-date=April 15, 2024 |archive-url=https://web.archive.org/web/20240415123637/https://www.msnbc.com/deadline-white-house/deadline-legal-blog/trump-hush-money-charges-bragg-rcna84860 |url-status=live }}{{efn|In a post-arraignment news conference, Bragg cited potential violations including the alleged (1) unlawful promotion of a candidacy, (2) payment to Daniels exceeding the federal campaign contribution allowance, (3) illegal catch and kill operation coordinated with American Media, Inc., which may have falsely characterized related payments, and (4) underlying tax fraud when Weisselberg apparently recorded the reimbursement to Cohen as taxable income.|name=particulars}} Trump's team was reportedly considering invoking a 2000 U.S. Supreme Court decision which emphasizes the importance of specifying punishable criminal charges; additionally, a 1999 decision states that "any fact ... that increases the maximum penalty for [one] crime must be charged in an indictment ... and proved".
On February 15, 2024, the court denied the motions to dismiss.{{cite web |author=Merchan |first=Juan M. |date=February 15, 2024 |title=Decision and Order |url=https://www.nycourts.gov/LegacyPDFS/press/PDFs/People-v-DonaldTrump2-15-24Decision.pdf |access-date=April 30, 2024 |page=1 |archive-date=April 30, 2024 |archive-url=https://web.archive.org/web/20240430053826/https://www.nycourts.gov/LegacyPDFS/press/PDFs/People-v-DonaldTrump2-15-24Decision.pdf |url-status=live }}{{Cite magazine |last=Bennett |first=Brian |date=2024-02-15 |title=Judge Schedules Trump's First Criminal Trial for March 25 |url=https://time.com/6695304/trump-fraud-trial-hush-money/ |url-status=live |archive-url=https://web.archive.org/web/20240505221158/https://time.com/6695304/trump-fraud-trial-hush-money/ |archive-date=May 5, 2024 |access-date=2024-05-05 |magazine=Time |language=en}}{{Cite news |last1=Cohen |first1=Lucy |last2=Queen |first2=Jack |title=Trump to stand trial on March 25 in NY criminal hush money case |url=https://www.reuters.com/world/us/judge-trumps-ny-criminal-case-rule-bid-toss-charges-2024-02-15/ |publisher=Reuters |publication-date=2024-02-15 |access-date=May 5, 2024 |archive-date=March 28, 2024 |archive-url=https://web.archive.org/web/20240328054627/https://www.reuters.com/world/us/judge-trumps-ny-criminal-case-rule-bid-toss-charges-2024-02-15/ |url-status=live }} However, the court did partially grant Trump's request seeking clarification of the charges. Trump is not only accused of falsifying business records, but doing so with the intention to commit or conceal some other crime. Holding it would be unfair to expect Trump to prepare a defense to a newly raised theory mid-trial, the court limited the prosecution to just three theories of "other crimes" that had already been identified during pre-trial procedure.{{Cite news |date=2024-03-15 |title=Tracking the Trump criminal cases: Latest on legal charges and key players |url=https://politico.com/interactives/2023/trump-criminal-investigations-cases-tracker-list/ |access-date=2024-05-05 |language=en |archive-date=May 5, 2024 |archive-url=https://web.archive.org/web/20240505201631/https://www.politico.com/interactives/2023/trump-criminal-investigations-cases-tracker-list/ |url-status=live }}
= Discovery materials and witnesses =
As of Trump's arraignment on April 4, 2023, it was expected that the discovery process would take several months.{{Cite web |last=Orden |first=Erica |date=April 5, 2023 |title=What happens next in People v. Donald Trump |url=https://www.politico.com/news/2023/04/05/trump-trial-timeline-00090688 |access-date=April 7, 2023 |website=Politico |language=en |archive-date=April 6, 2023 |archive-url=https://web.archive.org/web/20230406040249/https://www.politico.com/news/2023/04/05/trump-trial-timeline-00090688 |url-status=live }}
On April 17, 2023, the DA's office requested that Merchan obtain further information from Tacopina, including his firm's correspondence with Daniels, to determine whether their history constituted a conflict of interest. On September 1, Merchan ruled that it did not.{{Cite web |last=Schonfeld |first=Zach |date=2023-09-18 |title=Judge rules no conflict in hush money case for Trump attorney Joe Tacopina |url=https://thehill.com/regulation/court-battles/4210758-judge-rules-no-conflict-in-hush-money-case-for-trump-attorney-joe-tacopina/ |access-date=2023-09-19 |website=The Hill |language=en-US |archive-date=January 22, 2024 |archive-url=https://web.archive.org/web/20240122013730/https://thehill.com/regulation/court-battles/4210758-judge-rules-no-conflict-in-hush-money-case-for-trump-attorney-joe-tacopina/ |url-status=live }}
On May 4, Merchan heard arguments about the DA office's request to restrict information it turns over to Trump's lawyers from being shared with Trump himself (at least until the trial), citing his past social-media posts attacking Bragg and witnesses. The defense has argued that the government should be equally restrained from discussing information publicly and that Trump should be allowed to defend himself politically.{{Cite web |last=Scannell |first=Kara |date=May 2, 2023 |title=NY judge to hear arguments over DA's bid to limit Trump's ability to publicize information in criminal case |url=https://www.cnn.com/2023/05/02/politics/trump-protective-order-new-york-criminal-case/index.html |access-date=May 4, 2023 |website=CNN |language=en |archive-date=May 4, 2023 |archive-url=https://web.archive.org/web/20230504034551/https://www.cnn.com/2023/05/02/politics/trump-protective-order-new-york-criminal-case/index.html |url-status=live }}{{Cite web |last=Sisak |first=Michael R. |date=May 4, 2023 |title=Donald Trump seeks to move New York criminal case to federal court |url=https://www.pbs.org/newshour/politics/donald-trump-seeks-to-move-new-york-criminal-case-to-federal-court |access-date=May 5, 2023 |website=Associated Press |language=en-us |via=PBS NewsHour |archive-date=May 5, 2023 |archive-url=https://web.archive.org/web/20230505074501/https://www.pbs.org/newshour/politics/donald-trump-seeks-to-move-new-york-criminal-case-to-federal-court |url-status=live }} On May 8, Merchan ruled in favor of the order, barring evidence from being shared on social media.{{Cite web |last1=Herb |first1=Jeremy |last2=Scannell |first2=Kara |date=2023-05-08 |title=Judge limits Trump's sharing of information from New York criminal case on social media |url=https://www.cnn.com/2023/05/08/politics/trump-social-media-criminal-case/index.html |access-date=2023-05-09 |website=CNN |language=en |archive-date=May 24, 2023 |archive-url=https://web.archive.org/web/20230524060440/https://www.cnn.com/2023/05/08/politics/trump-social-media-criminal-case/index.html |url-status=live }} The judge instructed Trump and his lawyers on their conduct on May 23, informing them that violations could incur a "wide range of sanctions" including being held in contempt of court.{{Cite web |last1=Gregorian |first1=Dareh |last2=Reiss |first2=Adam |date=2023-05-23 |title=Trump's N.Y. criminal trial will begin in March 2024, halfway through presidential primaries |url=https://www.nbcnews.com/politics/donald-trump/trump-appear-ny-criminal-case-first-time-arraignment-rcna85589 |access-date=2023-05-24 |website=NBC News |language=en |archive-date=April 9, 2024 |archive-url=https://web.archive.org/web/20240409034827/https://www.nbcnews.com/politics/donald-trump/trump-appear-ny-criminal-case-first-time-arraignment-rcna85589 |url-status=live }}
On May 26, prosecutors stated that they had informed Trump's lawyers that evidence in the hush-money case includes various audio recordings, including one of Trump and a witness. It was unclear if this was in reference to secretly recorded audio from September 2016, which Cohen had previously released.{{Cite web |last1=Reiss |first1=Adam |last2=Gregorian |first2=Dareh |date=May 26, 2023 |title=Prosecutors say they have a recording of Trump and a witness in Manhattan DA case |url=https://www.nbcnews.com/politics/donald-trump/prosecutors-say-recording-trump-witness-manhattan-da-case-rcna86517 |access-date=May 26, 2023 |website=NBC News |language=en |archive-date=May 26, 2023 |archive-url=https://web.archive.org/web/20230526233625/https://www.nbcnews.com/politics/donald-trump/prosecutors-say-recording-trump-witness-manhattan-da-case-rcna86517 |url-status=live }}{{Cite news |last=Joseph |first=Cameron |date=2024-05-02 |title=Trump's jury hears audio proof he knew about the McDougal catch-and-kill |url=https://www.theguardian.com/us-news/article/2024/may/02/trump-on-trial-our-friend-david |access-date=2024-05-03 |work=The Guardian |language=en-GB |issn=0261-3077 |archive-date=May 3, 2024 |archive-url=https://web.archive.org/web/20240503190554/https://www.theguardian.com/us-news/article/2024/may/02/trump-on-trial-our-friend-david |url-status=live }}{{Cite web |date=2024-05-02 |title=Jurors in Trump hush money trial hear recording of pivotal call on plan to buy affair story |url=https://www.sun-sentinel.com/2024/05/02/jurors-in-trump-hush-money-trial-hear-recording-of-pivotal-call-on-plan-to-buy-affair-story/ |access-date=2024-05-03 |website=The AP |language=en-US |via=Sun Sentinel |archive-date=May 3, 2024 |archive-url=https://web.archive.org/web/20240503022014/https://www.sun-sentinel.com/2024/05/02/jurors-in-trump-hush-money-trial-hear-recording-of-pivotal-call-on-plan-to-buy-affair-story/ |url-status=live }}{{Cite AV media |url=https://www.cnn.com/2024/05/03/politics/video/secret-recording-michael-cohen-donald-trump-trial-ctm-digvid |title=Secret recording between Trump and Michael Cohen played in court |date=2024-05-03 |last=Lewis |first=Daniel |language=en |publisher=CNN |access-date=2024-05-03 |archive-date=May 4, 2024 |archive-url=https://web.archive.org/web/20240504231730/https://www.cnn.com/2024/05/03/politics/video/secret-recording-michael-cohen-donald-trump-trial-ctm-digvid |url-status=live }}
On August 3, federal judge Lewis A. Kaplan, who oversaw E. Jean Carroll's civil lawsuits against Trump alleging sexual assault and defamation, ruled that Carroll's lawyers could provide video of Trump being deposed to Manhattan prosecutors.{{Cite web |last=Kates |first=Graham |date=2023-08-04 |title=Prosecutors in Trump's N.Y. criminal case can have his E. Jean Carroll deposition, judge rules |url=https://www.cbsnews.com/news/trump-proseutors-new-york-criminal-case-e-jean-carroll-deposition/ |access-date=2023-08-05 |website=CBS News |language=en-US |archive-date=November 28, 2023 |archive-url=https://web.archive.org/web/20231128103910/https://www.cbsnews.com/news/trump-proseutors-new-york-criminal-case-e-jean-carroll-deposition/ |url-status=live }}
On January 15, 2024, Tacopina withdrew from Trump's counsel{{Cite web |last1=Katersky |first1=Aaron |last2=Faulders |first2=Katherine |date=January 15, 2024 |title=Attorney Joe Tacopina withdraws from Trump's legal team |url=https://abcnews.go.com/US/attorney-joe-tacopina-withdraws-trumps-legal-team/story?id=106384143 |access-date=2024-01-16 |website=ABC News |language=en |archive-date=January 16, 2024 |archive-url=https://web.archive.org/web/20240116065553/https://abcnews.go.com/US/attorney-joe-tacopina-withdraws-trumps-legal-team/story?id=106384143 |url-status=live }} and Daniels said she expected to testify.{{Cite web |last=Kates |first=Graham |date=2024-01-15 |title=Stormy Daniels says she's 'set to testify' in Trump's New York criminal trial |url=https://news.yahoo.com/stormy-daniels-says-shes-set-175445246.html |access-date=2024-01-16 |website=Yahoo! News |language=en-US |archive-date=March 17, 2024 |archive-url=https://web.archive.org/web/20240317055315/https://news.yahoo.com/stormy-daniels-says-shes-set-175445246.html |url-status=live }} Later in the month, the DA was reportedly beginning to meet with witnesses ahead of the trial.{{Cite web |last1=Protess |first1=Ben |last2=Bromwich |first2=Jonah E. |last3=Rashbaum |first3=William K. |date=2024-01-25 |title=Manhattan's District Attorney Is Quietly Preparing for a Trump Trial |url=https://www.nytimes.com/2024/01/25/nyregion/trump-hush-money-trial-stormy-daniels.html |access-date=2024-01-25 |website=The New York Times |archive-date=April 8, 2024 |archive-url=https://web.archive.org/web/20240408192743/https://www.nytimes.com/2024/01/25/nyregion/trump-hush-money-trial-stormy-daniels.html |url-status=live }}
On March 18, the judge ruled that both Daniels and Cohen could testify, placing some restrictions on Daniels (as well as Karen McDougal). The defense had requested that the two be blocked from testifying the previous month. Additionally, the judge ruled that Trump's Access Hollywood tape could not be played during the trial but that it could be discussed.{{Cite web |last1=Reiss |first1=Adam |last2=Gregorian |first2=Dareh |date=2024-03-18 |title=Judge in hush money case denies Trump's bid to prevent Michael Cohen and Stormy Daniels from testifying |url=https://www.nbcnews.com/politics/donald-trump/michael-cohen-stormy-daniels-allowed-testify-trump-hush-money-trial-rcna143982 |access-date=2024-03-19 |website=NBC News |language=en |archive-date=April 11, 2024 |archive-url=https://web.archive.org/web/20240411201745/https://www.nbcnews.com/politics/donald-trump/michael-cohen-stormy-daniels-allowed-testify-trump-hush-money-trial-rcna143982 |url-status=live }}
On April 22, Merchan ruled on what prosecutors may ask Trump if he testified,{{Cite web |last1=Herb |first1=Jeremy |last2=del Valle |first2=Lauren |last3=Scannell |first3=Kara |date=2024-04-23 |title=Here's which of Trump's past cases can be brought up in this trial based on Judge Merchan's rulings |url=https://edition.cnn.com/politics/live-news/trump-hush-money-trial-04-23-24#h_8edfdd18e715a0d5ad37a1ae9f34166f |access-date=2024-04-23 |website=CNN |language=en |archive-date=April 23, 2024 |archive-url=https://web.archive.org/web/20240423234849/https://edition.cnn.com/politics/live-news/trump-hush-money-trial-04-23-24#h_8edfdd18e715a0d5ad37a1ae9f34166f |url-status=live }} following a pretrial Sandoval hearing held on April 19.{{Cite news |last1=Bromwich |first1=Jonah E. |last2=Haag |first2=Matthew |date=April 19, 2024 |title=Prosecutors Want to Ask Trump About Attacks on Women |url=https://www.nytimes.com/2024/04/19/nyregion/trump-trial-manhattan-sandoval-hearing.html |url-status=live |archive-url=https://web.archive.org/web/20240420033547/https://www.nytimes.com/2024/04/19/nyregion/trump-trial-manhattan-sandoval-hearing.html |archive-date=April 20, 2024 |access-date=April 20, 2024 |work=The New York Times}}{{Cite web |last=Buchman |first=Brandi |date=April 19, 2024 |title='Hard to think of something more probative': Trump hears 'bad acts' at evidence hearing |url=https://lawandcrime.com/high-profile/hard-to-think-of-something-more-probative-trump-hears-about-his-bad-acts-from-prosecutors-at-hush-money-evidence-hearing/ |url-status=live |archive-url=https://web.archive.org/web/20240420033547/https://lawandcrime.com/high-profile/hard-to-think-of-something-more-probative-trump-hears-about-his-bad-acts-from-prosecutors-at-hush-money-evidence-hearing/ |archive-date=April 20, 2024 |access-date=April 20, 2024 |website=Law & Crime}}{{Cite web |last=Sommerlad |first=Joe |date=April 19, 2024 |title=What is a Sandoval hearing? Trump weighs potential testimony in hush money trial |url=https://www.independent.co.uk/news/world/americas/us-politics/trump-hush-money-trial-sandoval-b2531472.html |url-status=live |archive-url=https://web.archive.org/web/20240420033603/https://www.independent.co.uk/news/world/americas/us-politics/trump-hush-money-trial-sandoval-b2531472.html |archive-date=April 20, 2024 |access-date=April 20, 2024 |website=Independent.co.uk}}
On May 10, Judge Juan Merchan suggested that Allen Weisselberg could be called to testify in court after the defense objected to the prosecution's plan to show the jury a $750,000 severance agreement.{{cite news |last1=c |first1=Josh |title=Judge floats possibility of bringing Allen Weisselberg into court |url=https://www.politico.com/live-updates/2024/05/10/trump-hush-money-criminal-trial/weisselberg-in-court-00157368 |access-date=May 27, 2024 |work=Politico |date=May 10, 2024 |archive-date=May 27, 2024 |archive-url=https://web.archive.org/web/20240527180034/https://www.politico.com/live-updates/2024/05/10/trump-hush-money-criminal-trial/weisselberg-in-court-00157368 |url-status=live }} Neither the defense nor the prosecution had subpoenaed Weisselberg, and there were procedural concerns about adding him to the witness list so late in the trial. Furthermore, Weisselberg's testimony could be in violation of the non-disparagement clause of his severance agreement and he would likely invoke the fifth amendment.{{cite news |last1=Noto |first1=Grace |title=Ex-Trump CFO Weisselberg could appear in hush money trial: Reports |url=https://www.cfodive.com/news/ex-trump-cfo-weisselberg-appear-hush-money-trial-severance-executivecompensation/715945/ |access-date=May 27, 2024 |work=CFO Dive |date=May 13, 2024 |archive-date=May 27, 2024 |archive-url=https://web.archive.org/web/20240527180034/https://www.cfodive.com/news/ex-trump-cfo-weisselberg-appear-hush-money-trial-severance-executivecompensation/715945/ |url-status=live }}{{cite news |last1=Protess |first1=Ben |last2=Bromwich |first2=Jonah E. |last3=Rashbaum |first3=William K. |title=The Star Witness Who Never Testified at Trump's Trial |url=https://www.nytimes.com/2024/05/27/nyregion/trump-trial-hush-money-weisselberg.html |access-date=May 28, 2024 |work=The New York Times |date=May 27, 2024 |archive-date=May 28, 2024 |archive-url=https://web.archive.org/web/20240528045757/https://www.nytimes.com/2024/05/27/nyregion/trump-trial-hush-money-weisselberg.html |url-status=live }}
= Requests for recusal =
Justice Juan Merchan, who has experience with financial cases,{{cite news |url=https://apnews.com/article/trump-indictment-new-york-judge-merchan-arraignment-032a097661c259709a948ce0e70a872a |title=Who is Juan Merchan, the NY judge handling Trump's case? |work=Associated Press News |author1=Jennifer Peltz |author2=Michael R. Sisak |date=April 3, 2023 |access-date=May 31, 2024 |archive-date=May 31, 2024 |archive-url=https://web.archive.org/web/20240531200607/https://apnews.com/article/trump-indictment-new-york-judge-merchan-arraignment-032a097661c259709a948ce0e70a872a |url-status=live }} was randomly assigned to oversee the grand jury proceedings in Trump's case, and continued to oversee handling of the charges approved by the grand jury.{{cite web |url=https://www.nbcnews.com/politics/donald-trump/know-juan-merchan-judge-trump-indictment-case-rcna77611 |title=Who's Judge Juan Merchan? Trump says he 'hates me' but lawyers say he's fair |date=March 31, 2023 |author1=Dareh Gregorian |author2=Adam Reiss |publisher=NBC News |access-date=May 31, 2024 |archive-date=April 1, 2023 |archive-url=https://web.archive.org/web/20230401041947/https://www.nbcnews.com/politics/donald-trump/know-juan-merchan-judge-trump-indictment-case-rcna77611 |url-status=live }}
On May 31, 2023, Trump's lawyers filed a motion asking Judge Merchan to recuse himself from the case citing his daughter's position as partner and COO of Authentic Campaigns, a consulting firm that serviced Biden's 2020 presidential campaign. The motion additionally alleged that Merchan had encouraged former Trump Organization CFO Allen Weisselberg to cooperate with the prosecution against Trump in a previous case he had presided over, and that Merchan had made three $10–15 donations to various Democratic causes.{{Cite news |last1=Rashbaum |first1=William K. |last2=Protess |first2=Ben |date=May 31, 2023 |title=Trump Asks Judge in Hush-Money Case to Step Aside |url=https://www.nytimes.com/2023/05/31/nyregion/trump-trial-judge-juan-merchan.html |access-date=May 31, 2023 |work=The New York Times |language=en-US |issn=0362-4331 |archive-date=May 31, 2023 |archive-url=https://web.archive.org/web/20230531194512/https://www.nytimes.com/2023/05/31/nyregion/trump-trial-judge-juan-merchan.html |url-status=live }}{{Cite web |last1=Herb |first1=Jeremy |last2=del Valle |first2=Lauren |date=2023-06-02 |title=Trump seeks recusal of judge overseeing New York hush money criminal case |url=https://www.cnn.com/2023/06/02/politics/juan-merchan-trump-judge-new-york-recuse/index.html |access-date=2023-06-03 |website=CNN |language=en |archive-date=September 25, 2023 |archive-url=https://web.archive.org/web/20230925045327/https://www.cnn.com/2023/06/02/politics/juan-merchan-trump-judge-new-york-recuse/index.html |url-status=live }}{{efn|During the 2020 election, Merchan donated a total of $35 to Democrats: $15 to Joe Biden's campaign, $10 to the voter mobilization "Progressive Turnout Project" and $10 to the digital ad campaign "Stop Republicans" group.{{cite news |last1=Levinson-King |first1=Robin |last2=Epstein |first2=Kayla |title=Who is Juan Merchan, the 'no-nonsense' judge overseeing Trump's hush-money case? |url=https://www.bbc.com/news/world-us-canada-65182727 |access-date=May 29, 2024 |work=BBC |date=April 4, 2023 |archive-date=May 28, 2024 |archive-url=https://web.archive.org/web/20240528225851/https://www.bbc.com/news/world-us-canada-65182727 |url-status=live }}{{cite news |last1=Robertson |first1=Lori |last2=Gore |first2=D'Angelo |last3=Kiely |first3=Eugene |last4=Farley |first4=Robert |title=FactCheck: Trump's repeated claims on his New York hush money trial |url=https://www.nbcnewyork.com/news/national-international/donald-trump-guilty-hush-money-trial/5462620/ |access-date=3 June 2024 |work=NBC |date=May 30, 2024 |archive-date=June 1, 2024 |archive-url=https://web.archive.org/web/20240601202916/https://www.nbcnewyork.com/news/national-international/donald-trump-guilty-hush-money-trial/5462620/ |url-status=live }}}} On June 20, the DA's office argued against the recusal request, citing Trump's alleged "prolific history of baselessly accusing state and federal judges around the country of bias", saying he seemed to be trying to land a more favorable judge. Prosecutors further argued that there was a lack of hard evidence that a particular trial result would aid Merchan directly or greatly via his daughter's Democratic work,{{Cite web |last=Katersky |first=Aaron |date=2023-06-20 |title=DA pushes back against Trump's effort to get judge to step down from criminal case |url=https://abcnews.go.com/US/da-pushes-back-trumps-effort-judge-step-criminal/story?id=100241319 |access-date=2023-06-20 |website=ABC News |language=en |archive-date=September 9, 2023 |archive-url=https://web.archive.org/web/20230909112832/https://abcnews.go.com/US/da-pushes-back-trumps-effort-judge-step-criminal/story?id=100241319 |url-status=live }} which a state ethics panel had similarly concluded in early May.{{Cite web |last=Sisak |first=Michael R. |date=2023-06-20 |title=DA, ethics panel back judge in Donald Trump hush-money case, finding no evidence of bias |url=https://apnews.com/article/donald-trump-hush-money-merchan-judge-23d0e6761547ae7a363a5a52b186d494 |access-date=2024-04-03 |website=AP News |language=en |archive-date=April 3, 2024 |archive-url=https://web.archive.org/web/20240403071746/https://apnews.com/article/donald-trump-hush-money-merchan-judge-23d0e6761547ae7a363a5a52b186d494 |url-status=live }}{{efn|In July 2023, Merchan received a Letter of Caution by the New York Commission on Judicial Misconduct for prohibited political activity following a complaint stemming from the $35 donations to Democrats.{{cite news |last1=Freifeld |first1=Karen |title=Complaint dismissed against Trump hush-money judge who donated to Biden |url=https://www.reuters.com/world/us/complaint-dismissed-against-trump-hush-money-judge-who-donated-biden-2024-05-17/ |access-date=3 June 2024 |work=Reuters |date=May 17, 2024}} A Letter of Caution is issued following a formal disciplinary proceeding where a judge's misconduct is established, but public discipline is not warranted and contains no penalty.{{cite web |title=2024 Annual Report |url=https://cjc.ny.gov/Publications/AnnualReports/nyscjc.2024Annualreport.pdf |publisher=New York State Commission on Judicial Misconduct |access-date=3 June 2024 |archive-date=May 26, 2024 |archive-url=https://web.archive.org/web/20240526173434/https://cjc.ny.gov/Publications/AnnualReports/nyscjc.2024Annualreport.pdf |url-status=live }} The commission's proceedings are confidential unless public censure or discipline are imposed or the judge voluntarily makes them public.{{cite news |last1=Rashbaum |first1=William K. |last2=Bromwich |first2=Jonah E. |last3=Protess |first3=Ben |title=Ethics Panel Cautions Judge in Trump Trial Over Political Donations |url=https://www.nytimes.com/2024/05/17/nyregion/trump-trial-judge-merchan-donations.html |access-date=3 June 2024 |work=The New York Times |date=18 May 2024 |archive-date=June 4, 2024 |archive-url=https://web.archive.org/web/20240604033733/https://www.nytimes.com/2024/05/17/nyregion/trump-trial-judge-merchan-donations.html |url-status=live }} The commission's 2024 annual report noted that 34 New York judges received a caution for prohibited political activity.}} The court denied the motion on August 11, 2023.[https://www.justsecurity.org/wp-content/uploads/2023/09/Just-Security-Hush-Money-New-York-Trump-Clearinghouse-%E2%80%94-Order-denying-Trump-motion-for-recusal-of-Justice-Juan-M.-Merchan-Aug.-11-2023.pdf Decision on Defendant's Motion for Recusal] {{Webarchive|url=https://web.archive.org/web/20240515222628/https://www.justsecurity.org/wp-content/uploads/2023/09/Just-Security-Hush-Money-New-York-Trump-Clearinghouse-%E2%80%94-Order-denying-Trump-motion-for-recusal-of-Justice-Juan-M.-Merchan-Aug.-11-2023.pdf |date=May 15, 2024 }}, 2023-08-11
On April 1, 2024, the defense asked Merchan for permission to file a motion repeating their prior request that he recuse himself for what the defense said was a conflict of interest due to his daughter's Democratic involvement.{{Cite news |last= |date=2024-04-02 |title=Trump tries to remove judge from New York hush-money trial for second time |url=https://www.theguardian.com/us-news/2024/apr/02/trump-hush-money-trial-judge-removal-attempt |access-date=2024-04-03 |agency=Reuters |language=en-GB |newspaper=The Guardian |issn=0261-3077 |archive-date=April 10, 2024 |archive-url=https://web.archive.org/web/20240410211228/https://www.theguardian.com/us-news/2024/apr/02/trump-hush-money-trial-judge-removal-attempt |url-status=live }} On April 1, the New York City Bar Association stated "unequivocal support" for Merchan's handling of the recusal concerns.{{efn| On April 1, 2024 the New York City Bar Association issued a statement of support for Judge Merchan stating: "In light of the foregoing, the New York City Bar Association expresses its unequivocal support for the way in which Justice Merchan is handling this issue. Justice Merchan's actions in this proceeding are consistent with this state's ethics rules and well settled national and international ethics requirements, by which the dignity and independence of the judiciary are maintained." The statement also condemned "The former President's decision, on the eve of trial, to broadcast baseless claims that have previously been the subject of a motion for recusal—and which may be covered by the current gag order's prohibition on statements made about family members of court staff—appear to be an attempt to derail the mechanics of the judicial process by casting aspersions against a non-party to the action for statements that an investigation determined were falsely attributed to her and serve only to harass the judge."{{cite news |title=Statement in Support of Justice Juan Merchan |url=https://www.nycbar.org/press-releases/statement-in-support-of-justice-juan-merchan/ |access-date=3 June 2024 |work=New York City Bar Association |archive-date=April 16, 2024 |archive-url=https://web.archive.org/web/20240416145317/https://www.nycbar.org/press-releases/statement-in-support-of-justice-juan-merchan/ |url-status=live }} }} On April 2, prosecutors pointed out that the court and an ethics panel had already found that the political activities of a relative are not grounds for questioning a judge's impartiality.{{Cite magazine |last=Bennett |first=Brian |date=2024-04-05 |title=Trump Targets Judge's Daughter in Court Filing Despite Gag Order |url=https://time.com/6964255/trump-judges-daughter-gag-order/ |access-date=2024-04-08 |magazine=Time |language=en |archive-date=April 11, 2024 |archive-url=https://web.archive.org/web/20240411223823/https://time.com/6964255/trump-judges-daughter-gag-order/ |url-status=live }}{{efn|On May 4, 2023, following an inquiry by Merchan, the New York State Advisory Committee on Judicial Ethics issued an opinion stating: "(1) A judge's impartiality cannot reasonably be questioned based on (a) de minimis political contributions made more than two years ago or (b) the business and/or political activities of the judge's first-degree relative, where the relative has no direct or indirect involvement in the proceeding and no interests that could be substantially affected by the proceeding. (2) As a result, the judge is not ethically required to disclose such facts or circumstances sua sponte in the proceeding, regardless of any surrounding publicity or lack thereof. The judge may continue to preside in the matter provided the judge believes he/she can be fair and impartial."{{cite news |title=Opinion 23–54 |url=https://www.nycourts.gov/ipjudicialethicsopinions/23-54.htm |access-date=3 June 2024 |work=New York State Advisory Committee on Judicial Ethics |date=May 4, 2023 |archive-date=May 31, 2024 |archive-url=https://web.archive.org/web/20240531203556/https://www.nycourts.gov/ipjudicialethicsopinions/23-54.htm |url-status=live }}{{cite news |last1=Hayes |first1=Peter |title=Trump Motion to Recuse Judge in Hush Money Case Weakened |url=https://news.bloomberglaw.com/litigation/trump-motion-to-recuse-judge-in-hush-money-case-weakened |access-date=3 June 2024 |work=Bloomberg Law |date=June 13, 2023 |language=en |archive-date=June 4, 2024 |archive-url=https://web.archive.org/web/20240604033734/https://news.bloomberglaw.com/litigation/trump-motion-to-recuse-judge-in-hush-money-case-weakened |url-status=live }}}}
The same day, Trump posted a Fox & Friends clip in which {{Nowrap|co-host}} Brian Kilmeade criticized the judge's daughter, although Trump highlighted another commentator's statement.{{Cite news |last=Fiallo |first=Josh |date=2024-04-03 |title=Trump Posts Clip Flaming Judge's Daughter Despite Gag Order |url=https://www.thedailybeast.com/donald-trump-posts-clip-flaming-judges-daughterhours-after-gag-order-ruling |access-date=2024-04-03 |work=The Daily Beast |language=en |archive-date=April 4, 2024 |archive-url=https://web.archive.org/web/20240404164551/https://www.thedailybeast.com/donald-trump-posts-clip-flaming-judges-daughterhours-after-gag-order-ruling |url-status=live }} As of April 3, Trump had not deleted offending posts made prior to Merchan's expanded order;{{Cite web |last=Italiano |first=Laura |date=2024-04-03 |title=Trump has left his attacks on his hush-money judge's daughter online. A similar move once earned him a gag order violation. |url=https://www.businessinsider.com/trump-hasnt-deleted-his-attacks-on-hush-money-judges-daughter-2024-4 |access-date=2024-04-03 |website=Business Insider |language=en-US |archive-date=April 11, 2024 |archive-url=https://web.archive.org/web/20240411221755/https://www.businessinsider.com/trump-hasnt-deleted-his-attacks-on-hush-money-judges-daughter-2024-4 |url-status=live }} that night, he linked to a report by {{Nowrap|far-right}} activist Laura Loomer criticizing Merchan's daughter and wife.{{Cite web |last=Italiano |first=Laura |date=2024-04-03 |title=Trump shares false claims about hush-money judge's daughter in possible violation of gag order |url=https://www.businessinsider.com/despite-gag-trump-posts-claims-hush-money-judges-daughter-2024-4 |access-date=2024-04-04 |website=Business Insider |language=en-US |archive-date=April 11, 2024 |archive-url=https://web.archive.org/web/20240411221751/https://www.businessinsider.com/despite-gag-trump-posts-claims-hush-money-judges-daughter-2024-4 |url-status=live }} On April 5, Trump's campaign publicized their motion for Merchan to recuse himself (dated April 3), which asserts numerous counts of bias, and falsely cites the state Office of Court Administration (OCA) as saying Merchan's daughter deleted her X account in April 2023, around when the judge "solicited an ethics opinion regarding recusal in a letter ... that the Court declined to disclose".{{Cite web |last=Blanche |first=Todd |date=April 3, 2024 |title=President Donald J. Trump's Recusal Motion |url=https://s3.documentcloud.org/documents/24534225/2024-04-03-djt-recusal-motion-brief.pdf |pages=2 |access-date=April 12, 2024 |archive-date=April 6, 2024 |archive-url=https://web.archive.org/web/20240406003253/https://s3.documentcloud.org/documents/24534225/2024-04-03-djt-recusal-motion-brief.pdf |url-status=live }}{{Cite web |last=Fortinsky |first=Sarah |date=2024-03-28 |title=Trump attacks on hush money judge's daughter based on fake account: Court |url=https://thehill.com/regulation/court-battles/4561622-trump-attacks-on-judges-daughter-based-on-fake-account-court/ |access-date=2024-04-08 |website=The Hill |language=en-US |archive-date=April 9, 2024 |archive-url=https://web.archive.org/web/20240409123600/https://thehill.com/regulation/court-battles/4561622-trump-attacks-on-judges-daughter-based-on-fake-account-court/ |url-status=live }}{{efn|Merchan's daughter, Loren Merchan, created her Twitter account @LorenM426 in February 2016, later changing handles to @LorenM0604 and going private by April 2023.{{cite news |last1=Sweet |first1=Jacqueline |title=Trump falsely accuses hush-money judge's daughter of posting picture of him behind bars |url=https://thespectator.com/topic/donald-trump-claim-hush-money-judge-daughter-false-loren-merchan/ |access-date=May 29, 2024 |work=The Spectator World |date=March 27, 2024 |archive-date=May 27, 2024 |archive-url=https://web.archive.org/web/20240527220904/https://thespectator.com/topic/donald-trump-claim-hush-money-judge-daughter-false-loren-merchan/ |url-status=live }} A new Twitter account, utilizing the old handle (@LorenM426) was created by an unknown operator on April 6, 2023, a day after Trump posted an article on Truth Social highlighting Loren Merchan's social media. The new account featured a profile picture of Trump behind bars and had zero followers. On March 27, 2024, the OCA issued a statement that: "The X, formerly Twitter, account being attributed to Judge Merchan's daughter no longer belongs to her since she deleted it approximately a year ago. It is not linked to her email address, nor has she posted under that screen name since she deleted the account. Rather, it represents the reconstitution, last April, and manipulation of an account she long ago abandoned."{{cite news |last1=McKinley |first1=Jesse |last2=Protess |first2=Ben |title=Trump Spreads Apparent Hoax in Attacking Judge's Daughter |url=https://www.nytimes.com/2024/03/27/nyregion/trump-social-media-attack.html? |access-date=May 29, 2024 |work=The New York Times |date=March 28, 2024 |archive-date=May 27, 2024 |archive-url=https://web.archive.org/web/20240527123126/https://www.nytimes.com/2024/03/27/nyregion/trump-social-media-attack.html |url-status=live }}}}{{efn|On March 27, Trump referenced the fake account via Truth Social: "So, let me get this straight, The Judge's daughter is allowed to post pictures of her 'dream' of putting me in jail, the Manhattan D.A. is able to say whatever lies about me he wants, the Judge can violate our Laws and Constitution at every turn, but I am not allowed to talk about the attacks against me, and the Lunatics trying to destroy my life, and prevent me from winning the 2024 Presidential Election, which I am dominating?"{{cite news |last1=Fortinsky |first1=Sarah |title=Trump attacks on hush money judge's daughter based on fake account: Court |url=https://thehill.com/regulation/court-battles/4561622-trump-attacks-on-judges-daughter-based-on-fake-account-court/ |access-date=May 29, 2024 |work=The Hill |date=March 28, 2024 |archive-date=April 9, 2024 |archive-url=https://web.archive.org/web/20240409123600/https://thehill.com/regulation/court-battles/4561622-trump-attacks-on-judges-daughter-based-on-fake-account-court/ |url-status=live }} The false claim was originated by activist Laura Loomer on March 26, 2024, several hours after Trump's initial gag order was imposed.{{cite news |last1=Italiano |first1=Laura |last2=Hall |first2=Madison |title=Trump is using a loophole in his new gag order to rage against his hush-money judge's progressive daughter |url=https://ca.news.yahoo.com/trump-using-loophole-gag-order-195933463.html |access-date=May 29, 2024 |work=Yahoo News |date=March 27, 2024 |language=en-CA |archive-date=May 29, 2024 |archive-url=https://web.archive.org/web/20240529081837/https://ca.news.yahoo.com/trump-using-loophole-gag-order-195933463.html |url-status=live }} The previous year, Loomer had originated false claims propagated by Trump that Dawn Engoron, the wife of Judge Arthur Engoron (who was overseeing the New York business fraud lawsuit against the Trump Organization), was criticizing Trump on Twitter. Though Dawn had never had a Twitter account.{{cite news |last1=Griffing |first1=Alex |title=Trump, Yet Again, Sources Baseless Attack on Judge's Family Member From Far-Right Conspiracy Theorist Laura Loomer |url=https://www.mediaite.com/news/trump-yet-again-sources-baseless-attack-on-judges-family-member-from-far-right-conspiracy-theorist-laura-loomer/ |access-date=May 29, 2024 |work=Mediaite |date=March 28, 2024 |language=en |archive-date=May 29, 2024 |archive-url=https://web.archive.org/web/20240529081831/https://www.mediaite.com/news/trump-yet-again-sources-baseless-attack-on-judges-family-member-from-far-right-conspiracy-theorist-laura-loomer/ |url-status=live }}}}
On April 6, Trump posted online that if arrested for violating the gag order, he would consider it a "great honor" to "become a Modern Day Nelson Mandela", the former South African president jailed for anti-apartheid activism.{{Cite web |last=Picciotto |first=Rebecca |date=2024-04-06 |title=Trump says going to jail for gag order violation would be a 'great honor,' compares himself to Mandela |url=https://www.cnbc.com/2024/04/06/trump-being-jailed-for-gag-order-violation-would-be-great-honor.html |access-date=2024-04-08 |website=CNBC |language=en |archive-date=April 12, 2024 |archive-url=https://web.archive.org/web/20240412084206/https://www.cnbc.com/2024/04/06/trump-being-jailed-for-gag-order-violation-would-be-great-honor.html |url-status=live }} On April 8, Trump's team asked an appeals court to delay the trial and pause the gag order while they appeal the latter; this was denied the following day.{{Cite web |last=Breuninger |first=Kevin |date=2024-04-08 |title=Trump loses last-minute bid to halt hush money trial while he seeks new venue |url=https://www.cnbc.com/2024/04/08/trump-hush-money-judge-recusal-bid-aims-to-delay-evade-gag-order-da-.html |access-date=2024-04-09 |website=CNBC |language=en |archive-date=April 12, 2024 |archive-url=https://web.archive.org/web/20240412084116/https://www.cnbc.com/2024/04/08/trump-hush-money-judge-recusal-bid-aims-to-delay-evade-gag-order-da-.html |url-status=live }}{{Cite news |last=Orden |first=Erica |date=April 9, 2024 |title=Judge denies Trump's latest bid to delay hush-money trial |url=https://www.politico.com/news/2024/04/09/judge-denies-trump-delay-00151276?cid=apn |access-date=2024-04-09 |work=Politico |archive-date=April 10, 2024 |archive-url=https://web.archive.org/web/20240410061849/https://www.politico.com/news/2024/04/09/judge-denies-trump-delay-00151276?cid=apn |url-status=live }} On April 10, an appeals judge denied another defense delay request which was based on Merchan having not yet ruled on the recusal motion.{{Cite news |last=Cohen |first=Luc |date=April 10, 2024 |title=Trump loses third bid this week to delay hush money trial |url=https://www.reuters.com/legal/trump-tries-delay-hush-money-trial-third-time-this-week-2024-04-10/ |access-date=2024-04-10 |work=Reuters}} On April 15, Merchan denied the recusal motion.{{Cite web |date=2024-04-15 |title=Judge Merchan denies recusal motion |url=https://edition.cnn.com/politics/live-news/trump-hush-money-trial-04-15-24#h_8dcbe9d56cdfc86199222d23e927321f |access-date=2024-04-15 |website=CNN |language=en |archive-date=April 15, 2024 |archive-url=https://web.archive.org/web/20240415190257/https://edition.cnn.com/politics/live-news/trump-hush-money-trial-04-15-24/h_8dcbe9d56cdfc86199222d23e927321f |url-status=live }} On April 30, an appellate court denied requests for both a recusal and a stay of proceedings.{{Cite web |last=Olmsted |first=Edith |date=2024-04-30 |title=Appeals Court Rejects Trump's Bid to Have Judge Recused |url=https://www.thedailybeast.com/appeals-court-denies-trumps-request-to-recuse-hush-money-judge-juan-merchan |access-date=2024-05-05 |website=The Daily Beast |language=en |archive-date=May 1, 2024 |archive-url=https://web.archive.org/web/20240501020139/https://www.thedailybeast.com/appeals-court-denies-trumps-request-to-recuse-hush-money-judge-juan-merchan |url-status=live }}
= Request for removal to federal court =
File:Moynihan-courthouse.jpg (courthouse pictured), Trump's request to remove the case to federal court was denied.]]
On May 4, 2023, Trump's lawyers asked for the case to be moved to a federal court (though it would remain a state-law prosecution conducted by the Manhattan DA), arguing that it involved alleged conduct somehow "performed while in office"—despite the potential federal election-law violations not being specified and occurring prior to Trump's inauguration.{{efn|Additionally, Merchan asked the defense and prosecution to agree on a trial date.}} As proceedings continued in the New York Supreme Court,{{Cite web |last=Katersky |first=Aaron |date=May 9, 2023 |title=Judge sets hearing date on Trump's motion to move criminal case to federal court |url=https://abcnews.go.com/Politics/trump-files-move-criminal-case-federal-court/story?id=99203687 |access-date=May 10, 2023 |website=ABC News |language=en |archive-date=May 13, 2023 |archive-url=https://web.archive.org/web/20230513020440/https://abcnews.go.com/Politics/trump-files-move-criminal-case-federal-court/story?id=99203687 |url-status=live }} Bragg asked for the removal request to be dismissed, arguing that Trump had failed to establish that he was an officer of the United States during his presidency,{{Cite news |last=Clifford |first=Tyler |date=2023-05-30 |title=Manhattan prosecutor seeks to keep Trump hush money case in state court |url=https://www.reuters.com/legal/manhattan-prosecutor-seeks-keep-trump-hush-money-case-state-court-2023-05-30/ |access-date=2023-05-30 |work=Reuters |language=en |archive-date=July 25, 2023 |archive-url=https://web.archive.org/web/20230725045205/https://www.reuters.com/legal/manhattan-prosecutor-seeks-keep-trump-hush-money-case-state-court-2023-05-30/ |url-status=live }}{{Cite web |last1=Blackman |first1=Josh |last2=Tillman |first2=Seth Barrett |date=May 31, 2023 |title=New York District Attorney Bragg Argues That President Trump Was Not An 'Officer Of The United States' |url=https://reason.com/volokh/2023/05/31/new-york-district-attorney-bragg-argues-that-president-trump-was-not-an-officer-of-the-united-states/ |access-date=May 31, 2023 |website=Reason.com |language=en-US |archive-date=May 31, 2023 |archive-url=https://web.archive.org/web/20230531194118/https://reason.com/volokh/2023/05/31/new-york-district-attorney-bragg-argues-that-president-trump-was-not-an-officer-of-the-united-states/ |url-status=live }} to which the defense expounded its initial argument.{{Cite web |last=Valle |first=Lauren del |date=2023-06-16 |title=Trump continues fight to move New York criminal case to federal court |url=https://www.cnn.com/2023/06/16/politics/trump-new-york-criminal-case-remove-federal-court/index.html |access-date=2023-06-17 |website=CNN |language=en |archive-date=August 25, 2023 |archive-url=https://web.archive.org/web/20230825020747/https://www.cnn.com/2023/06/16/politics/trump-new-york-criminal-case-remove-federal-court/index.html |url-status=live }} Even if the case had been moved to federal court, New York state law would have continued to apply.{{cite news |last=Sisak |first=Michael R. |date=May 4, 2023 |title=Donald Trump seeks to move NY criminal case to federal court |url=https://apnews.com/article/trump-criminal-case-federal-court-ee982a5e7d5f4edef356fb2951ca5655 |archive-url=https://web.archive.org/web/20230512214510/https://apnews.com/article/trump-criminal-case-federal-court-ee982a5e7d5f4edef356fb2951ca5655 |archive-date=May 12, 2023 |work=Associated Press}}
In a hearing on June 27, District Judge Alvin Hellerstein opined that Trump's conduct likely did not constitute presidential activity.{{Cite web |last1=del Valle |first1=Lauren |last2=Scannell |first2=Kara |last3=Blackburn |first3=Piper Hudspeth |date=2023-06-27 |title=Judge skeptical of Trump's plea to move NY criminal case to federal court |url=https://www.cnn.com/2023/06/27/politics/trump-new-york-federal-court/index.html |access-date=2023-06-28 |website=CNN |language=en |archive-date=September 13, 2023 |archive-url=https://web.archive.org/web/20230913022709/https://www.cnn.com/2023/06/27/politics/trump-new-york-federal-court/index.html |url-status=live }} On July 19, arguing that the matter was apparently a personal "cover-up of an embarrassing event", Hellerstein ruled that the case should remain in state court.{{Cite web |last=Schonfeld |first=Zach |date=2023-07-19 |title=Judge rejects Trump's bid to move hush money case to federal court |url=https://thehill.com/regulation/court-battles/4106006-judge-rejects-trumps-bid-to-move-hush-money-case-to-federal-court/ |access-date=2023-07-29 |website=The Hill |language=en-US |archive-date=October 5, 2023 |archive-url=https://web.archive.org/web/20231005091657/https://thehill.com/regulation/court-battles/4106006-judge-rejects-trumps-bid-to-move-hush-money-case-to-federal-court/ |url-status=live }} Trump appealed the decision on July 28,{{Cite web |last1=Schonfeld |first1=Zach |last2=Beitsch |first2=Rebecca |date=2023-07-28 |title=Trump appeals decision keeping hush money case in state court |url=https://thehill.com/regulation/court-battles/4125720-trump-appeals-decision-keeping-hush-money-case-in-state-court/ |access-date=2023-07-29 |website=The Hill |language=en-US |archive-date=October 7, 2023 |archive-url=https://web.archive.org/web/20231007172107/https://thehill.com/regulation/court-battles/4125720-trump-appeals-decision-keeping-hush-money-case-in-state-court/ |url-status=live }} but withdrew this on November 14.{{Cite web |last=Katersky |first=Aaron |date=November 14, 2023 |title=Trump drops appeal to move Stormy Daniels hush money case to federal court |url=https://abcnews.go.com/US/trump-drops-appeal-move-stormy-daniels-hush-money/story?id=104889381 |access-date=2023-11-15 |website=ABC News |language=en |archive-date=April 11, 2024 |archive-url=https://web.archive.org/web/20240411213001/https://abcnews.go.com/US/trump-drops-appeal-move-stormy-daniels-hush-money/story?id=104889381 |url-status=live }}
= Trial scheduling =
On May 23, 2023, Justice Merchan set the trial for March 25, 2024.{{Cite web |last=O'Connor |first=Lydia |date=2023-05-23 |title=Trial For Trump's Hush Money Case Will Start In The Middle Of Presidential Primaries |url=https://www.huffpost.com/entry/trump-stormy-daniels-trial-date-2024_n_646d10cfe4b056fd46dd0568 |url-status=live |archive-url=https://web.archive.org/web/20230523224917/https://www.huffpost.com/entry/trump-stormy-daniels-trial-date-2024_n_646d10cfe4b056fd46dd0568 |archive-date=May 23, 2023 |access-date=2023-05-23 |website=HuffPost |language=en}} Trump's team complained that he expected to have multiple trials around that time. Merchan said he would discuss rescheduling to another time.{{Cite web |last=Vlachou |first=Marita |date=2023-09-12 |title=Judge Appears Open To Changing Date Of Trump's Hush Money Trial |url=https://www.huffpost.com/entry/trump-hush-money-trial-date_n_650047eae4b0370316457d02 |access-date=2023-09-12 |website=HuffPost |language=en |archive-date=September 12, 2023 |archive-url=https://web.archive.org/web/20230912140703/https://www.huffpost.com/entry/trump-hush-money-trial-date_n_650047eae4b0370316457d02 |url-status=live }} At a February 15, 2024, hearing, which Trump attended,{{Cite web |last1=Dale |first1=Daniel |last2=Holmes |first2=Kristen |date=2024-02-15 |title=Fact check: Trump wasn't "stuck" in court and didn't have South Carolina campaign events scheduled today |url=https://edition.cnn.com/politics/live-news/trump-hearings-ny-georgia#h_6152c2982f02d8ddde8ed7ff44c6f073 |access-date=2024-02-15 |website=CNN |language=en |archive-date=February 15, 2024 |archive-url=https://web.archive.org/web/20240215185223/https://edition.cnn.com/politics/live-news/trump-hearings-ny-georgia/h_6152c2982f02d8ddde8ed7ff44c6f073 |url-status=live }} Merchan reaffirmed the March 25 trial date.{{Cite web |last=Sisak |first=Michael |date=2024-02-15 |title=Judge Denies Trump's Motion To Dismiss Hush Money Case |url=https://www.huffpost.com/entry/bc-us-trump-hush-money_n_65ce2326e4b02493f3491620 |access-date=2024-02-15 |website=HuffPost |language=en |archive-date=February 15, 2024 |archive-url=https://web.archive.org/web/20240215152108/https://www.huffpost.com/entry/bc-us-trump-hush-money_n_65ce2326e4b02493f3491620 |url-status=live }}
In early February 2024, Trump's federal election obstruction trial, originally set for early March, was postponed pending appeals, increasing the likelihood of the Manhattan criminal trial taking place as planned on March 25, 2024.{{Cite news |last1=Barrett |first1=Devlin |last2=Stein |first2=Perry |last3=Dawsey |first3=Josh |date=2024-02-02 |title=The 'runt' of Trump cases now likely to be his first criminal trial |url=https://www.washingtonpost.com/politics/2024/02/02/trump-new-york-trial-first/ |access-date=2024-02-03 |newspaper=The Washington Post |language=en-US |issn=0190-8286 |archive-date=February 3, 2024 |archive-url=https://web.archive.org/web/20240203005404/https://www.washingtonpost.com/politics/2024/02/02/trump-new-york-trial-first/ |url-status=live }}{{Cite web |last1=Gregorian |first1=Dareh |last2=Reiss |first2=Adam |date=2023-05-23 |title=Trump's N.Y. criminal trial will begin in March 2024, halfway through presidential primaries |url=https://www.nbcnews.com/politics/donald-trump/trump-appear-ny-criminal-case-first-time-arraignment-rcna85589 |access-date=2023-05-24 |website=NBC News |language=en |archive-date=April 9, 2024 |archive-url=https://web.archive.org/web/20240409034827/https://www.nbcnews.com/politics/donald-trump/trump-appear-ny-criminal-case-first-time-arraignment-rcna85589 |url-status=live }}
On March 11, 2024, Trump's lawyers requested a delay of trial until after the federal election obstruction case on the basis that it would bolster his argument of presidential immunity, as some evidence and allegedly some acts overlapped with his time in office.{{Cite web |last=Sisak |first=Michael R. |date=2024-03-11 |title=Donald Trump wants New York hush money trial delayed until Supreme Court rules on immunity claims |url=https://apnews.com/article/donald-trump-hush-money-new-york-immunity-supreme-court-7a5030cd4f7b6364cd1a8a599cea025d |access-date=2024-03-12 |website=AP News |language=en |archive-date=March 27, 2024 |archive-url=https://web.archive.org/web/20240327085248/https://apnews.com/article/donald-trump-hush-money-new-york-immunity-supreme-court-7a5030cd4f7b6364cd1a8a599cea025d |url-status=live }} Trump's team cited, from April 2018, Trump's denying knowledge of the hush-money payment to reporters and tweeting in defense of Cohen's credibility.{{Cite web |last=Italiano |first=Laura |date=April 3, 2024 |title=Trump loses hush-money 'presidential immunity' bid after claiming statements about Stormy Daniels were 'official acts' |url=https://www.businessinsider.com/trump-cant-claim-statements-about-stormy-daniels-were-official-acts-2024-4 |access-date=2024-04-08 |website=Business Insider |language=en-US |archive-date=April 11, 2024 |archive-url=https://web.archive.org/web/20240411221753/https://www.businessinsider.com/trump-cant-claim-statements-about-stormy-daniels-were-official-acts-2024-4 |url-status=live }} Later on March 11, Merchan pointed out that Trump's team had missed the filing deadline and said either party would need his permission to file additional pretrial motions. On March 3, the judge dismissed the request as untimely.{{Cite web |last=Mangan |first=Dan |date=2024-04-03 |title=Trump loses late bid to delay New York hush money trial |url=https://www.cnbc.com/2024/04/03/trump-loses-late-bid-to-delay-new-york-hush-money-trial.html |access-date=2024-04-03 |website=CNBC |language=en |archive-date=April 12, 2024 |archive-url=https://web.archive.org/web/20240412134104/https://www.cnbc.com/2024/04/03/trump-loses-late-bid-to-delay-new-york-hush-money-trial.html |url-status=live }}
Also on March 11, Trump asked to delay trial until after the Supreme Court decides whether he is generally immune from prosecution in the federal charges on election obstruction. Granting the motion would have delayed trial until mid-summer or later, as the Supreme Court had already scheduled those arguments for April 25{{Cite news |last=Jacobs |first=Shayna |date=2024-03-12 |title=Trump seeks delay in N.Y. trial pending Supreme Court hearing on immunity |url=https://www.washingtonpost.com/politics/2024/03/11/trump-new-york-criminal-trial-scotus-immunity/ |access-date=2024-03-12 |newspaper=Washington Post |language=en-US |issn=0190-8286}} and may not rule until the end of the court's term in early July.{{Cite web |last=Valle |first=Lauren del |date=2024-03-11 |title=Trump asks to delay New York hush money trial until the Supreme Court rules on presidential immunity several months from now |url=https://www.cnn.com/2024/03/11/politics/trump-delay-hush-money-trial-supreme-court/index.html |access-date=2024-03-15 |website=CNN |language=en |archive-date=March 15, 2024 |archive-url=https://web.archive.org/web/20240315172823/https://www.cnn.com/2024/03/11/politics/trump-delay-hush-money-trial-supreme-court/index.html |url-status=live }} Merchan denied the motion on April 3,{{cite web |last1=Protess |first1=Ben |last2=Rashbaum |first2=William K. |date=April 3, 2024 |title=Judge Won't Delay Trump's Criminal Trial to Wait for Immunity Ruling |url=https://nytimes.com/2024/04/03/nyregion/trump-merchan-immunity-ruling.html |access-date=April 4, 2024 |newspaper=The New York Times |archive-date=April 3, 2024 |archive-url=https://web.archive.org/web/20240403235239/https://www.nytimes.com/2024/04/03/nyregion/trump-merchan-immunity-ruling.html |url-status=live }} saying that he doubted its "sincerity and actual purpose", given that Trump made this request only two weeks before trial.{{Cite web |last=Rubin |first=Jordan |date=2024-04-03 |title=Trump loses immunity bid ahead of New York hush money trial |url=https://www.msnbc.com/deadline-white-house/deadline-legal-blog/trump-merchan-immunity-hush-money-trial-new-york-rcna146299 |access-date=2024-04-05 |website=MSNBC.com |language=en |archive-date=April 5, 2024 |archive-url=https://web.archive.org/web/20240405071410/https://www.msnbc.com/deadline-white-house/deadline-legal-blog/trump-merchan-immunity-hush-money-trial-new-york-rcna146299 |url-status=live }}
In March 2024, the U.S. Attorney's Office provided prosecutors with approximately 170,000 pages of documents, largely related to the 2017 federal probe of Cohen's payment to Daniels (and mostly reflecting evidence already turned over to Trump's lawyers in June 2023).{{Cite news |last=Pagliery |first=Jose |date=2024-03-14 |title=Trove of New Docs Throws Wrench Into Trump's New York Trial |url=https://www.thedailybeast.com/trove-of-new-docs-throws-wrench-into-trumps-new-york-trial-timeline |access-date=2024-03-15 |work=The Daily Beast |language=en |archive-date=April 11, 2024 |archive-url=https://web.archive.org/web/20240411111941/https://www.thedailybeast.com/trove-of-new-docs-throws-wrench-into-trumps-new-york-trial-timeline |url-status=live }}{{Cite web |last1=Schonfeld |first1=Zach |last2=Lee |first2=Ella |date=2024-03-14 |title=Manhattan DA seeks 30-day delay of Trump's New York hush money trial |url=https://thehill.com/regulation/court-battles/4532705-manhattan-da-delay-trumps-new-york-hush-money-trial/ |access-date=2024-03-15 |website=The Hill |language=en-US |archive-date=March 27, 2024 |archive-url=https://web.archive.org/web/20240327222900/https://thehill.com/regulation/court-battles/4532705-manhattan-da-delay-trumps-new-york-hush-money-trial/ |url-status=live }}{{Cite web |last=O'Connor |first=Lydia |date=2024-03-21 |title=Manhattan DA Says Trump's Efforts To Delay Hush Money Trial 'Must Be Stopped' |url=https://www.huffpost.com/entry/trump-hush-money-trial-delay_n_65fc7fe2e4b07c954d551105 |access-date=2024-03-22 |website=HuffPost |language=en |archive-date=April 15, 2024 |archive-url=https://web.archive.org/web/20240415065439/https://www.huffpost.com/entry/trump-hush-money-trial-delay_n_65fc7fe2e4b07c954d551105 |url-status=live }} Trump's lawyers sought a delay in the trial on the basis of the newly produced records; the DA's office said in court that only 300 of the documents were relevant to Trump's defense.{{Cite web |last=Doyle |first=Katherine |date=2024-03-25 |title=What you missed: 5 key moments from Trump's Monday in court for hush money case |url=https://www.nbcnews.com/politics/donald-trump/missed-5-key-moments-trumps-monday-court-hush-money-case-rcna144928 |access-date=2024-03-25 |website=NBC News |language=en |archive-date=April 11, 2024 |archive-url=https://web.archive.org/web/20240411205538/https://www.nbcnews.com/politics/donald-trump/missed-5-key-moments-trumps-monday-court-hush-money-case-rcna144928 |url-status=live }} On March 15, 2024, the judge delayed the start of trial until mid-April.{{Cite web |last1=Katersky |first1=Aaron |last2=Faulders |first2=Katherine |last3=Charalambous |first3=Peter |date=March 15, 2024 |title=Judge delays start of Trump's New York hush money trial |url=https://abcnews.go.com/US/trump-seeks-longer-delay-start-new-york-hush/story?id=108159809 |access-date=2024-03-17 |website=ABC News |language=en |archive-date=March 15, 2024 |archive-url=https://web.archive.org/web/20240315222343/https://abcnews.go.com/US/trump-seeks-longer-delay-start-new-york-hush/story?id=108159809 |url-status=live }} On March 25, 2024, the judge set a trial date of April 15, and denied a motion by Trump's team to further delay the trial. On May 23, 2024, Merchan denied Trump's request to sanction prosecutors regarding the document release, ruling that the defense was provided sufficient time to respond.{{Cite web |date=2024-05-23 |title=Judge in 'hush money' trial rejects Trump request to sanction prosecutors |url=https://www.cbsnews.com/news/trump-hush-money-trial-judge-rejects-request-to-sanction-prosecutors/ |access-date=2024-05-27 |website=CBS News |language=en-US |archive-date=May 27, 2024 |archive-url=https://web.archive.org/web/20240527073037/https://www.cbsnews.com/news/trump-hush-money-trial-judge-rejects-request-to-sanction-prosecutors/ |url-status=live }}
On March 18, Trump's team requested an additional delay on the basis that pretrial publicity and apparent anti-Trump bias in Manhattan would prohibit a fair jury from being selected in April, although only 35% in the cited poll said they were convinced Trump was guilty in the DA's case specifically. Trump's lawyers cited berating statements by Cohen, e.g. saying he served jail time because his "lying" former boss "couldn't keep his mushroom dick in his pants". On March 25, the assistant DA countered that "publicity is not likely to abate [and] the pretrial publicity has been ... exacerbated by the defendant".{{Cite web |last=Italiano |first=Laura |date=March 30, 2024 |title=Trump complains in latest hush-money delay bid that Manhattan already thinks he's guilty, and Michael Cohen keeps saying 'Donald von Shitsinpants' |url=https://www.businessinsider.com/hush-money-delay-trump-says-manhattan-already-thinks-hes-guilty-2024-3 |access-date=2024-04-01 |website=Business Insider |language=en-US |archive-date=April 11, 2024 |archive-url=https://web.archive.org/web/20240411221812/https://www.businessinsider.com/hush-money-delay-trump-says-manhattan-already-thinks-hes-guilty-2024-3 |url-status=live }} On April 8, Trump's team asked the appeals court for a delay to allow an attempt to move the trial to a different county, which was denied the same day.
On April 8, Trump requested to postpone the trial so the court could consider a change of venue, which was denied the same day,{{Cite web |last1=Scannell |first1=Kara |last2=del Valle |first2=Lauren |last3=Herb |first3=Jeremy |date=2024-04-08 |title=Judge denies Trump's request to postpone trial and consider venue change in hush money case |url=https://www.cnn.com/2024/04/08/politics/trump-hush-money-case-gag-order-venue-appeal/index.html |access-date=2024-04-09 |website=CNN |language=en |archive-date=April 8, 2024 |archive-url=https://web.archive.org/web/20240408174600/https://www.cnn.com/2024/04/08/politics/trump-hush-money-case-gag-order-venue-appeal/index.html |url-status=live }} and so he could appeal the gag order, which was denied the next day.{{Cite web |last1=Peltz |first1=Jennifer |last2=Sisak |first2=Michael |date=2024-04-09 |title=Judge Rejects Donald Trump's Latest Attempt To Delay Hush Money Trial |url=https://www.huffpost.com/entry/donald-trump-hush-money-trial_n_66156d2de4b035c82d2704e8 |access-date=2024-04-09 |website=HuffPost |language=en |archive-date=April 9, 2024 |archive-url=https://web.archive.org/web/20240409173623/https://www.huffpost.com/entry/donald-trump-hush-money-trial_n_66156d2de4b035c82d2704e8 |url-status=live }} On April 10, the appeals court denied Trump's request to postpone trial on the basis of Merchan being unqualified.{{Cite news |last=Jacobs |first=Shayna |date=April 10, 2024 |title=Trump fails to delay N.Y. criminal trial for a third time this week |url=https://www.washingtonpost.com/politics/2024/04/10/trump-new-york-criminal-trial-merchan/ |access-date=April 10, 2024 |newspaper=Washington Post}} On April 12, Merchan denied the defendant's request to delay trial on the basis of "prejudicial" media coverage.{{Cite web |last1=Schonfeld |first1=Zach |last2=Lee |first2=Ella |date=2024-04-12 |title=Judge rejects Trump bid, rules hush money trial will begin on Monday |url=https://thehill.com/regulation/court-battles/4591226-judge-rejects-trump-bid-rules-hush-money-trial-will-begin-on-monday/ |access-date=2024-04-13 |website=The Hill |language=en-US |archive-date=April 12, 2024 |archive-url=https://web.archive.org/web/20240412221446/https://thehill.com/regulation/court-battles/4591226-judge-rejects-trump-bid-rules-hush-money-trial-will-begin-on-monday/ |url-status=live }} On April 15, Merchan said Trump was "required to be here" on April 25 and "not required to be at the Supreme Court" that day, when it would hear arguments on his immunity claim in the federal election case.{{Cite web |last=Peltz |first=Jennifer |date=April 15, 2024 |title=Trump trial day 1 highlights: Court adjourns for the day with no jurors picked |url=https://apnews.com/live/Trump-trial-hush-money-updates-april-15 |access-date=2024-04-16 |website=AP News |language=en |archive-date=April 16, 2024 |archive-url=https://web.archive.org/web/20240416190724/https://apnews.com/live/trump-trial-hush-money-updates-april-15 |url-status=live }} Merchan said he was not yet prepared to say whether trial would be held on May 17 to allow Trump to attend his son Barron's high-school graduation, but indicated that he probably would grant him the day off if the proceedings progressed at an expected pace.{{Cite news |last=Sisak |first=Michael R. |date=April 15, 2024 |title=Trump requests a day off to attend his son's high school graduation |url=https://apnews.com/live/Trump-trial-hush-money-updates-april-15#0000018e-e21d-d37c-a59e-ee3dd2830000 |access-date=April 16, 2024 |website=AP News |archive-date=April 16, 2024 |archive-url=https://web.archive.org/web/20240416011649/https://apnews.com/live/trump-trial-hush-money-updates-april-15#0000018e-e21d-d37c-a59e-ee3dd2830000 |url-status=live }} Trump subsequently complained that he would "not be allowed" to attend the graduation, but on April 30 the judge said he would be able to do so.{{Cite news |last=Rohrlich |first=Justin |date=2024-04-30 |title=Trump Is Allowed to Attend Barron's Graduation After All |url=https://www.thedailybeast.com/trump-allowed-to-attend-son-barrons-high-school-graduation-after-all |access-date=2024-05-01 |work=The Daily Beast |language=en |archive-date=May 1, 2024 |archive-url=https://web.archive.org/web/20240501003136/https://www.thedailybeast.com/trump-allowed-to-attend-son-barrons-high-school-graduation-after-all |url-status=live }} On May 17, Donald and Melania Trump attended their son's graduation from Oxbridge Academy at West Palm Beach, followed by a visit to Lincoln Reagan Dinner at the 2024 annual Minnesota Republican convention in Saint Paul, Minnesota.{{cite news |last1=Krauss |first1=Louis |title=A busy day ahead for Trump: First his son's graduation in Florida, then dinner with state Republicans in St. Paul |url=https://www.startribune.com/a-busy-day-ahead-for-trump-first-his-sons-graduation-in-florida-then-dinner-with-state-republicans-in-st-paul/600366672/ |access-date=May 26, 2024 |work=Star Tribune |date=May 17, 2024 |archive-date=May 26, 2024 |archive-url=https://web.archive.org/web/20240526233837/https://www.startribune.com/a-busy-day-ahead-for-trump-first-his-sons-graduation-in-florida-then-dinner-with-state-republicans-in-st-paul/600366672/ |url-status=live }}
=Gag order=
In a May 2023 hearing and court filing, prosecutors expressed concern that Trump would misuse evidence obtained through pretrial discovery procedure to attack people involved in the case, including witnesses. Justice Merchan declined to issue a gag order or prohibit Trump from publicly commenting about the case against him, but issued a protective order setting rules for the use of social media involving elements of the case, and set a hearing (with Trump to appear remotely) to explain the rules.{{cite news |last1=Reiss |first1=Adam |last2=Gregorian |first2=Dareh |date=May 8, 2023 |title=Trump prohibited from posting evidence in hush money case to social media, judge rules |url=https://www.nbcnews.com/politics/donald-trump/trump-barred-posting-evidence-hush-money-case-social-media-rcna83444 |url-status=live |archive-url=https://archive.today/20230509134834/https://www.nbcnews.com/politics/donald-trump/trump-barred-posting-evidence-hush-money-case-social-media-rcna83444 |archive-date=2023-05-09 |work=NBC News}}{{cite news |last=Sisak |first=Michael R. |date=May 12, 2023 |title=Trump to get schooled on rules after district attorney worries he'll use evidence to slam witnesses |url=https://apnews.com/article/trump-criminal-hush-money-video-hearing-03930ae00505487803f8338fe8840ba7 |url-status=live |archive-url=https://web.archive.org/web/20230511233039/https://apnews.com/article/trump-criminal-hush-money-video-hearing-03930ae00505487803f8338fe8840ba7 |archive-date=2023-05-11 |work=Associated Press}}
At Trump's arraignment, on April 4, 2023, Merchan instructed Blanche to "speak to your client and anybody else you need to, and remind them to please refrain, please refrain from making statements that are likely to incite violence or civil unrest. Please refrain from making comments or engaging in conduct that has the potential to incite violence, create civil unrest, or jeopardize the safety or well-being of any individuals."{{cite news |last1=Montanaro |first1=Domenico |title=Donald Trump lashes out, resorting to old tactics after arraignment hearing |url=https://www.npr.org/2023/04/05/1168113684/donald-trump-lashes-out-resorting-to-old-tactics-after-arraignment-hearing |access-date=May 29, 2024 |work=NPR |date=April 5, 2023 |archive-date=September 28, 2023 |archive-url=https://web.archive.org/web/20230928053940/https://www.npr.org/2023/04/05/1168113684/donald-trump-lashes-out-resorting-to-old-tactics-after-arraignment-hearing |url-status=live }} Blanche had stated that Trump was "frustrated, upset, and believes that there is a grave injustice happening with him being in this courtroom today" which Merchan rebuked "I don't share your view that certain language and certain rhetoric is just by frustration." Merchan did not seek to impose a gag order at the time.{{cite news |last1=Bower |first1=Anna |last2=Wittes |first2=Benjamin |title=The Arraignment of Donald J. Trump: A Detailed Summary |url=https://www.lawfaremedia.org/article/arraignment-donald-j-trump-detailed-summary |access-date=May 29, 2024 |work=LawFare |date=April 5, 2023 |language=en |archive-date=May 10, 2024 |archive-url=https://web.archive.org/web/20240510012745/https://www.lawfaremedia.org/article/arraignment-donald-j-trump-detailed-summary |url-status=live }}
On February 26, 2024, the Manhattan DA asked for a gag order on Trump, noting that Trump has been fined $15,000 for two violations of a gag order in the civil fraud trial by disparaging the judge's law clerk on social media, and reporting that police had logged 89 threats to Bragg, his family, or staff in 2023 (as opposed to a single threat in 2022).{{Cite web |last=Sisak |first=Michael |date=2024-02-26 |title=Prosecutors Ask For Trump Gag Order In Hush-Money Case |url=https://apnews.com/article/trump-hush-money-gag-order-new-york-criminal-case-7e627d75e81ad20e8977a9a715ad54c9 |access-date=2024-02-26 |work=Associated Press News |language=en |archive-date=April 4, 2024 |archive-url=https://web.archive.org/web/20240404091656/https://apnews.com/article/trump-hush-money-gag-order-new-york-criminal-case-7e627d75e81ad20e8977a9a715ad54c9 |url-status=live }} On March 7, Merchan ruled that the jury would be anonymous except to some involved in the trial, including Trump, his lawyers, and prosecutors.{{Cite web |last=Sisak |first=Michael R. |date=2024-03-07 |title=Donald Trump will get juror names at New York criminal trial but they'll be anonymous to the public |url=https://www.yahoo.com/news/donald-trump-juror-names-york-234329096.html |access-date=2024-03-14 |website=The AP |language=en-US |via=Yahoo! News |archive-date=April 7, 2024 |archive-url=https://web.archive.org/web/20240407061510/https://www.yahoo.com/news/donald-trump-juror-names-york-234329096.html |url-status=live }} On March 26, Merchan imposed a gag order on Trump, restricting what he could say publicly about people involved in the case.{{Cite web |last1=Kaufman |first1=Katrina |last2=Kates |first2=Graham |date=2024-03-26 |title=Judge imposes gag order on Trump in New York 'hush money' case |url=https://www.cbsnews.com/news/trump-gag-order-new-york-hush-money-case/ |access-date=2024-03-27 |website=CBS News |language=en-US |archive-date=April 11, 2024 |archive-url=https://web.archive.org/web/20240411133747/https://www.cbsnews.com/news/trump-gag-order-new-york-hush-money-case/ |url-status=live }} Additionally, the judge warned the defense, under the threat of contempt, against dilatory tactics such as the late filing of pretrial motions or last-minute demands, pointing out that Trump had "stated publicly that the defense goal is to delay these proceedings ... past the 2024 presidential election".{{Cite web |last1=Italiano |first1=Laura |last2=Shamsian |first2=Jacob |date=March 26, 2024 |title=Trump hush-money judge warns against delay tactics and threatens lawyers with contempt in blistering order |url=https://www.businessinsider.com/trump-hush-money-judge-threatens-lawyers-contempt-in-fiery-order-2024-3 |access-date=2024-03-28 |website=Business Insider |language=en-US |archive-date=April 9, 2024 |archive-url=https://web.archive.org/web/20240409202858/https://www.businessinsider.com/trump-hush-money-judge-threatens-lawyers-contempt-in-fiery-order-2024-3 |url-status=live }}{{Cite web |last1=Sisak |first1=Michael R. |last2=Tucker |first2=Eric |date=March 15, 2024 |title=Donald Trump wanted trial delays, and he's getting them. Hush-money case is latest to be put off |url=https://abcnews.go.com/Politics/wireStory/donald-trump-wanted-trial-delays-hush-money-case-108169970 |access-date=2024-03-28 |agency=Associated Press |language=en |publisher=ABC News |archive-date=March 30, 2024 |archive-url=https://web.archive.org/web/20240330161323/https://abcnews.go.com/Politics/wireStory/donald-trump-wanted-trial-delays-hush-money-case-108169970 |url-status=live }} On March 26, Trump made online posts attacking the judge, the gag order, and Merchan's daughter, the latter over an anti-Trump social-media post created by someone impersonating her on social media.{{Cite web |last=Derysh |first=Igor |date=2024-03-26 |title="Intimidating the judge": Expert says Trump Truth Social post put a "target" on judge's daughter |url=https://www.salon.com/2024/03/26/intimidating-the-judge-expert-says-truth-social-post-put-a-target-on-judges-daughter/ |access-date=2024-03-26 |website=Salon |language=en |archive-date=March 26, 2024 |archive-url=https://web.archive.org/web/20240326192515/https://www.salon.com/2024/03/26/intimidating-the-judge-expert-says-truth-social-post-put-a-target-on-judges-daughter/ |url-status=live }}{{Cite web |last1=Faulders |first1=Katherine |last2=Katersky |first2=Aaron |last3=Charalambous |first3=Peter |date=March 29, 2024 |title=Trump must 'immediately desist' from targeting judge's daughter, prosecutors say |url=https://abcnews.go.com/US/trump-immediately-desist-targeting-judges-daughter-prosecutors/story?id=108668982 |access-date=2024-03-30 |website=ABC News |language=en |archive-date=April 13, 2024 |archive-url=https://web.archive.org/web/20240413170310/https://abcnews.go.com/US/trump-immediately-desist-targeting-judges-daughter-prosecutors/story?id=108668982 |url-status=live }}Marshall Cohen, [https://www.cnn.com/2024/04/06/politics/trump-judge-daughter-attacks-explainer/index.html Breaking down Trump's attacks on the daughter of the judge in his New York hush-money trial] {{Webarchive|url=https://web.archive.org/web/20240417143512/https://www.cnn.com/2024/04/06/politics/trump-judge-daughter-attacks-explainer/index.html |date=April 17, 2024 }}, CNN (April 7, 2024). The same day, Merchan imposed a gag order forbidding Trump to publicly comment on court staff, prosecutors, prospective jurors, or their families, or to cause others to make such statements, in a way that interferes with the case. Bragg (as a public figure) and Merchan (as the judge) were specifically exempted from protection.{{Cite web |last=Scannell |first=Kara |date=2024-03-26 |title=NY judge issues gag order on Trump in hush money trial |url=https://www.cnn.com/2024/03/26/politics/trump-hush-money-trial-gag-order/index.html |access-date=2024-03-26 |website=CNN |language=en |archive-date=March 26, 2024 |archive-url=https://web.archive.org/web/20240326192514/https://www.cnn.com/2024/03/26/politics/trump-hush-money-trial-gag-order/index.html |url-status=live }}{{Cite web |last=Visser |first=Nick |date=2024-03-28 |title=Trump Goes After Judge In Hush Money Trial After Being Hit With New Gag Order |url=https://www.huffpost.com/entry/donald-trump-judge-hush-money_n_6604e378e4b0783b481cc264 |access-date=2024-03-28 |website=HuffPost |language=en |archive-date=March 28, 2024 |archive-url=https://web.archive.org/web/20240328125535/https://www.huffpost.com/entry/donald-trump-judge-hush-money_n_6604e378e4b0783b481cc264 |url-status=live }} The court also ordered Trump not to comment on prospective trial witnesses concerning their potential participation in the criminal case.{{Cite web |last=Offenhartz |first=Jake |date=2024-04-11 |title=Trump tests limits of gag order with post insulting 2 likely witnesses in criminal trial |url=https://apnews.com/article/trump-trial-new-york-gag-order-a3193356a115951052bbd92f528d1989 |access-date=2024-04-16 |website=AP News |language=en |archive-date=April 11, 2024 |archive-url=https://web.archive.org/web/20240411183848/https://apnews.com/article/trump-trial-new-york-gag-order-a3193356a115951052bbd92f528d1989 |url-status=live }}
On March 27 and 28, Trump again attacked Merchan's daughter on social media.{{Cite web |last=Rajkumar |first=Shruti |date=2024-03-29 |title=Trump Once Again Goes After Daughter Of Judge Overseeing Hush Money Trial |url=https://www.huffpost.com/entry/donald-trump-lashes-out-judge-daughter_n_66062c69e4b05c3d0729f18e |access-date=2024-03-29 |website=HuffPost |language=en |archive-date=March 29, 2024 |archive-url=https://web.archive.org/web/20240329171902/https://www.huffpost.com/entry/donald-trump-lashes-out-judge-daughter_n_66062c69e4b05c3d0729f18e |url-status=live }} On March 29, prosecutors requested that the limits of the gag order be explicated regarding family of court staff in hopes of terminating what they considered intentionally defiant behavior by Trump.{{Cite news |last=Jacobs |first=Shayna |date=2024-03-29 |title=After Trump attacks hush money judge's daughter, DA seeks broader gag order |url=https://www.washingtonpost.com/politics/2024/03/29/trump-gag-order-judge-daughter-merchan/ |access-date=2024-03-30 |newspaper=Washington Post |language=en-US |issn=0190-8286}} On April 1, Merchan expanded the gag order to protect his and Bragg's family members, saying attacks on them "serve no legitimate purpose".{{Cite news |last=Epstein |first=Kayla |date=2024-04-01 |title=Trump gag order expanded after he slams New York judge's daughter |url=https://www.bbc.com/news/world-us-canada-68709900 |access-date=2024-04-02 |work=BBC News |language=en-GB |archive-date=April 14, 2024 |archive-url=https://web.archive.org/web/20240414071000/https://www.bbc.com/news/world-us-canada-68709900 |url-status=live }}{{Cite news |last1=Scannell |first1=Kara |last2=del Valle |first2=Lauren |last3=Herb |first3=Jeremy |date=April 1, 2024 |title=Judge expands gag order in Trump hush money case to include family members of court |url=https://edition.cnn.com/2024/04/01/politics/manhattan-district-attorney-trump-judge-gag-order/index.html |access-date=April 1, 2024 |work=CNN |archive-date=April 1, 2024 |archive-url=https://web.archive.org/web/20240401220617/https://edition.cnn.com/2024/04/01/politics/manhattan-district-attorney-trump-judge-gag-order/index.html |url-status=live }} He wrote that Trump's continued attacks posted a "very real" threat to the integrity of proceedings and could cause those involved in the case to fear for themselves and their families, which would "undoubtedly interfere with the fair administration of justice and constitutes a direct attack on the Rule of Law itself".Alison Durkee, [https://www.forbes.com/sites/alisondurkee/2024/04/02/trump-gag-orders-heres-everything-the-ex-president-cant-say-in-the-cases-against-him-as-hush-money-judge-expands-restrictions/?sh=77827b902fbf Trump Gag Orders: Here's Everything The Ex-President Can't Say In The Cases Against Him—As Hush Money Judge Expands Restrictions] {{Webarchive|url=https://web.archive.org/web/20240420203711/https://www.forbes.com/sites/alisondurkee/2024/04/02/trump-gag-orders-heres-everything-the-ex-president-cant-say-in-the-cases-against-him-as-hush-money-judge-expands-restrictions/?sh=77827b902fbf |date=April 20, 2024 }}, Forbes (April 2, 2024). On April 11, Trump disparaged expected witnesses Cohen and Daniels on social media, referring to them as dishonest "sleaze bags". On May 6, Merchan found Trump in contempt of court for the tenth time, but stated that he did not wish to jail Trump due to the fact that Trump was a former and potentially the next president.{{cite web | last1=Herb | first1=Jeremy | last2=Scannell | first2=Kara | last3=Valle | first3=Lauren del | last4=Levenson | first4=Eric | title=Judge finds Donald Trump in contempt for 10th time over gag order and threatens jail time | website=CNN | date=2024-05-06 | url=https://edition.cnn.com/2024/05/06/politics/merchan-trump-gag-order-contempt/index.html | access-date=2024-05-29 | archive-date=May 22, 2024 | archive-url=https://web.archive.org/web/20240522033836/https://edition.cnn.com/2024/05/06/politics/merchan-trump-gag-order-contempt/index.html | url-status=live }}
Contempt hearings were later held concerning numerous alleged violations of the gag order. On May 14, a New York appeals court denied Trump's request to overturn the order.{{Cite web |last=Ryan |first=Grenoble |date=2024-05-14 |title=Trump's Gag Order Appeal Is Denied |url=https://www.huffpost.com/entry/donald-trump-hush-money-trial-week-5-live-updates_n_6640feebe4b0866a5b2c29ad/liveblog_66437fdde4b0f22a60f32a5f |access-date=2024-05-14 |website=HuffPost |language=en |archive-date=May 14, 2024 |archive-url=https://web.archive.org/web/20240514171732/https://www.huffpost.com/entry/donald-trump-hush-money-trial-week-5-live-updates_n_6640feebe4b0866a5b2c29ad/liveblog_66437fdde4b0f22a60f32a5f |url-status=live }}
Also on May 14, United States Senator Tommy Tuberville called the gag order "ridiculous" for stopping Trump "from having a say-so in his own trial"; Tuberville further said that members of Congress were attending the trial "to speak our piece for President Trump" and "overcome this gag order", and he hoped that "more and more" members of Congress would do so.{{cite news |last1=Garrison |first1=Greg |title=Tuberville: Trump supporters attend trial to 'overcome gag order' at 'Super Bowl' for Democrats |url=https://www.al.com/news/2024/05/tuberville-trump-supporters-attend-trial-to-overcome-gag-order-at-super-bowl-for-democrats.html |access-date=May 16, 2024 |work=al.com |date=May 15, 2024 |archive-date=May 16, 2024 |archive-url=https://web.archive.org/web/20240516034405/https://www.al.com/news/2024/05/tuberville-trump-supporters-attend-trial-to-overcome-gag-order-at-super-bowl-for-democrats.html |url-status=live }} Republican members of Congress, including Tuberville, JD Vance, Cory Mills, Nicole Malliotakis and Speaker Mike Johnson, have criticized witness Michael Cohen, while Byron Donalds, Rick Scott, Vance, and Johnson have criticized Merchan's daughter.{{cite news |last1=Kochi |first1=Sudiksha |last2=Jansen |first2=Bart |last3=Bagchi |first3=Aysha |title=Mike Johnson, Vivek Ramaswamy join chorus of Trump allies attacking Cohen amid trial |url=https://www.usatoday.com/story/news/politics/elections/2024/05/14/trump-allies-attack-hush-money-trial-witnesses/73687068007/ |access-date=May 16, 2024 |work=USA Today |date=May 15, 2024 |archive-date=May 16, 2024 |archive-url=https://web.archive.org/web/20240516104831/https://www.usatoday.com/story/news/politics/elections/2024/05/14/trump-allies-attack-hush-money-trial-witnesses/73687068007/ |url-status=live }}{{cite news |last1=Kinnard |first1=Meg |title=Donald Trump's GOP allies show up in force as Michael Cohen takes the stand in hush money trial |url=https://apnews.com/article/donald-trump-court-allies-jd-vance-2666cc432e5291e8fa7dd7fba9c2ffad |access-date=May 16, 2024 |work=Associated Press |date=May 14, 2024 |archive-date=May 16, 2024 |archive-url=https://web.archive.org/web/20240516020236/https://apnews.com/article/donald-trump-court-allies-jd-vance-2666cc432e5291e8fa7dd7fba9c2ffad |url-status=live }}{{cite news |last1=Bohannon |first1=Molly |title=Republicans Attend Trump NYC Trial And Make Attacks Trump Can't Under Gag Order |url=https://www.forbes.com/sites/mollybohannon/2024/05/14/republicans-attend-trump-nyc-trial-and-make-attacks-trump-cant-under-gag-order/?sh=465666864683 |access-date=May 16, 2024 |work=Forbes |date=May 14, 2024 |archive-date=May 16, 2024 |archive-url=https://web.archive.org/web/20240516140858/https://www.forbes.com/sites/mollybohannon/2024/05/14/republicans-attend-trump-nyc-trial-and-make-attacks-trump-cant-under-gag-order/?sh=465666864683 |url-status=live }}{{cite news |last1=Blake |first1=Aaron |title=Trump is gagged. So his surrogates say the forbidden stuff for him. |url=https://www.washingtonpost.com/politics/2024/05/13/trump-is-gagged-so-his-surrogates-say-forbidden-stuff-him/ |access-date=May 16, 2024 |newspaper=The Washington Post |date=May 13, 2024 |archive-url=https://archive.today/20240514054245/https://www.washingtonpost.com/politics/2024/05/13/trump-is-gagged-so-his-surrogates-say-forbidden-stuff-him/ |archive-date=May 14, 2024}} New York magazine journalist Andrew Rice claimed that during Cohen's May 13 testimony, he saw Trump penning revision notes as to statements about the case from his Republican allies.{{cite news |last1=Moran |first1=Lee |title=Journalist Says He Saw Trump Editing Speeches For His Stooges To Give Outside Court |url=https://www.huffpost.com/entry/donald-trump-editing-allies-claim_n_664440f4e4b09a547999e75e |access-date=May 18, 2024 |work=Huffington Post |date=May 15, 2024 |archive-date=May 18, 2024 |archive-url=https://web.archive.org/web/20240518083403/https://www.huffpost.com/entry/donald-trump-editing-allies-claim_n_664440f4e4b09a547999e75e |url-status=live }} On May 14, Trump commented that "I do have a lot of surrogates, and they're speaking very beautifully."{{cite news |date=May 15, 2024 |title=Cohen reveals insider details at trial, Trump's defense claims motive is vengeance |url=https://www.france24.com/en/americas/20240515-cohen-trial-trump-defense |access-date=May 16, 2024 |work=France 24 |archive-date=May 16, 2024 |archive-url=https://web.archive.org/web/20240516011324/https://www.france24.com/en/americas/20240515-cohen-trial-trump-defense |url-status=live }}
On May 20, speaking outside the courtroom, Trump mentioned witnesses Robert Costello and Michael Cohen.{{Cite news |last=Blake |first=Aaron |date=2024-05-21 |title=Analysis: How Trump's latest comments could violate his gag order again |url=https://www.washingtonpost.com/politics/2024/05/21/how-trumps-latest-comments-could-again-violate-his-gag-order/ |access-date=2024-05-21 |newspaper=Washington Post |language=en-US |issn=0190-8286 |archive-date=May 21, 2024 |archive-url=https://web.archive.org/web/20240521103907/https://www.washingtonpost.com/politics/2024/05/21/how-trumps-latest-comments-could-again-violate-his-gag-order/ |url-status=live }}
On June 25, Merchan lifted parts of Trump's gag order, allowing him to talk about the jury and witnesses who took the stand during the trial.{{cite web|url=https://www.nytimes.com/2024/06/25/nyregion/trump-gag-order-hush-money-trial.html |first=Ben |last=Protess |date=June 25, 2024 |newspaper=The New York Times |title=Trump Can Now Criticize Witnesses Who Testified Against Him, Judge Rules |access-date=June 25, 2024}} Merchan also stated that the gag order would be completely lifted following sentencing.{{cite web|url=https://www.cnn.com/2024/06/25/politics/trump-gag-order/index.html |first1=Lauren |last1=del Valle |first2=Jeremy |last2=Harb |website=CNN |date=June 25, 2024 |title=Judge lifts parts of Trump gag order ahead of sentencing in New York criminal case |access-date=June 25, 2024}}
=Statute of limitations=
In New York, the statute of limitations is typically two years for misdemeanors and five years for felonies. Though falsifying business records is typically a misdemeanor, in New York, the charges are upgraded to a felony when used to commit or conceal another crime. Trump was charged with falsifying business records in the first degree, which is a Class E felony (the least severe), whose statute of limitations is five years. On March 20, 2020, in response to the COVID-19 pandemic, New York Governor Andrew M. Cuomo issued Executive Order No. 202.8 tolling (pausing) the statute of limitations for "any specific time limit for the commencement, filing, or service of any legal action, notice, motion, or other process or proceeding, as prescribed by the procedural laws of the state".
Merchan ruled the tolling deadline was through May 6, 2021, thus extending the deadline for the prosecution by one year and 47 days, allowing the felony prosecution to commence within 6 years and 47 days from when the crime was committed. Trump's first indictment occurred on February 14, 2017, and the indictment was filed on March 3, 2023, within days of the deadline. On February 14, 2024, Merchan ruled that the tolled period was sufficient.
The New York statute of limitations provision, CPL§30.10, permits tolling of up to five years while the defendant is continuously outside the state.{{cite news |last1=Scannell |first1=Kara |date=12 March 2021 |title=Trump's time in White House could end up benefiting New York prosecutors |url=https://www.cnn.com/2021/03/12/politics/trump-statute-of-limitations/index.html |access-date=7 June 2024 |work=CNN |language=en |quote= |archive-date=June 9, 2024 |archive-url=https://web.archive.org/web/20240609175353/https://www.cnn.com/2021/03/12/politics/trump-statute-of-limitations/index.html |url-status=live }} During his presidency, Trump spent the majority of his time outside New York. Merchan declined to address where this provision was applicable as the tolling occasioned by the Governor's Executive Order was sufficient.{{cite news |last1=Mueller |first1=Chris |title=After conviction, Trump questioned the New York statute of limitations. Here are the facts |url=https://www.usatoday.com/story/news/factcheck/2024/06/05/trump-case-statute-of-limitations-explained/73983592007/ |access-date=7 June 2024 |work=USA TODAY |date=June 5, 2024 |archive-date=June 7, 2024 |archive-url=https://web.archive.org/web/20240607195824/https://www.usatoday.com/story/news/factcheck/2024/06/05/trump-case-statute-of-limitations-explained/73983592007/ |url-status=live }}
Trial
{{Main|Criminal trial of Donald Trump in New York}}
The trial began on April{{nbsp}}15, 2024, with recessed Wednesdays.{{Cite news |last=Arnsdorf |first=Isaac |date=April 17, 2024 |title=Could Trump face jail time? Your questions on the N.Y. case, answered. |url=https://www.washingtonpost.com/national-security/2024/04/17/questions-answers-trump-hush-money-trial/#link-38630357b118476485d3f91aef005265 |access-date=April 18, 2024 |newspaper=Washington Post}} Trump was required to attend every day of trial barring a court-approved absence.{{Cite news |last=Cabral |first=Sam |date=2024-02-15 |title=What to know about Trump's hush-money trial |url=https://www.bbc.com/news/world-us-canada-68309680 |url-status=live |archive-url=https://web.archive.org/web/20240418192110/https://www.bbc.com/news/world-us-canada-68309680 |archive-date=April 18, 2024 |access-date=2024-04-18 |work=BBC |language=en-GB}} The trial was not televised.{{Cite news |date=April 25, 2024 |title=Ex-National Enquirer publisher testifying at Trump's hush money trial describes deals |url=https://wapo.st/3Qkwp4e |access-date=April 25, 2024 |newspaper=The Washington Post}} Initially, Merchan allowed photographers to stand at the front of the room for a few minutes each morning before the trial began to take photos of Trump seated. Merchan withdrew this permission on May{{nbsp}}9 after at least one photo was taken from the side of the table.{{Cite news |last=Barr |first=Jeremy |date=2024-05-10 |title=Courtroom photo ban adds to hurdles for Trump trial journalists |url=https://www.washingtonpost.com/style/media/2024/05/10/photography-ban-trump-trial/ |url-status=live |archive-url=https://web.archive.org/web/20240517225316/https://www.washingtonpost.com/style/media/2024/05/10/photography-ban-trump-trial/ |archive-date=May 17, 2024 |access-date=2024-05-11 |newspaper=Washington Post |language=en-US |issn=0190-8286}} There are courtroom sketch artists present to capture the milieu.{{cite news |last1=Hernandez |first1=Joe |date=May 7, 2024 |title=Here are the courtroom sketch artists drawing Trump's hush money trial |url=https://www.npr.org/2024/05/07/1249571508/trump-trial-courtroom-sketch-artists |url-status=live |archive-url=https://web.archive.org/web/20240526183026/https://www.npr.org/2024/05/07/1249571508/trump-trial-courtroom-sketch-artists |archive-date=May 26, 2024 |access-date=May 26, 2024 |work=NPR}}{{efn|There were three courtroom sketch artists, hired by various news agencies, who attended the trial daily: Christine Cornell, Elizabeth Williams, and Jane Rosenberg. The sketch artists, positioned in the third row of the gallery (the first two rows were reserved by the defense and prosecution), often struggled to gain a clear view of the witnesses due to their distance and obstructions caused by security personnel, instead often relying on binoculars to observe the proceedings through an internal video feed. Due to the security restrictions, the sketch artists delivered their work during breaks, by propping up their sketches on a trash can in the court bathroom and then using cell phones to photograph them.{{cite news |last1=McCausland |first1=Phil |title=Veteran sketch artists have never seen trial like Trump's |url=https://www.bbc.com/news/articles/c6pp423575ko |access-date=May 26, 2024 |work=BBC |date=May 24, 2024 |archive-date=May 26, 2024 |archive-url=https://web.archive.org/web/20240526170040/https://www.bbc.com/news/articles/c6pp423575ko |url-status=live }} The sketches have been criticized by the public for their lack of detail, likeness,{{cite news |last1=Wilburn |first1=Joshua |title=Stormy Daniels' Courtroom Sketch Artist Mocked By Critics |url=https://okmagazine.com/p/stormy-daniels-courtroom-sketch-mocked-critics-artist-negative/ |access-date=May 26, 2024 |work=OK Magazine |date=May 8, 2024 |archive-date=May 10, 2024 |archive-url=https://web.archive.org/web/20240510024608/https://okmagazine.com/p/stormy-daniels-courtroom-sketch-mocked-critics-artist-negative/ |url-status=live }} and negative depictions.{{cite news |last1=Sommerlad |first1=Joe |title=Sketchy characters: The best courtroom drawings from Donald Trump's New York hush money trial |url=https://www.the-independent.com/news/world/americas/us-politics/trump-trial-courtroom-sketches-b2546309.html |access-date=May 26, 2024 |work=Independent |date=May 17, 2024 |quote="My God! The most famous man on earth is on trial, and there's no cameras allowed – just the artists, their pastels, and their desire to make Trump look as bad as possible. Every sketch of Trump looks like the Grinch had sex with the Lorax." |archive-date=May 26, 2024 |archive-url=https://web.archive.org/web/20240526185637/https://www.the-independent.com/news/world/americas/us-politics/trump-trial-courtroom-sketches-b2546309.html |url-status=live }} Trump has criticized the sketches as being unflattering.{{cite magazine |last1=Gioino |first1=Ryan Bort |last2=Bort |first2=Ryan |last3=Suebsaeng |first3=Asawin |last4=Gioino |first4=Catherina |title=Trump Privately Rages About His Sketch Artist, Courtroom Nap Reports |url=https://www.rollingstone.com/politics/politics-features/trump-trial-mad-haberman-sketch-artist-1235007794/ |access-date=May 26, 2024 |magazine=Rolling Stone |date=April 20, 2024 |archive-date=May 17, 2024 |archive-url=https://web.archive.org/web/20240517102748/https://www.rollingstone.com/politics/politics-features/trump-trial-mad-haberman-sketch-artist-1235007794/ |url-status=live }} }}
= Opening proceedings =
On April{{nbsp}}8, 2024, the judge gave attorneys a copy of the jury selection questionnaire,{{Cite web |last1=Rubin |first1=Lisa |last2=Richards |first2=Zoë |date=2024-04-09 |title=Judge releases jury questionnaire for Trump's hush money trial |url=https://www.nbcnews.com/politics/justice-department/judge-releases-jury-questionnaire-trumps-hush-money-trial-rcna146937 |url-status=live |archive-url=https://web.archive.org/web/20240409183606/https://www.nbcnews.com/politics/justice-department/judge-releases-jury-questionnaire-trumps-hush-money-trial-rcna146937 |archive-date=April 9, 2024 |access-date=2024-04-09 |website=NBC News |language=en}} with jury selection beginning on April 15{{Cite web |author1=Michael R. Sisak |author2=Jennifer Peltz |author3=Eric Tucker |date=April 15, 2024 |title=Trump's historic hush-money trial gets underway; 1st day ends without any jurors being picked |url=https://apnews.com/article/trump-hush-money-trial-jury-selection-8da8759352478be8effd3d5734aae35e |url-status=live |archive-url=https://web.archive.org/web/20240416013315/https://apnews.com/article/trump-hush-money-trial-jury-selection-8da8759352478be8effd3d5734aae35e |archive-date=April 16, 2024 |access-date=April 15, 2024 |work=Associated Press News}}{{Cite web |date=2024-04-15 |title=These are the questions potential jurors could be asked |url=https://edition.cnn.com/politics/live-news/trump-hush-money-trial-04-15-24#h_769c75779fa0ca202597a6faeefdf8b4 |url-status=live |archive-url=https://web.archive.org/web/20240415172458/https://edition.cnn.com/politics/live-news/trump-hush-money-trial-04-15-24/h_769c75779fa0ca202597a6faeefdf8b4 |archive-date=April 15, 2024 |access-date=2024-04-15 |website=CNN |language=en}} from a pool of over 500 candidates.{{Cite web |last=Kates |first=Graham |date=2024-04-05 |title=More than 500 New Yorkers set to be considered as jurors in Trump's 'hush money' trial |url=https://www.cbsnews.com/news/trump-trial-new-york-jury-selection/ |url-status=live |archive-url=https://web.archive.org/web/20240411134057/https://www.cbsnews.com/news/trump-trial-new-york-jury-selection/ |archive-date=April 11, 2024 |access-date=2024-04-06 |website=CBS News |language=en-US}} The selection of twelve jurors and six alternate jurors concluded on April 19.{{cite news |last1=Reiss |first1=Adam |last2=Rubin |first2=Lisa |last3=Gregorian |first3=Dareh |date=2024-04-19 |title=Jury selection in Trump's hush money trial is complete during tense day in court |url=https://www.nbcnews.com/politics/donald-trump/alternate-jurors-key-legal-arguments-tap-trump-hush-money-trial-rcna148479 |url-status=live |archive-url=https://web.archive.org/web/20240419181549/https://www.nbcnews.com/politics/donald-trump/alternate-jurors-key-legal-arguments-tap-trump-hush-money-trial-rcna148479 |archive-date=April 19, 2024 |access-date=2024-04-19 |publisher=NBC NEws}}{{Cite web |date=2024-04-18 |title=Jury selection for alternates will continue tomorrow |url=https://edition.cnn.com/politics/live-news/trump-hush-money-trial-04-18-24#h_7e6e1e40cfbdaaf342626de89729b1ab |url-status=live |archive-url=https://web.archive.org/web/20240418205502/https://edition.cnn.com/politics/live-news/trump-hush-money-trial-04-18-24/h_7e6e1e40cfbdaaf342626de89729b1ab |archive-date=April 18, 2024 |access-date=2024-04-18 |website=CNN |language=en}} The jury reportedly comprised seven men and five women, who mostly had white-collar careers.{{cite web |last1=Shamsian |first1=Jacob |last2=Italiano |first2=Laura |date=April 19, 2024 |title=12 jurors — including 3 finance guys and a woman whose friend is a convicted fraudster — have been chosen for Trump's Manhattan criminal trial |url=https://www.businessinsider.com/jurors-seated-donald-trump-trial-manattan-trial-who-are-they-2024-4 |url-status=live |archive-url=https://web.archive.org/web/20240423050055/https://www.businessinsider.com/jurors-seated-donald-trump-trial-manattan-trial-who-are-they-2024-4 |archive-date=April 23, 2024 |access-date=April 23, 2024 |website=Business Insider}}
On April 22, opening statements began.{{Cite web |last=Boboltz |first=Sara |date=2024-04-22 |title=Opening Statements Begin |url=https://www.huffpost.com/entry/donald-trump-hush-money-trial-live-updates_n_6622a36ae4b0167f7bf4c4a4/liveblog_66267505e4b0167f7bf5e3e8 |url-status=live |archive-url=https://web.archive.org/web/20240423234836/https://www.huffpost.com/entry/donald-trump-hush-money-trial-live-updates_n_6622a36ae4b0167f7bf4c4a4/liveblog_66267505e4b0167f7bf5e3e8 |archive-date=April 23, 2024 |access-date=2024-04-22 |website=HuffPost |language=en}} Prosecutors accused Trump, Cohen, and Pecker of campaign finance violations, alleging they coordinated payments to two women and concealed them as part of a conspiracy to influence the 2016 election.{{Cite web |last=Stanage |first=Niall |date=2024-04-22 |title=5 takeaways from opening arguments in the Trump trial |url=https://thehill.com/regulation/court-battles/4613135-5-takeaways-from-opening-arguments-in-the-trump-trial/ |url-status=live |archive-url=https://web.archive.org/web/20240422231735/https://thehill.com/regulation/court-battles/4613135-5-takeaways-from-opening-arguments-in-the-trump-trial/ |archive-date=April 22, 2024 |access-date=2024-04-23 |website=The Hill |language=en-US}} The defense argued that the testimony of Cohen, a convicted felon, could not be trusted; that the payments were ordinary business transactions, akin to editorial decisions made by newspapers;{{cite web |title=Trump Trial Opening Statements |url=https://apnews.com/live/trump-trial-updates-opening-statements#0000018f-06de-def7-a79f-e7dea6fd0000 |url-status=live |archive-url=https://web.archive.org/web/20240422180227/https://apnews.com/live/trump-trial-updates-opening-statements |archive-date=April 22, 2024 |access-date=April 22, 2024 |website=AP News}} and that in democracies it is normal for candidates to attempt to influence an election.
On April 15, prosecutors asked the judge to hold Trump in contempt and fine him $3,000 for three alleged violations of the gag order against him;{{Cite news |last1=Jacobs |first1=Shayna |last2=Barrett |first2=Devlin |last3=Weiner |first3=Rachel |last4=Arnsdorf |first4=Isaac |date=2024-04-18 |title=Tumultuous Trump trial day ends with 12 jurors, 1 alternative selected |url=https://www.washingtonpost.com/politics/2024/04/18/trump-jury-chosen-gag-order/ |url-status=live |archive-url=https://web.archive.org/web/20240419001020/https://www.washingtonpost.com/politics/2024/04/18/trump-jury-chosen-gag-order/ |archive-date=April 19, 2024 |access-date=2024-04-19 |newspaper=The Washington Post |language=en-US |issn=0190-8286}} prosecutors also requested to use the attacks on Cohen as evidence.{{Cite web |last1=Orden |first1=Erica |last2=Feuerherd |first2=Ben |last3=Cheney |first3=Kyle |date=2024-04-15 |title=Day 1 of Trump's trial: 9 potential jurors and a motion for contempt |url=https://www.politico.com/news/2024/04/15/trump-hush-money-trial-day-one-00152387 |url-status=live |archive-url=https://web.archive.org/web/20240416013753/https://www.politico.com/news/2024/04/15/trump-hush-money-trial-day-one-00152387 |archive-date=April 16, 2024 |access-date=2024-04-15 |website=Politico}}{{Cite web |last=Boboltz |first=Sara |date=2024-04-15 |title=Prosecutors Implore Judge To Rule On Trump's Alleged Gag Order Violations |url=https://www.huffpost.com/entry/donald-trump-hush-money-trial-live-updates_n_6619742ee4b084e936f11ad0/liveblog_6621270fe4b0d63376590d38 |url-status=live |archive-url=https://web.archive.org/web/20240418160013/https://www.huffpost.com/entry/donald-trump-hush-money-trial-live-updates_n_6619742ee4b084e936f11ad0/liveblog_6621270fe4b0d63376590d38 |archive-date=April 18, 2024 |access-date=2024-04-18 |website=HuffPost |language=en}} By the morning of April 18, prosecutors alleged that Trump incurred seven further violations of the order and requested that he be fined another $7,000. On April 23, Merchan heard arguments about whether Trump had violated the earlier gag order when he made social-media posts about two expected witnesses.{{cite news |last1=Reiss |first1=Adam |last2=Gregorian |first2=Dareh |last3=Rubin |first3=Lisa |date=April 23, 2024 |title=Judge skewers Trump defense's 'credibility' in gag order hearing ahead of witness testimony |url=https://www.nbcnews.com/politics/donald-trump/judge-trump-trial-hold-hearing-gag-order-witness-testimony-resumes-rcna148854 |url-status=live |archive-url=https://web.archive.org/web/20240423110858/https://www.nbcnews.com/politics/donald-trump/judge-trump-trial-hold-hearing-gag-order-witness-testimony-resumes-rcna148854 |archive-date=April 23, 2024 |access-date=April 23, 2024 |publisher=NBC News}} On April 30, Trump became the first U.S. president ever to be held in criminal contempt of court,{{cite news |last1=Aftergut |first1=Dennis |last2=Baron |first2=Frederick |date=April 30, 2024 |title=The Rule of Law Finally Comes for Donald Trump |url=https://slate.com/news-and-politics/2024/04/trump-criminal-contempt-of-court-historic.html |url-status=live |archive-url=https://web.archive.org/web/20240501080224/https://slate.com/news-and-politics/2024/04/trump-criminal-contempt-of-court-historic.html |archive-date=May 1, 2024 |access-date=May 1, 2024 |work=Slate}} on nine of the ten counts.{{cite news |last1=Queen |first1=Jack |last2=Godoy |first2=Jody |last3=Sullivan |first3=Andy |date=May 1, 2024 |title=Judge fines Trump $9,000, threatens jail for contempt in hush money trial |url=https://www.reuters.com/world/us/trump-nyc-hush-money-trial-resume-with-bankers-testimony-2024-04-30/ |access-date=May 6, 2024 |work=Reuters |archive-date=May 1, 2024 |archive-url=https://web.archive.org/web/20240501214214/https://www.reuters.com/world/us/trump-nyc-hush-money-trial-resume-with-bankers-testimony-2024-04-30/ |url-status=live }} Over the next few days, he paid a $9,000 fine.{{Cite news |last=Jacobs |first=Shayna |date=May 3, 2024 |title=Hope Hicks testimony ends; Trump hush money trial concludes for the week |url=https://www.washingtonpost.com/politics/2024/05/03/trump-hush-money-trial-live-updates/#link-YL7SMFJKE5HRXP6T6VRQD3QO6M |access-date=May 3, 2024 |newspaper=The Washington Post |archive-date=May 3, 2024 |archive-url=https://web.archive.org/web/20240503124745/https://www.washingtonpost.com/politics/2024/05/03/trump-hush-money-trial-live-updates/#link-YL7SMFJKE5HRXP6T6VRQD3QO6M |url-status=live }}Decision and Order (in re:) People's Motion for Contempt, https://www.nycourts.gov/LegacyPDFS/press/PDFs/D.O.motion4contempt-FINAL.pdf {{Webarchive|url=https://web.archive.org/web/20240501141605/https://www.nycourts.gov/LegacyPDFS/press/PDFs/D.O.motion4contempt-FINAL.pdf|date=May 1, 2024}}{{Cite news |last1=Barrett |first1=Devlin |last2=Jacobs |first2=Shayna |last3=Stein |first3=Perry |last4=Arnsdorf |first4=Isaac |date=2024-05-01 |title=Trump held in contempt after violating gag order in hush money trial |url=https://www.washingtonpost.com/politics/2024/04/30/trump-hush-money-trial-contempt/ |url-status=live |archive-url=https://web.archive.org/web/20240430232711/https://www.washingtonpost.com/politics/2024/04/30/trump-hush-money-trial-contempt/ |archive-date=April 30, 2024 |access-date=2024-05-01 |newspaper=The Washington Post |language=en-US |issn=0190-8286}} On May 2, a second hearing was held to consider four further violation claims.{{efn|At the May 2, 2024, contempt hearing, Blanche noted that Trump was unable to respond to a quip made by Joe Biden at the White House Correspondents' Association dinner that "Donald has had a few tough days lately. You might call it stormy weather", nor Cohen's tweet that read "Hey [Donald] Von ShitzInPantz...Your attacks on me stink of desperation."{{cite news |last1=Musumeci |first1=Natalie |last2=Italiano |first2=Laura |last3=Shamsian |first3=Jacob |title=Donald 'Von ShitzInPantz' has now formally been entered into the public record at Trump's hush-money trial |url=https://www.businessinsider.com/donald-von-shitzinpantz-has-formally-been-entered-into-the-record-2024-5 |access-date=May 26, 2024 |work=Business Insider |date=May 2, 2024}}{{cite news |last1=Sommerlad |first1=Joe |title=The vulgar court record in Trump's historic criminal trial |url=https://www.the-independent.com/news/world/americas/us-politics/trump-trial-court-record-transcript-judge-contempt-b2543428.html |access-date=May 26, 2024 |work=The Independent |date=May 15, 2024 |language=en}}{{cite news |last=Smith |first=Ryan |title=Laura Ingraham unimpressed at Donald Trump nickname being used |url=https://www.newsweek.com/donald-trump-laura-ingraham-cnn-fox-news-michael-cohen-trial-1896853 |access-date=May 26, 2024 |work=Newsweek |date=May 3, 2024 |language=en}}{{cite news |last1=Ali |first1=Shirin |title=The Degradation of Donald Trump Attorney Todd Blanche Is Already Complete |url=https://slate.com/news-and-politics/2024/05/donald-trump-attorney-todd-blanche-von-shitzinpantz.html |access-date=May 27, 2024 |work=Slate |date=May 2, 2024}} Merchan rebuffed that the gag order did not extend to Biden.}} {{Cite news |last=Jacobs |first=Shayna |date=2024-04-26 |title=David Pecker returns to stand for cross-examination in Trump's hush money trial |url=https://www.washingtonpost.com/politics/2024/04/26/trump-hush-money-trial-live-updates/#link-7IDWQPICDVHDXMDMZSVONYW5MU |url-status=live |archive-url=https://web.archive.org/web/20240427072640/https://www.washingtonpost.com/politics/2024/04/26/trump-hush-money-trial-live-updates/#link-7IDWQPICDVHDXMDMZSVONYW5MU |archive-date=April 27, 2024 |access-date=2024-04-26 |newspaper=The Washington Post |language=en}} On May 6, Trump was found in contempt for one of those four claims (when he on April 22 commented on the jury) and was fined $1,000.{{efn|On May 6, 2024, Judge Merchan wrote: "Defendant violated the Order by making public statements about the jury and how it was selected. In doing so, Defendant not only called into question the integrity, and therefore the legitimacy of these proceedings, but again raised the specter of fear for the safety of the jurors and of their loved ones. Such concerns undoubtedly threaten to "interfere with the fair administration of justice and constitutes a direct attack on the Rule of Law." It remains this Court's fundamental responsibility to protect the decency of the criminal process and to control disruptive influences in the courtroom."{{cite news |last1=BUCHMAN |first1=BRANDI |title='This court will have to consider a jail sanction': Trump hush-money judge threatens lockup |url=https://lawandcrime.com/high-profile/this-court-will-have-to-consider-a-jail-sanction-trump-hush-money-judge-threatens-incarceration-for-repeated-gag-order-violations/ |access-date=5 June 2024 |work=Law & Crime |date=6 May 2024 |language=en}}{{cite news |last1=Seiger |first1=Theresa |title=Trump hush money trial: Judge finds Trump in contempt again, threatens jail time |url=https://www.boston25news.com/news/trending/trump-hush-money-trial-judge-finds-trump-contempt-again-threatens-jail-time/UKN6R7EYFJBK3B43ZSWOVWQI3I/ |access-date=5 June 2024 |work=Boston 25 News |date=6 May 2024 |language=en}}}}
= Witnesses =
== List of all witnesses ==
class="wikitable plainrowheaders"
|+Prosecution witnesses in the prosecution of Donald Trump in New York ! scope="col" |Witness ! scope="col" |Date ! scope="col" |Function |
rowspan="4" scope="row" |David Pecker
|April 22 | rowspan="4" |Publisher of National Enquirer |
---|
April 23 |
April 25 |
April 26 |
rowspan="2" scope="row" |Rhona Graff
|April 26 | rowspan="2" |Donald Trump executive assistant |
April 30 |
scope="row" |Gary Farro
|April 30 |First Republic banker |
scope="row" |Robert Browning
|April 30 |C-SPAN Executive Director for Archives |
scope="row" |Phillip Thompson
|April 30 |Regional Director of Esquire Deposition Solutions |
rowspan="2" scope="row" |Keith Davidson
|April 30 | rowspan="2" |Former attorney for Stormy Daniels |
May 2 |
scope="row" |Douglas Daus
|May 2 |Computer forensics specialist in the Manhattan DA's office |
scope="row" |Hope Hicks
|May 3 |
scope="row" |Jeffrey McConney
|May 6 |Former Trump Organization comptroller |
scope="row" |Deborah Tarasoff
|May 6 |Trump Organization accounting employee |
scope="row" |Sally Franklin
|May 7 |Penguin Books executive |
rowspan="2" scope="row" |Stormy Daniels
|May 7 | rowspan="2" |Hush money recipient |
May 9 |
scope="row" |Rebecca Manochio
|May 9 |Trump Organization bookkeeper |
scope="row" |Tracey Menzies
|May 9 |Senior vice president at HarperCollins |
rowspan="2" scope="row" |Madeleine Westerhout
|May 9 | rowspan="2" |Former Director of Oval Office Operations |
May 10 |
scope="row" |Jennie Tomalin
|May 10 |Verizon senior analyst |
scope="row" |Daniel Dixon
|May 10 |AT&T compliance analyst |
scope="row" |Jaden Jarmel-Schneider
|May 10 |Paralegal in the Manhattan DA's office |
scope="row" |Georgia Longstreet
|May 10 |Paralegal in the Manhattan DA's office |
rowspan="4" scope="row" |Michael Cohen
| May 13 | rowspan="4" |Hush money intermediary |
May 14 |
May 16 |
May 20 |
class="wikitable plainrowheaders"
|+Defense witnesses in the prosecution of Donald Trump in New York ! scope="col" |Date ! scope="col" |Witness ! scope="col" |Function |
scope="row" |Daniel Sitko
|May 20 |Paralegal for defense attorney |
---|
rowspan="2" scope="row" |Robert Costello
|May 20 | rowspan="2" |Associate of Michael Cohen |
May 21 |
== Testimony of key witnesses ==
Prosecutors called former National Enquirer publisher David Pecker to testify on April 22, 23, 25 and 26 as the trial's first witness, taking most of the first week of testimony.{{cite news|url=https://apnews.com/live/trump-trial-updates-opening-statements|title=Trump trial: Highlights from opening statements and first witness testimony|publisher=Associated Press|date=April 22, 2024|access-date=April 22, 2024|archive-date=April 22, 2024|archive-url=https://web.archive.org/web/20240422180227/https://apnews.com/live/trump-trial-updates-opening-statements|url-status=live}} On April 23, Pecker testified that Cohen used to feed him negative stories about Trump's enemies, which Pecker's staff would then "embellish" and show drafts to Cohen to get his feedback before publishing them.{{Cite web |last=Boboltz |first=Sara |date=2024-04-22 |title='An Agreement Among Friends' |url=https://www.huffpost.com/entry/donald-trump-hush-money-trial-live-updates_n_6622a36ae4b0167f7bf4c4a4/liveblog_6627deede4b096c7bac646f1 |access-date=2024-04-23 |website=HuffPost |language=en |archive-date=April 23, 2024 |archive-url=https://web.archive.org/web/20240423234841/https://www.huffpost.com/entry/donald-trump-hush-money-trial-live-updates_n_6622a36ae4b0167f7bf4c4a4/liveblog_6627deede4b096c7bac646f1 |url-status=live }} Pecker also detailed how he offered to deploy the "catch and kill" scheme, stating that he offered in 2015 to suppress negative stories about Trump and flag efforts by women attempting to sell stories about him.{{cite news|url=https://www.washingtonpost.com/politics/2024/04/23/trump-hush-money-trial-live-updates-david-pecker-testimony/|title=Ex-publisher details 'catch and kill' at Trump's hush money trial|newspaper=Washington Post|date=April 23, 2025|access-date=April 23, 2024|archive-date=April 23, 2024|archive-url=https://web.archive.org/web/20240423163150/https://www.washingtonpost.com/politics/2024/04/23/trump-hush-money-trial-live-updates-david-pecker-testimony/|url-status=live}} On April 25, Pecker testified that AMI suppressed negative press about other celebrities, which was emphasized by Trump's team in their cross-examination.{{Cite web |date=2024-04-25 |title=Day 7 of Trump New York hush money trial |url=https://www.cnn.com/politics/live-news/trump-hush-money-trial-04-25-24/index.html |url-status=live |archive-url=https://web.archive.org/web/20240425120219/https://www.cnn.com/politics/live-news/trump-hush-money-trial-04-25-24/index.html |archive-date=April 25, 2024 |access-date=2024-04-26 |website=CNN |language=en}} Additionally, he stated that he did not believe Cohen was working for Trump's campaign.{{Cite news |date=2024-04-25 |title=Ex-National Enquirer publisher testifies about adult-film actress, others at Trump's hush money trial |url=https://www.washingtonpost.com/politics/2024/04/25/trump-hush-money-trial-live-updates-david-pecker-testimony/ |access-date=2024-05-03 |newspaper=The Washington Post |language=en |archive-date=April 26, 2024 |archive-url=https://web.archive.org/web/20240426194946/https://www.washingtonpost.com/politics/2024/04/25/trump-hush-money-trial-live-updates-david-pecker-testimony/ |url-status=live }} Pecker discussed his relationship with Trump prior to the 2016 campaign, during which he suppressed other negative stories about him.{{Cite news |last=Rohrlich |first=Justin |date=2024-04-25 |title=Pecker: Trump Asked About Playboy Playmate During White House Visit |url=https://www.thedailybeast.com/david-pecker-details-plot-to-kill-playboy-playmate-story-for-trump |access-date=2024-04-27 |work=The Daily Beast |language=en |archive-date=April 27, 2024 |archive-url=https://web.archive.org/web/20240427105755/https://www.thedailybeast.com/david-pecker-details-plot-to-kill-playboy-playmate-story-for-trump |url-status=live }} Pecker said his decision not to facilitate payment to Daniels (because she was a porn star) led to it being done by Cohen. Pecker testified he acted at Trump's behest and intended to help him win the presidency, despite his own doubts regarding campaign-finance laws.{{Cite web |last=Breuninger |first=Kevin |date=2024-05-03 |title=Trump trial: Former top aide Hope Hicks cries as cross-examination begins |url=https://www.cnbc.com/2024/05/03/trump-trial-resumes-after-infamous-cohen-phone-call-tape-is-played-for-jury-.html |access-date=2024-05-05 |website=CNBC |language=en |archive-date=May 5, 2024 |archive-url=https://web.archive.org/web/20240505014452/https://www.cnbc.com/2024/05/03/trump-trial-resumes-after-infamous-cohen-phone-call-tape-is-played-for-jury-.html |url-status=live }}
Keith Davidson, a former attorney for Stormy Daniels and Karen McDougal, appeared on April 30 and May 2. He testified that the Access Hollywood tape helped influence Daniels to go forward with her story.{{Cite web |last=Rubin |first=Jordan |date=2024-05-01 |title='Access Hollywood' tape stars in Trump's hush money trial, even if it isn't played |url=https://www.msnbc.com/deadline-white-house/deadline-legal-blog/trump-trial-access-hollywood-tape-rcna150210 |access-date=2024-05-03 |website=MSNBC.com |language=en |archive-date=May 2, 2024 |archive-url=https://web.archive.org/web/20240502183712/https://www.msnbc.com/deadline-white-house/deadline-legal-blog/trump-trial-access-hollywood-tape-rcna150210 |url-status=live }} According to Davidson's testimony, he drafted the $130,000 hush-money agreement.{{cite news |last=Rothfield |first=Michael |date=April 30, 2024 |title=Keith Davidson, Who Represented Women From Trump's Past, Testifies at Trial |url=https://www.nytimes.com/2024/04/30/nyregion/who-is-keith-davidson-trump-trial.html |url-status=live |archive-url=https://web.archive.org/web/20240430175433/https://www.nytimes.com/2024/04/30/nyregion/who-is-keith-davidson-trump-trial.html |archive-date=April 30, 2024 |access-date=April 30, 2024 |work=The New York Times |publisher=}} Davidson testified that he believed Trump was behind the hush-money talks.{{cite news|url=https://www.nytimes.com/live/2024/04/30/nyregion/trump-hush-money-trial|title=Lawyer for Stormy Daniels Says He Believed Trump Was Behind Hush-Money Talks|work=The New York Times|date=April 30, 2024|access-date=May 1, 2024|archive-date=April 30, 2024|archive-url=https://web.archive.org/web/20240430210655/https://www.nytimes.com/live/2024/04/30/nyregion/trump-hush-money-trial|url-status=live}} However, he also acknowledged how Cohen wired the transfer and that he also had conversations with Howard as well as Daniels' manager Gina Rodriguez regarding the deal.{{cite news |last1=Scannell |first1=Kara |last2=Del Valle |first2=Lauren |last3=Herb |first3=Jeremy |last4=Collins |first4=Kaitlan |date=April 30, 2024 |title=Ex-attorney for Daniels and McDougal testifies in Trump trial |url=https://www.cnn.com/politics/live-news/trump-hush-money-trial-04-30-24/index.html |url-status=live |archive-url=https://web.archive.org/web/20240501015217/https://www.cnn.com/politics/live-news/trump-hush-money-trial-04-30-24/index.html |archive-date=May 1, 2024 |access-date=May 1, 2024 |publisher=CNN}} File:Hope Hicks November 2017.jpg, pictured in 2017, testified for one full day.]]
On May 3, former White House communications director Hope Hicks testified. She said a Wall Street Journal reporter asked her for comment on the alleged Trump–McDougal affair, which is how she learned that AMI had paid to catch and kill the story.{{Cite web |last=Shuham |first=Matt |date=2024-05-03 |title=Hope Hicks Describes Learning About Karen McDougal Affair Story Bought By AMI |url=https://www.huffpost.com/entry/donald-trump-hush-money-trial-week-3-live-updates_n_662c149be4b0ab66ede49d55/liveblog_6635152ee4b0fc2b9529637b |access-date=2024-05-03 |website=HuffPost |language=en |archive-date=May 4, 2024 |archive-url=https://web.archive.org/web/20240504231642/https://www.huffpost.com/entry/donald-trump-hush-money-trial-week-3-live-updates_n_662c149be4b0ab66ede49d55/liveblog_6635152ee4b0fc2b9529637b |url-status=live }} She stated that she drafted a statement to respond to The Wall Street Journal, with Cohen offering feedback, but Trump overrode them by telling Hicks to say that McDougal's allegations were "totally untrue".{{cite news |last1=Katersky |first1=Aaron |last2=Charalambous |first2=Peter |last3=Rubin |first3=Olivia |last4=Bruggeman |first4=Lucien |last5=Reinstein |first5=Julia |date=2024-05-03 |title=Trump trial live updates: Hope Hicks breaks down on the stand |url=https://www.yahoo.com/news/trump-trial-live-updates-day-113600375.html |url-status=live |access-date=2024-05-04 |work=ABC News |language=en |via=Yahoo! News |archive-date=May 3, 2024 |archive-url=https://web.archive.org/web/20240503121101/https://www.yahoo.com/news/trump-trial-live-updates-day-113600375.html }}{{Cite web |last1=Kates |first1=Graham |last2=Rinaldi |first2=Olivia |last3=Kaufman |first3=Katrina |date=2024-05-03 |title=Hope Hicks testifies at Trump trial about fallout from 'hush money' payments |url=https://www.cbsnews.com/news/trump-trial-new-york-witness-testimony-week-3/ |access-date=2024-05-05 |website=CBS News |language=en-US |archive-date=May 4, 2024 |archive-url=https://web.archive.org/web/20240504235458/https://www.cbsnews.com/news/trump-trial-new-york-witness-testimony-week-3/ |url-status=live }} Hicks stated that Trump sought to hide news of both scandals from Melania,{{cite news |date=2024-05-03 |title=Trump tried to hide news of alleged affair from wife, former aide testifies |url=https://www.telegraph.co.uk/us/politics/2024/05/03/donald-trump-hush-money-trial-latest-update-live/ |access-date=2024-05-03 |newspaper=The Telegraph |language=en |archive-date=May 3, 2024 |archive-url=https://web.archive.org/web/20240503151209/https://www.telegraph.co.uk/us/politics/2024/05/03/donald-trump-hush-money-trial-latest-update-live/ |url-status=live }}{{Cite web |last1=Queen |first1=Jack |last2=Pierson |first2=Brendan |last3=Sullivan |first3=Andy |date=May 3, 2024 |title=Former Trump aide Hope Hicks testifies he told her to deny Stormy Daniels affair |url=https://www.reuters.com/world/us/trump-trial-hears-michael-cohen-was-despondent-he-was-denied-government-post-2024-05-03/ |access-date=2024-05-03 |website=Reuters}} and after the story of the payment to Daniels broke in early 2018, Trump told her that Cohen had voluntarily decided to pay Daniels to protect him; Hicks opined that this seemed out of character for Cohen. According to Hicks, the Access Hollywood tape roiled the Trump campaign. Though Trump tried to minimize its significance,{{Cite web |last=Shuham |first=Matt |date=2024-04-30 |title=Trump Thought 'Access Hollywood' Dialogue Was 'Pretty Standard Stuff,' Hope Hicks Recalls |url=https://www.huffpost.com/entry/donald-trump-hush-money-trial-week-3-live-updates_n_662c149be4b0ab66ede49d55/liveblog_66350eede4b00b1eab53395c |access-date=2024-05-03 |website=HuffPost |language=en |archive-date=May 4, 2024 |archive-url=https://web.archive.org/web/20240504232412/https://www.huffpost.com/entry/donald-trump-hush-money-trial-week-3-live-updates_n_662c149be4b0ab66ede49d55/liveblog_66350eede4b00b1eab53395c |url-status=live }} the campaign felt the tape was a "crisis".{{Cite web |last=Shuham |first=Matt |date=2024-04-30 |title='This Was A Crisis,' Hope Hicks Says Of 'Access Hollywood' Tape |url=https://www.huffpost.com/entry/donald-trump-hush-money-trial-week-3-live-updates_n_662c149be4b0ab66ede49d55/liveblog_66350e1de4b05f96b0184275 |access-date=2024-05-03 |website=HuffPost |language=en}}
Stormy Daniels testified for five hours on May 7,{{cite news |author=Protess |first1=Ben |last2=Bromwich |first2=Jonah E. |last3=Haberman |first3=Maggie |last4=Rothfeld |first4=Michael |last5=Swan |first5=Jonathan |date=May 7, 2024 |title=Stormy Daniels Tells a Story of Sex With Trump as He Listens in Disgust |url=https://www.nytimes.com/2024/05/07/nyregion/trump-trial-stormy-daniels-testimony.html |newspaper=The New York Times}} and for the earlier part of May 9.{{cite news |last1=Bagchi |first1=Aysha |last2=Crowley |first2=Kinsey |last3=Jansen |first3=Bart |date=May 9, 2024 |title=Trump trial live updates: Stormy Daniels testimony concludes, Trump moves for mistrial |url=https://www.usatoday.com/story/news/politics/2024/05/09/donald-trump-trial-news-hush-money-case-live-updates/73621342007/ |access-date=May 9, 2024 |work=USA Today}} She said she met Trump at a celebrity golf tournament near Lake Tahoe, Nevada, in 2006 and detailed a sexual encounter with Trump in his hotel suite after he invited her to dinner.{{cite news |date=May 7, 2024 |title=Stormy Daniels Describes Sexual Encounter With Trump and Is Grilled by His Lawyer |url=https://www.nytimes.com/live/2024/05/07/nyregion/trump-trial-hush-money-stormy-daniels |access-date=May 7, 2024 |work=The New York Times}} She said she felt like she blacked out during the encounter and was traumatized by the experience. Daniels said Trump offered to make her a contestant on The Apprentice; she stated that he continued alluding to the idea for a time in subsequent phone conversations, in which he referred to her as "honey bunch" and asked when they could meet again.{{cite news |date=May 7, 2024 |title=Trump hush money trial live updates: Stormy Daniels takes the stand |url=https://apnews.com/trump-trial-updates-day-13 |access-date=May 7, 2024 |publisher=Associated Press}} In accepting the hush money, Daniels stated that she was not motivated by money (although this appeared to be contradicted by a text message between her and her manager Gina Rodriguez which suggested she was willing to accept the payment). She stated that she had no part in the hush-money negotiations. During Daniels' testimony, Merchan sustained many defense objections. He repeatedly admonished Daniels for giving answers that went beyond the scope of the question asked, and at one point, interrupting, Daniels' testimony, stopping her from describing the sexual position she and Trump used. Merchan set confines for Daniels' later testimony and directed the prosecution to encourage her to give shorter answers. Afterward, Daniels gave shorter answers and hewed closer to the question asked. In its cross-examination, the defense questioned Daniels about her account of being traumatized by her encounter with Trump, suggesting that her pornographic career would have made the event unsurprising. Daniels explained that the first time she realized the meeting was intended to be sexual was upon coming out of the bathroom inside Trump's hotel, finding him stripped to his boxers; she elaborated that she was "not expecting [this from] a man twice [her] age".{{Cite magazine |last=Gioino |first=Catherina |date=2024-05-11 |title=Team Trump's Cross-Examination of Stormy Daniels Was Gross |url=https://www.rollingstone.com/politics/politics-news/team-trump-cross-examination-stormy-daniels-1235019070/ |access-date=2024-05-13 |magazine=Rolling Stone |language=en-US}}File:Michael Cohen in 2019.png, pictured in 2019, testified over four days.]]
On May 13, Michael Cohen, Trump's former "fixer" and attorney (who is considered the case's star witness), began testifying.{{cite news |date=May 13, 2024 |title=Live Updates: Michael Cohen, Trump's Ex-Fixer and Nemesis, Takes Stand at Hush-Money Trial |url=https://www.nytimes.com/live/2024/05/13/nyregion/trump-trial-michael-cohen |access-date=May 13, 2024 |work=The New York Times}} He would give 17 hours of testimony over four days.{{Cite web |date=2024-05-20 |title=Key takeaways from Donald Trump's hush money trial as the prosecution rests its case |url=https://edition.cnn.com/politics/live-news/trump-hush-money-trial-05-20-24#h_6cf64694588b5d9441cb0f5719eb2aae |access-date=2024-05-21 |website=CNN |language=en}} On May 13, Cohen acknowledged that he, Trump and David Pecker conspired to suppress negative stories and promote positive stories about Trump during the 2016 election. He said his work in this matter "was at the direction of and benefit of Mr. Trump", stating that "Everything required Mr. Trump's sign-off."{{Cite news |agency=Associated Press |date=2024-05-13 |title=Michael Cohen Directly Implicates Trump in Testimony |url=https://time.com/6977665/michael-cohen-directly-implicates-trump-hush-money-trial/ |access-date=2024-05-24 |magazine=Time |language=en |archive-date=May 24, 2024 |archive-url=https://web.archive.org/web/20240524044348/https://time.com/6977665/michael-cohen-directly-implicates-trump-hush-money-trial/ |url-status=dead }} He further noted that after Pecker refused to pay for the Daniels story, he took over as funder of "catch-and-kill operations". Cohen said the release of the Access Hollywood tape was viewed as a campaign liability and that Trump afterwards directed him to pay Daniels to avoid "catastrophic" damage. After Trump's 2016 election victory, Weisselberg and Cohen discussed the reimbursement plan in Trump's 26th-floor office, and Weisselberg coordinated the repayments to Cohen. A bank statement was presented, which showed the doubling of the $180,000 reimbursement—$130,000 for Daniels plus $50,000 for money Trump owed Cohen for paying tech company Red Finch—so that Cohen would receive the full amount after paying 50% in taxes, plus a $60,000 year-end bonus, totaling $420,000. Cohen said it occurred to him that Weisselberg and Trump had planned this reimbursement scheme in advance and that Weisselberg had said in Trump's presence that the monthly payments would function in the guise of a retainer agreement.{{Cite web |last=Italiano |first=Laura |date=May 19, 2024 |title=Trump's hush money verdict hinges on a single piece of paper. See the most important evidence in the case. |url=https://www.businessinsider.com/donald-trump-hush-money-trial-case-evidence-michael-cohen-payment-2024-5 |access-date=2024-05-20 |website=Business Insider |language=en-US}}{{cite news |date=May 6, 2024 |title=Former Employee Says Trump Used Personal Account to Repay Hush Money |url=https://www.nytimes.com/live/2024/05/06/nyregion/trump-trial-hush-money |access-date=May 6, 2024 |work=The New York Times}} Cohen testified that he aspired to be a personal lawyer to the president but that Trump, instead of granting him this role, significantly cut his 2016 bonus. Cohen said his relationship with Trump was falling apart at this time. He said his work for Trump boosted his personal career, including by securing more prominent clients. Cohen also testified that he decided to stop lying for Trump following a meeting he had with his family shortly before his 2018 guilty plea.{{cite news |last=Stableford |first=Dylan |date=May 14, 2024 |title=Trump trial updates: Michael Cohen faces cross-examination on second day of testimony |url=https://www.yahoo.com/news/live/trump-trial-updates-michael-cohen-faces-cross-examination-on-second-day-of-testimony-134850537.html |access-date=May 14, 2024}}
Before the day concluded, Cohen began defense cross-examination. On May 16, a Trump lawyer accused Cohen of lying that on October 26, 2016, he was on the phone with Trump's personal bodyguard, Keith Schiller, and had him hand the phone to Trump, who then approved the hush-money deal. The defense cited phone records as showing that a series of prank calls to Cohen had prompted him to contact Schiller for a call lasting one minute and 36 seconds, which Cohen defended as enough time to handle both matters.{{Cite news |last=Pagliery |first=Jose |date=2024-05-17 |title='That Was a Lie!': Trump Lawyer Brawls With Michael Cohen |url=https://www.thedailybeast.com/that-was-a-lie-trump-lawyer-todd-blanche-brawls-with-michael-cohen |access-date=2024-05-20 |work=The Daily Beast |language=en}} On May 20, during cross-examination, Cohen confirmed that around October 26, 2016, he helped Tiffany Trump regarding an extortion issue she faced.{{Cite web |date=2024-05-20 |title=Cohen acknowledges he worked with David Pecker in October 2016 |url=https://edition.cnn.com/politics/live-news/trump-hush-money-trial-05-20-24#h_70cbaa995c0230d6cbff7d0c817d6c42 |access-date=2024-05-20 |website=CNN |language=en}} Cohen made two brief calls to Donald Trump on the morning of October 26,{{Cite web |date=2024-05-20 |title=Cohen made 2 calls to Trump on October 26 |url=https://edition.cnn.com/politics/live-news/trump-hush-money-trial-05-20-24#h_498ec1cbae0494d245ec6749af748776 |access-date=2024-05-20 |website=CNN |language=en}} which he said were about Daniels.{{Cite web |date=2024-05-20 |title=Cohen maintains he only spoke to Trump on the phone about Stormy Daniels on October 26: "It was important" |url=https://edition.cnn.com/politics/live-news/trump-hush-money-trial-05-20-24#h_c4fa2e16aa57be29fff346a1bc178a25 |access-date=2024-05-20 |website=CNN |language=en}} Cohen confirmed that he lied to Weisselberg about how much he had paid Red Finch, and that his false reimbursement request amounted to theft from the organization.{{Cite web |date=2024-05-20 |title=Trump watching Cohen as defense presses Cohen about stealing from Trump Org. |url=https://edition.cnn.com/politics/live-news/trump-hush-money-trial-05-20-24#h_ed56b88538610ace4b9c062f2a0fea80 |access-date=2024-05-20 |website=CNN |language=en}}{{Cite web |date=2024-05-20 |title=Evidence that Cohen stole from Trump Org. a "bomb dropped in the middle of the prosecution's case" |url=https://edition.cnn.com/politics/live-news/trump-hush-money-trial-05-20-24#h_8e4ae59d3c0449d325cd45ebd043a8b4 |access-date=2024-05-20 |website=CNN |language=en}}{{Cite web |date=2024-05-20 |title=Live updates: Michael Cohen testifies in Donald Trump's hush money trial |url=https://www.cnn.com/politics/live-news/trump-hush-money-trial-05-20-24/index.html |access-date=2024-05-20 |website=CNN |language=en}}{{Cite web |date=2024-05-20 |title=The key points from Michael Cohen's testimony this morning |url=https://edition.cnn.com/politics/live-news/trump-hush-money-trial-05-20-24#h_0cafa2aa82a9ce7b24a3d23aa450bb51 |access-date=2024-05-20 |website=CNN |language=en}} He said he lied in 2018 when he said that Trump had been unaware of the Daniels payment.{{Cite web |date=2024-05-20 |title=Blanche turns to when the Stormy Daniels payment became public |url=https://edition.cnn.com/politics/live-news/trump-hush-money-trial-05-20-24#h_9ce12b465f93e151c229ff2c43e9f95d |access-date=2024-05-20 |website=CNN |language=en}} He said he had no income between his 2018 guilty plea{{cite news |last1=Higgins |first1=Tucker |last2=Breuninger |first2=Kevin |date=August 21, 2018 |title=Trump's former lawyer Michael Cohen pleads guilty, admits to making illegal payments at direction of candidate to influence election |url=https://www.cnbc.com/2018/08/21/trumps-ex-lawyer-michael-cohen-strikes-plea-deal-nbc-news.html |url-status=live |archive-url=https://web.archive.org/web/20180821211608/https://www.cnbc.com/2018/08/21/trumps-ex-lawyer-michael-cohen-strikes-plea-deal-nbc-news.html |archive-date=August 21, 2018 |access-date=August 21, 2018 |publisher=CNBC}} and the publication of his 2020 memoir,{{Cite web |date=2024-05-20 |title=Cohen confirms he stopped making money after pleading guilty in 2018 |url=https://edition.cnn.com/politics/live-news/trump-hush-money-trial-05-20-24#h_88e29a0be22642cc0f7fe2f879e7fffa |access-date=2024-05-20 |website=CNN |language=en}} but that since then he had earned $4.4 million from podcasts and books.{{Cite web |date=2024-05-20 |title=Cohen says he's made about $4.4 million from podcasts and books since 2020 |url=https://edition.cnn.com/politics/live-news/trump-hush-money-trial-05-20-24#h_cc903e9ac4fd02271c76c082ccd1e36d |access-date=2024-05-20 |website=CNN |language=en}} Asked whether he has a "financial interest in the outcome of this case", Cohen said he expected to make more money if Trump was found not guilty, since "it gives me more to talk about".{{Cite web |date=2024-05-20 |title=Trump looks intently at witness stand as Cohen says he has financial interest in outcome of the case |url=https://edition.cnn.com/politics/live-news/trump-hush-money-trial-05-20-24#h_cd12357a0b6c4496c80e339ef7750962 |access-date=2024-05-20 |website=CNN |language=en}}{{Cite web |date=2024-05-20 |title=Cohen says "it's better" if Trump is not found guilty because it would give him more to talk about |url=https://edition.cnn.com/politics/live-news/trump-hush-money-trial-05-20-24#h_5c22f3030375e3f8de56ff390f45a18d |access-date=2024-05-20 |website=CNN |language=en}} He acknowledged that his name recognition comes from his frequent criticism of Trump and that he was even interested in running for Congress. Defense cross-examination of Cohen concluded on May 20.{{Cite web |date=2024-05-20 |title=Cohen is asked about his conversations with Weisselberg about retainer agreement |url=https://www.cnn.com/politics/live-news/trump-hush-money-trial-05-20-24/h_386f81d4eb37d2ef992b67cb25cfa567 |access-date=2024-05-25 |website=CNN |language=en}}
The defense began its case on May 20, 2024, and rested its case on May 21 after calling two witnesses.{{cite web |last1=Lee |first1=Ella |last2=Schonfeld |first2=Zach |title=Trump opts not to testify in hush money trial as defense rests |url=https://thehill.com/regulation/court-battles/4674766-trump-defense-rests-hush-money-trial/ |work=The Hill |access-date=May 21, 2024 |date=May 21, 2024}} Trump did not testify.{{Cite web |last=Berman |first=Dan |date=2024-06-01 |title=Recapping the Trump hush money charges, trial, verdict and questions |url=https://www.cnn.com/2024/06/01/politics/recap-trump-hush-money-trial/index.html |access-date=2024-06-01 |website=CNN |language=en}}{{cite news|url=https://www.npr.org/2024/05/21/1252665767/trumps-trials-hush-money|title=Trump won't testify in his New York hush money trial|first=Ximena|last=Bustillo|publisher=NPR|date=May 21, 2024|access-date=May 21, 2024}} On May 20, Robert Costello testified.{{cite news |last1=Jacobs |first1=Shayna |last2=Berman |first2=Mark |last3=Alemany |first3=Jacqueline |last4=Dawsey |first4=Josh |date=March 30, 2023 |title=Trump indicted by N.Y. grand jury, first ex-president charged with crime |url=https://www.washingtonpost.com/national-security/2023/03/30/trump-ny-indictment/ |url-status=live |archive-url=https://archive.today/20230330214106/https://www.washingtonpost.com/national-security/2023/03/30/trump-ny-indictment/ |archive-date=March 30, 2023 |access-date=March 30, 2023 |newspaper=The Washington Post}} Merchan admonished the witness for making comments on the stand objecting to rulings, staring at the judge, and rolling his eyes.{{Cite web |date=2024-05-20 |title=Judge in Trump's hush money trial threatened to remove witness from court for behavior on stand |url=https://apnews.com/article/trump-trial-hush-money-michael-cohen-363a86879b97d2367831b1392f42689d |access-date=2024-05-21 |website=AP News |language=en}} On May 21, Costello was cross-examined by the prosecution. In a May 2018 email to Citron, Costello said it was a goal to get Cohen "on the right page without giving him the appearance that we are following instructions from Giuliani or the president" and said he believed it was "the clear and correct strategy".{{Cite news |last=Pagliery |first=Jose |date=2024-05-21 |title=MAGA Lawyer Gets Dismantled by His Own Damning Trump Emails |url=https://www.thedailybeast.com/maga-lawyer-robert-costello-gets-dismantled-by-his-own-damning-trump-emails |access-date=2024-05-22 |work=The Daily Beast |language=en}} When asked if "the email speaks for itself" as he had asserted the day before, Costello said "Sometimes." The defense rested its case thereafter.{{cite news|url=https://www.nbcnews.com/politics/donald-trump/live-blog/trump-trial-live-updates-rcna153195|title=Trump trial live updates: Defense rests in New York hush money case|publisher=NBC News|date=May 21, 2024|access-date=May 21, 2024}}
= Closing proceedings and verdict =
On May 28, the defense gave a three-hour closing argument including breaks.{{Cite web |date=2024-05-28 |title=See courtroom sketches from the defense's closing argument in Trump's trial |url=https://edition.cnn.com/politics/live-news/trump-hush-money-trial-05-28-24#h_aaa83b5cb1a9b7ca8fbac5ed733f28ac |access-date=2024-05-28 |website=CNN |language=en}} Trump lawyer Todd Blanche claimed Trump had nothing to do with checks which were written by Trump's sons, Donald Trump Jr. and Eric Trump.{{cite news|url=https://www.cnn.com/politics/live-news/trump-hush-money-trial-05-28-24/index.html|title=Closing arguments wrap in Trump hush money trial|first1=Kara|last1=Scannell|first2=Lauren|last2=Del Valle|first3=Jeremy|last3=Herb|publisher=CNN|date=May 28, 2024|access-date=May 28, 2024}} Blanche questioned why prosecutors did not call Donald Jr. and Eric as witnesses despite their signing payment checks to Cohen. Blanche also showed an email revealing that McConnery sought approval from both Donald Jr. and Eric. Blanche alleged that it was Cohen's decision to make the hush-money payment and variously branded him a prolific liar. Blanche sought to discredit Daniels' ambitions, noting (among other things) text messages between her manager and publicist Gina Rodriguez and Dylan Howard which showed that Howard believed Pecker would pay for her story shortly after the Access Hollywood tape was released. Merchan admonished Blanche for telling the jury: "You cannot send someone to prison, you cannot convict somebody, based upon the words of Michael Cohen." Merchan said this type of comment is "highly inappropriate" and "not allowed",{{Cite web |date=2024-05-28 |title=Judge calls defense attorney's comment on sending Trump to prison 'outrageous' |url=https://edition.cnn.com/politics/live-news/trump-hush-money-trial-05-28-24#h_a4f07ac368fa84106c06744791f49d1a |access-date=2024-05-28 |website=CNN |language=en}} as the jury is instructed not to consider how Merchan might sentence Trump.{{Cite news |last=Barrett |first=Devlin |date=2024-05-28 |title=Live updates: Prosecutors in Trump hush money trial allege 'subversion of democracy' |url=https://www.washingtonpost.com/politics/2024/05/28/trump-hush-money-trial-live-updates-closing-arguments/#link-VUIWQ3D4IVBTZHZ7RXYS2GBU6I |access-date=2024-05-28 |newspaper=The Washington Post |language=en}}{{Cite web |last1=Herb |first1=Jeremy |last2=del Valle |first2=Lauren |last3=Scannell |first3=Kara |date=2024-05-29 |title=Takeaways from closing arguments in the Donald Trump hush money trial |url=https://www.cnn.com/2024/05/28/politics/trump-hush-money-closing-arguments-takeaways/index.html |access-date=2024-05-29 |website=CNN |language=en}}{{Cite web |date=2024-05-30 |title=These are the jury instructions the judge delivered yesterday — and partly re-read in court today |url=https://edition.cnn.com/politics/live-news/trump-hush-money-trial-05-30-24#h_d0ac367050a5bfd23a604f5e3045ce28 |access-date=2024-05-30 |website=CNN |language=en}}
The same day, the prosecution gave a four-hour and 41 minute closing argument including breaks. Prosecutor Joshua Steinglass described Pecker's testimony as "utterly damning". Steinglass noted that some key parts of Daniels' story were proven true and noted that the defense appeared to acknowledge that Trump knew about the Daniels payment as early as 2017. Steinglass stated that it made sense that Cohen was interested in the outcome of the case, noting that Trump dropped him "like a hot potato" when their relationship soured.{{Cite news |last1=Bekiempis |first1=Victoria |last2=Clayton |first2=Abené |last3=Chao-Fong |first3=Léonie |date=2024-05-29 |title=Prosecution concludes closing argument with plea to find Trump guilty in hush-money trial – as it happened |url=https://www.theguardian.com/us-news/live/2024/may/28/trump-hush-money-trial-closing-arguments-updates |access-date=2024-05-29 |work=The Guardian |language=en-GB |issn=0261-3077}} Steinglass went over phone conversations between Trump and Cohen regarding the hush-money payment and showed a December 2017 check to Cohen signed via Sharpie by Donald Trump, arguing that the latter must have known the purpose of such checks, as his "entire business philosophy was and is to be involved in everything".{{Cite web |agency=Associated Press |date=2024-05-28 |title=Live updates: Closing arguments in Trump's hush money trial |url=https://www.pbs.org/newshour/politics/live-updates-closing-arguments-in-trumps-hush-money-trial |access-date=2024-05-29 |website=PBS NewsHour |language=en-us}} Steinglass further stated that the payment was made to "hoodwink the American voter".{{cite news|url=https://www.reuters.com/legal/jury-trump-hush-money-trial-hear-closing-arguments-before-deliberations-2024-05-28/|title=Trump sought to 'hoodwink' voters with porn star payment, prosecutor tells jury|first1=Jack|last1=Queen|first2=Luc|last2=Cohen|first3=Andy|last3=Sullivan|publisher=Reuters|date=May 28, 2024|access-date=May 29, 2024}}
At the end of closing arguments, Merchan said that jury instructions would be read on May 29 and were expected to last an hour. On May 29, the jury began deliberations.{{Cite web |last1=Scannell |first1=Kara |last2=del Valle |first2=Lauren |last3=Herb |first3=Jeremy |date=2024-05-29 |title=Jury begins deliberations in New York hush money trial against Trump |url=https://edition.cnn.com/politics/live-news/trump-hush-money-trial-05-29-24#h_899bae23b1b6fb3cc2af41db4e912584 |access-date=2024-05-29 |website=CNN |language=en}} On May 30 at 5:07 pm EDT, Trump was found guilty on all 34 counts,{{Cite web |last=Lavender |first=Paige |date=2024-05-30 |title=See The Verdict Sheet |url=https://www.huffpost.com/entry/trump-trial-live-updates_n_66548b01e4b0f5ad559787e0/liveblog_665909a5e4b0db5a29bc8a0a |access-date=2024-05-31 |website=HuffPost |language=en}} making him the first former U.S. president to be convicted of a felony.{{Cite web |last1=Sisak |first1=Michael R. |last2=Peltz |first2=Jennifer |last3=Tucker |first3=Eric |last4=Michelle L. |first4=Price |date=2024-05-30 |title=Guilty: Trump becomes first former U.S. president convicted of felony crimes |url=https://apnews.com/article/trump-trial-deliberations-jury-testimony-verdict-85558c6d08efb434d05b694364470aa0 |access-date=2024-05-30 |website=AP News |language=en}}
Post-trial proceedings
= Prohibitory consequences =
Trump had turned over two of the three pistols he was licensed for to the New York Police Department (NYPD) on March 31, 2023, with a third pistol moved to Florida.{{cite news |last1=Miller |first1=John |date=11 June 2024 |title=Meanwhile, Trump said during pre-sentencing interview he had a gun in Florida, weeks after his conviction |url=https://www.cnn.com/politics/live-news/hunter-biden-trial-06-11-24#h_ed73f86a48c5d6e99e9d7c1590d9d2cf |access-date=13 June 2024 |work=CNN |language=en}} Trump's New York State concealed carry license was suspended on April 1, 2023, following his indictment on criminal charges.{{cite news |last1=Miller |first1=John |date=5 June 2024 |title=NYPD preparing to revoke Donald Trump's license to carry a gun after felony conviction in New York |url=https://www.cnn.com/2024/06/05/politics/trump-gun-nypd-revoke/index.html |access-date=6 June 2024 |work=CNN |language=en}} New York state law and federal law prohibit people with felony convictions from possessing firearms, and federal law even prohibits people under indictment or information for a felony (but not convicted) from possessing firearms, a violation of which can result in up to 15 years imprisonment, or life imprisonment if one is subject to the enhanced penalties imposed by the Armed Career Criminal Act.{{cite web |title=Identify Prohibited Persons | Bureau of Alcohol, Tobacco, Firearms and Explosives |url=https://www.atf.gov/firearms/identify-prohibited-persons#:~:text=The%20GCA%20at%2018%20U.S.C.,or%20receive%20firearms%20or%20ammunition. |access-date=27 July 2024}} {{cite news |last1=Dienst |first1=Jonathan |last2=Winter |first2=Tom |last3=Lebowitz |first3=Megan |date=5 June 2024 |title=Trump's gun license expected to be revoked after conviction in hush money trial |url=https://www.nbcnews.com/politics/donald-trump/trumps-gun-license-expected-revoked-conviction-hush-money-trial-rcna155740 |access-date=6 June 2024 |work=NBC News |language=en}} As of June 5, 2024, Trump's New York firearm license was expected to be revoked after the NYPD's legal bureau completes its investigation.{{cite news |last1=Miller |first1=John |date=5 June 2024 |title=NYPD preparing to revoke Donald Trump's license to carry a gun after felony conviction in New York |url=https://www.cnn.com/2024/06/05/politics/trump-gun-nypd-revoke/index.html |access-date=6 June 2024 |work=CNN |language=en}} As of June 10, Trump was reportedly still in possession of the third firearm in Florida.{{cite news |last1=Liu |first1=Nicholas |date=12 June 2024 |title=Donald Trump admits he still has a gun, despite felony convictions |url=https://www.salon.com/2024/06/12/donald-admits-he-still-has-a-gun-despite-felony-convictions/ |access-date=13 June 2024 |work=Salon |language=en}}{{cite magazine |last1=Rashid |first1=Hafiz |date=June 12, 2024 |title=Did Trump Just Accidentally Admit to Another Felony? |url=https://newrepublic.com/post/182623/did-trump-admit-another-felony-probabation-interview |access-date=13 June 2024 |magazine=The New Republic}}
On June 10, 2024, Trump and his lawyer Todd Blanche attended his probation interview via videoconference.{{Cite web |last1=Price |first1=Michelle |last2=Sisak |first2=Michael |date=2024-06-10 |title=Donald Trump Completes Presentencing Interview After Less Than 30 Minutes |url=https://www.huffpost.com/entry/donald-trump-presentencing-interview_n_66677824e4b019027bc75272 |access-date=2024-06-10 |website=HuffPost |language=en}}{{efn|Trump will be attending the probation interview remotely (on a special virtual network with added security measures) at Mar-a-Lago with his attorney, Blanche, present.{{cite news |last1=Reiss |first1=Adam |last2=Jarrett |first2=Laura |last3=Concepcion |first3=Summer |title=Trump probation interview set for Monday after hush money conviction |url=https://www.nbcnews.com/politics/donald-trump/trump-probation-interview-monday-hush-money-conviction-rcna156219 |access-date=9 June 2024 |work=NBC News |date=9 June 2024 |language=en}} Probation interviews are normally conducted in person, but experts said that Trump's visit to the Manhattan Criminal Courts Building probation office would be "very disruptive". It is also unusual to have an attorney present at the interview, and this was criticized by the city's public defenders as "special treatment."{{cite news |last1=Yang |first1=Maya |title=New York probation officers interview Trump before his criminal sentencing |url=https://www.theguardian.com/us-news/article/2024/jun/10/trump-probation-officials-interview-hush-money-trial |access-date=11 June 2024 |work=The Guardian |date=10 June 2024}}{{cite news |last1=Italiano |first1=Laura |title=Defense lawyers say Trump got special treatment from NYC probation and are crying foul |url=https://www.businessinsider.com/trump-special-pre-sentence-treatment-from-nyc-defense-lawyers-say-2024-6 |access-date=11 June 2024 |work=Business Insider}}{{cite news |last1=Marcius |first1=Chelsia Rose |last2=Haberman |first2=Maggie |last3=Rashbaum |first3=William K. |title=Trump Will Have Virtual Interview With Probation Official on Monday |url=https://www.nytimes.com/2024/06/09/nyregion/trump-probation-officer-hush-money-verdict.html |access-date=10 June 2024 |work=The New York Times |date=9 June 2024}} Following the interview with the probation office, which may include a social worker or psychologist, a presentence investigation report will be submitted to the court.}} If placed on probation, Trump cannot associate with other convicted felons.{{cite news |last1=McAfee |first1=David |date=June 9, 2024 |title='His alternative is prison': Ex-prosecutor shows which probation hurdle Trump could fail – Raw Story |url=https://www.rawstory.com/trump-probation-hurdle-interacting-felons/ |access-date=9 June 2024 |work=Raw Story |language=en}}
On June 28, 2024, the New Jersey Division of Alcoholic Beverage Control declined to renew the liquor licenses for Trump National Golf Club in Bedminster and Colts Neck, instead issuing temporary permits.{{cite news |last1=Everson |first1=Zach |date=Jun 28, 2024 |title=New Jersey Does Not Renew Trump Liquor Licenses In Wake Of Felony Conviction |url=https://www.forbes.com/sites/zacheverson/2024/06/28/new-jersey-does-not-renew-trump-liquor-licenses-in-wake-of-felony-conviction/ |access-date=29 June 2024 |work=Forbes |language=en}} The alcohol laws of New Jersey prohibit a liquor license from being issued to "any person who has been convicted of a crime involving moral turpitude", typically involving a serious crime involving "dishonesty, fraud or depravity".{{cite news |last1=Parry |first1=Wayne |date=June 10, 2024 |title=Donald Trump may lose his liquor licenses in New Jersey if his felonies involve 'moral turpitude' |url=https://fortune.com/2024/06/10/donald-trump-liquor-licenses-new-jersey-golf-courses-felony-convictions-moral-turpitude/ |access-date=29 June 2024 |work=Fortune |language=en}}{{cite news |last1=Chatterjee |first1=Nandika |date=28 June 2024 |title=New Jersey decides not to automatically renew some Trump liquor licenses, schedules July hearing |url=https://www.salon.com/2024/06/28/new-jersey-decides-not-to-automatically-renew-some-liquor-licenses-schedules-july-hearing/ |access-date=29 June 2024 |work=Salon |language=en}} Though the Trump Organization has stated that Trump is not connected with the liquor licenses, the New Jersey attorney general pointed out that Trump is the sole beneficiary of his revocable trust, which owns the licenses.{{cite news |date=June 28, 2024 |title=New Jersey Says Trump's Convictions Might Jeopardize His Golf Clubs' Liquor Licenses |url=https://www.usnews.com/news/top-news/articles/2024-06-28/new-jersey-says-trumps-convictions-might-jeopardize-his-golf-clubs-liquor-licenses |access-date=29 June 2024 |agency=Reuters}} A hearing for the licenses was expected to be held on July 19, but was delayed until after Trump's sentencing.{{cite news |last1=Italiano |first1=Laura |title=Trump's New Jersey liquor-license hearing is delayed in latest ripple-effect benefit from SCOTUS immunity opinion |url=https://www.businessinsider.com/trumps-jersey-liquor-license-revocation-hearing-delayed-2024-7 |access-date=22 July 2024 |work=Business Insider}}
The U.S. Constitution does not bar individuals with criminal records from the presidency,{{Cite web |last=Honderich |first=Holly |date=May 31, 2024 |title=Can Trump run for president as a convicted felon? |url=https://www.bbc.com/news/articles/crgg4kv0682o |url-status=live |archive-url=https://web.archive.org/web/20240531224746/https://www.bbc.com/news/articles/crgg4kv0682o |archive-date=May 31, 2024 |access-date=2024-06-02 |website=BBC.com |language=en-GB}} but the Fourteenth Amendment implies that crime beyond insurrection (as Congress could separately argue) may be cited as grounds for felony disenfranchisement (the rescinding of one's right to vote). In a 1974 case, such disenfranchisement was upheld as a state right.Richardson v. Ramirez, {{ussc|418|24|1974}}.
Felons in New York are required to surrender a DNA sample.{{Cite news |last=Spivey |first=William |date=2025-01-10 |title=What If Trump's DNA Sample Links Him to Another Crime? |url=https://medium.com/the-polis/what-if-trumps-dna-sample-links-him-to-another-crime-4bd38c9c01ff |url-status=live |archive-url=https://web.archive.org/web/20250114014245/https://medium.com/the-polis/what-if-trumps-dna-sample-links-him-to-another-crime-4bd38c9c01ff |archive-date=January 14, 2025 |access-date=2025-01-15 |work=Medium |language=en }}{{Cite web |date=2025-01-10 |title=Trump can still vote after sentencing, but can't own a gun and will have to turn over DNA sample |url=https://apnews.com/article/trump-hush-money-felon-rights-708d782fe985f2c08d7b82ef13f17dd9 |access-date=2025-01-15 |website=AP News |language=en}}{{efn|DNA was potentially relevant to E. Jean Carroll's sexual-assault case against Trump, but was ruled inadmissible at her trial.{{Cite web |last=Matloff |first=Ellen |date=April 4, 2023 |title=Trump May Be Swabbed For DNA Sample Upon Surrender. How Might His DNA Be Used? |url=https://www.forbes.com/sites/ellenmatloff/2023/04/04/trump-may-be-swabbed-for-dna-sample-upon-surrender-how-might-his-dna-be-used/ |access-date=April 5, 2023 |website=Forbes |language=en |archive-date=April 5, 2023 |archive-url=https://web.archive.org/web/20230405051207/https://www.forbes.com/sites/ellenmatloff/2023/04/04/trump-may-be-swabbed-for-dna-sample-upon-surrender-how-might-his-dna-be-used/ |url-status=live }}}}
= Gag order =
On May 31, 2024, the day after the trial ended, Trump told reporters he wanted to have the "nasty gag order" lifted.{{cite news |last1=Matza |first1=Max |title=Trump wants gag order lifted after hush-money trial verdict |url=https://www.bbc.com/news/articles/c3gg51e72qgo |access-date=5 June 2024 |work=BBC |date=June 4, 2024}} On June 4, Blanche filed a motion to have the gag order lifted, stating: "Now that the trial is concluded, the concerns articulated by the government and the Court do not justify restrictions on the First Amendment rights of President Trump."{{cite news |last1=Kaufman |first1=Katrina |title=Trump asks to have gag order lifted in New York criminal trial |url=https://www.cbsnews.com/news/trump-gag-order-new-york-trial-hush-money/ |access-date=5 June 2024 |work=CBS News |date=4 June 2024}} On June 5, Matthew Colangelo asked that the gag order remain in place "to protect the integrity of these proceedings and the fair administration of justice at least through the sentencing hearing and the resolution of any post-trial motions".{{cite news |last1=Singman |first1=Brooke |title=Manhattan prosecutors oppose Trump request to lift gag order, urge court to 'protect the integrity' of case |url=https://www.foxnews.com/politics/manhattan-prosecutors-oppose-trump-request-lift-gag-order-urge-court-protect-integrity-case |access-date=6 June 2024 |work=Fox News |date=5 June 2024}} Many expected Trump, had the gag order been lifted, to assail trial participants including the witnesses, jury, and court staff, as well as their families.{{cite news |last1=Shamsian |first1=Jacob |last2=Italiano |first2=Laura |date=Jun 4, 2024 |title=Trump asks hush-money judge to lift his gag order, which would leave him free to seek vengeance against trial witnesses |url=https://www.businessinsider.com/trump-asks-judge-to-lift-gag-order-manhattan-trial-2024-6 |access-date=5 June 2024 |work=Business Insider}}{{cite news |last1=Vaillancourt |first1=William |date=5 June 2024 |title=Convicted Trump Now Wants Gag Order Lifted After Guilty Verdict |url=https://sg.news.yahoo.com/convicted-trump-now-wants-gag-030517228.html |access-date=5 June 2024 |work=Daily Beast |publisher=Yahoo News |language=en-SG}}
On June 18, 2024, the New York Court of Appeals, the state's highest court, said it would not hear an earlier appeal by Trump on the gag order, leaving it in place.{{Cite web |last1=Brown |first1=Nicki |last2=Scannell |first2=Kara |date=2024-06-18 |title=New York's highest court leaves Trump gag order in hush money case in effect |url=https://www.cnn.com/2024/06/18/politics/trump-gag-order-new-york-appeal/index.html |access-date=2024-06-18 |website=CNN |language=en}}
On June 25, two days before the first 2024 U.S. presidential debate, Merchan partially lifted the gag order permitting Trump to comment on witnesses and jurors, but Trump cannot reveal the jurors' identities, nor comment about court staffers, the prosecution team or their families until after sentencing.{{cite news |last1=Taheri |first1=Mandy |title=Judge Merchan lifting gag order may "come back to bite" Trump—Ex-prosecutor |url=https://www.newsweek.com/judge-merchan-lifting-gag-order-may-bite-trump-prosecutor-1918263 |access-date=30 June 2024 |work=Newsweek |date=27 June 2024 |language=en}}{{cite news |last1=Svitek |first1=Patrick |title=Judge partly lifts gag order in Donald Trump's hush money case |url=https://www.washingtonpost.com/dc-md-va/2024/06/25/trump-merchan-gag-order/ |access-date=30 June 2024 |newspaper=Washington Post |date=25 June 2024}}{{cite news |last1=del Valle |first1=Lauren |last2=Herb |first2=Jeremy |title=Judge rolls back parts of Trump gag order ahead of sentencing in New York criminal case |url=https://www.cnn.com/2024/06/25/politics/trump-gag-order/index.html |access-date=30 June 2024 |work=CNN Politics |publisher=CNN |date=25 June 2024 |language=en}}
In July 2024, Missouri Attorney General Andrew Bailey filed a lawsuit against New York State in an attempt to invoke the U.S. Supreme Court's exclusive jurisdiction to hear disputes between two states.{{cite news |last=Schonfeld |first=Zach |date=July 24, 2024 |title=New York tells Supreme Court to toss Missouri's longshot bid to block Trump's sentence |url=https://thehill.com/regulation/court-battles/4791625-ny-supreme-court-block-trump-sentence/ |work=The Hill}} The lawsuit sought to block Trump's gag order and sentencing until after the election, accusing New York of interfering with the election in Missouri and violating Missourians' First Amendment rights. On August 5, the Supreme Court ruled against intervening.{{cite web |last1=Stohr |first1=Greg |last2=Tillman |first2=Zoe |date=August 5, 2024 |title=Supreme Court Rejects GOP States on Trump's NY Conviction |url=https://www.bloomberg.com/news/articles/2024-08-05/supreme-court-rejects-gop-states-on-trump-s-new-york-conviction?embedded-checkout=true |url-access=subscription |access-date=August 5, 2023 |website=Bloomberg}}
On December 17, 2024, Trump excoriated Merchan on Truth Social, stating that the judge "has so little respect for the Constitution that he is keeping in place an illegal gag order on me ... just so I cannot expose his and his family's disqualifying and illegal conflicts".{{Cite magazine |last=Ferguson |first=Malcolm |date=December 17, 2024 |title=Trump Loses It After Hush-Money Judge Says He's Not Immune |url=https://newrepublic.com/maz/post/189481/trump-reaction-hush-money-judge-ruling-not-immune |access-date=2024-12-22 |magazine=The New Republic |issn=0028-6583}}
On January 3, 2025, in a ruling upholding the conviction, Merchan stated that Trump had "gone to great lengths to broadcast ... his lack of respect for judges, juries ... and the justice system as a whole". This prompted Trump to write online that "'Acting' Justice Merchan, who is a radical partisan, just issued another order that is knowingly unlawful," asserting that the ruling violated the constitution and compromised the executive office's integrity.{{Cite web |last=Vaillancourt |first=William |date=2025-01-04 |title=Trump Rages at Judge Merchan Even After Getting a Slap on Wrist |url=https://www.thedailybeast.com/trump-rages-at-judge-juan-merchan-even-after-getting-a-slap-on-wrist/ |access-date=2025-01-04 |website=The Daily Beast |language=en}}
= Immunity ruling =
District Judge Alvin Hellerstein rejected defense arguments regarding presidential immunity in July 2023, when Trump attempted to remove the case to federal court, ruling that "the matter was purely a personal item of the President."{{Cite web |last=Kates |first=Graham |date=2024-07-02 |title=Trump seeks to overturn criminal conviction, citing Supreme Court immunity decision |url=https://www.cbsnews.com/news/trump-seeks-overturn-new-york-conviction-citing-supreme-court-immunity/ |access-date=2024-12-13 |website=CBS News |language=en-US}}{{Cite web |last=Prater |first=Nia |date=2024-08-30 |title=Trump Throws Another Hail Mary on Hush-Money Case |url=https://nymag.com/intelligencer/article/trump-throws-another-hail-mary-on-hush-money-case.html |access-date=2025-01-04 |website=Intelligencer |language=en}}
On July 1, 2024, the U.S. Supreme Court ruled in Trump v. United States, supporting presidential immunity for official acts committed by the seated president. Later that day, Trump's counsel requested permission to move to dismiss the conviction on the basis that some evidence presented in the trial constituted official actions by Trump.{{Cite web |last1=Vlamis |first1=Kelsey |last2=Italiano |first2=Laura |last3=Snodgrass |first3=Erin |last4=Tangalakis-Lippert |first4=Katherine |title=Trump is already testing the limits of the SCOTUS immunity ruling and is trying to get his Manhattan conviction thrown out |url=https://www.businessinsider.com/trump-tests-limits-scotus-immunity-ruling-wants-manhattan-conviction-tossed-2024-7 |access-date=2024-07-05 |website=Business Insider |language=en-US}} This includes 2018 social media posts by Trump, phone records between Trump and Cohen, a government ethics disclosure referencing the hush money payment, and some of Hicks' and Westerhout's testimony.{{Cite web |last=Charalambous |first=Peter |date=2024-07-03 |title=Following Supreme Court ruling, what happens next in Trump's criminal hush money case? |url=https://abcnews.go.com/US/supreme-court-ruling-trumps-criminal-hush-money-case/story?id=111625803 |access-date=2024-07-05 |website=ABC News |language=en}}{{Cite web |last1=Lee |first1=Ella |last2=Schonfeld |first2=Zach |date=2024-07-07 |title=Supreme Court immunity decision collides with Trump's NY conviction |url=https://thehill.com/homenews/4754512-supreme-court-immunity-trump-conviction/ |access-date=2024-07-07 |website=The Hill}}{{Cite news |last=Jacobs |first=Shayna |date=2024-07-11 |title=Trump seeks dismissal of N.Y. charges, verdict after Supreme Court ruling |url=https://www.washingtonpost.com/national-security/2024/07/11/trump-immunity-new-york-trial-dismiss/ |access-date=2024-07-11 |newspaper=Washington Post |language=en-US |issn=0190-8286}} Trump's motion was formally made on July 11. Merchan's ruling will center on whether the evidence presented constituted official actions, and whether it influenced the verdict. If the conviction is overturned, prosecutors would need to convene another grand jury to issue a new indictment.
Merchan's ruling on immunity was initially expected by September 6, 2024. It was postponed so he could consider Trump's third recusal motion, which he denied on August 13.{{Cite news |last=Schonfeld |first=Zach |date=August 14, 2024 |title=Trump's hush money judge refuses third recusal request |url=https://thehill.com/regulation/court-battles/4823780-trump-hush-money-judge-recusal/ |access-date=August 14, 2024 |work=The Hill}} The immunity ruling was expected by September 16.{{cite web |last=Foster-Collins |first=Lilith |date=August 6, 2024 |title=Judge in Trump Hush Money Case Moves Date for Presidential Immunity Ruling |url=https://newsweek.com/judge-trump-hush-money-case-moves-date-presidential-immunity-ruling-1935356 |access-date=August 6, 2024 |website=Newsweek}}{{cite web |last=Hurtado |first=Patricia |date=August 6, 2024 |title=Trump Hush-Money Judge Says He'll Decide on Recusal by Next Week |url=https://www.bloomberg.com/news/articles/2024-08-06/trump-hush-money-judge-says-he-ll-decide-on-recusal-by-next-week |access-date=August 6, 2024 |website=Bloomberg}} On September 3, 2024, hours before Hellerstein rejected Trump's request to remove his case to federal court, prosecutors urged Merchan to rule swiftly on the immunity question, expressing concern that Hellerstein might pause state court proceedings.{{Cite web |last1=Chowdhury |first1=Maureen |last2=Hammond |first2=Elise |last3=Vogt |first3=Adrienne |date=2024-09-03 |title=Live updates: Trump, Harris election news |url=https://www.cnn.com/politics/live-news/trump-harris-election-09-03-24#h_90f8560faf3692b1a708de597714d6be |access-date=2024-09-03 |website=CNN |language=en}} On September 6, Merchan postponed the immunity ruling to November 12.{{Cite web |last1=Scannell |first1=Kara |last2=del Valle |first2=Lauren |last3=Herb |first3=Jeremy |date=2024-09-06 |title=Judge delays Trump's sentencing until after the election |url=https://www.cnn.com/2024/09/06/politics/judge-delays-trumps-sentencing |access-date=2024-09-13 |website=CNN |language=en}} On that day, Merchan agreed to a request from prosecutors to pause the case for a week while they considered how Trump's election could impact proceedings.{{Cite web |last=Bagchi |first=Aysha |date=November 12, 2024 |title=Donald Trump's New York hush money sentencing in jeopardy as case deadlines paused |url=https://www.msn.com/en-us/news/politics/donald-trump-s-new-york-hush-money-sentencing-in-jeopardy-as-case-deadlines-paused/ar-AA1tWXz1 |access-date=2024-11-13 |website=MSN}}{{Cite web |last=Boboltz |first=Sara |date=2024-11-12 |title=Trump's Hush Money Judge Delays Decision On Verdict Again |url=https://www.huffpost.com/entry/trump-hush-money-trial-president-elect_n_672c2e0ae4b01cfbdad3b8ad |access-date=2024-11-12 |website=HuffPost |language=en}} On November 19, the Manhattan DA argued that the conviction should stand because no law states that temporary presidential immunity nullifies proceedings conducted during the president's time outside of office and regarding activities deemed unofficial to that post.{{Cite web |last1=Reid |first1=Paula |last2=Scannell |first2=Kara |last3=Herb |first3=Jeremy |last4=del Valle |first4=Lauren |date=2024-11-19 |title=Manhattan DA agrees to postpone Donald Trump's sentencing in hush money case |url=https://edition.cnn.com/2024/11/19/politics/donald-trump-new-york-hush-money/index.html |access-date=2024-11-19 |website=CNN |language=en}}
On December 16, Merchan ruled that the Supreme Court decision did not affect Trump's conviction. Merchan stated that Trump's conduct pertains to personal acts and that any disputed evidence was "harmless in light of the overwhelming evidence of guilt".{{cite web |last1=Scannell |first1=Kara |last2=Herb |first2=Jeremy |last3=del Valle |first3=Lauren |date=December 16, 2024 |title=Judge rules Trump does not have presidential immunity protections in hush money conviction |url=https://cnn.com/2024/12/16/politics/trump-immunity-hush-money-conviction-merchan/index.html |access-date=December 16, 2024 |website=CNN}}{{cite web |last1=Protess |first1=Ben |last2=Christobek |first2=Kate |date=December 16, 2024 |title=Judge Denies Trump's Bid to Throw Out Conviction Over Immunity Ruling |url=https://www.nytimes.com/2024/12/16/nyregion/trump-immunity-criminal-case.html |access-date=December 16, 2024 |newspaper=The New York Times}}
= Requests for dismissal and federal removal =
In 2023, Trump attempted to remove the case to federal court, in response to which Judge Hellerstein ruled that "the matter was purely a personal item of the President."
On August 29, 2024, Trump's lawyers asked the federal court for the Southern District of New York to seize control of the case.{{Cite web |last=Sisak |first=Michael R. |date=2024-08-30 |title=Trump Asks Federal Court To Intervene In Hush Money Case In Bid To Toss Conviction |url=https://www.huffpost.com/entry/trump-asks-federal-court-to-intervene-hush-money-case_n_66d1a618e4b0c8d61a38a520 |access-date=2024-08-30 |website=HuffPost |language=en}} On September 3, Judge Hellerstein rejected Trump's request on the basis that the payments were an unofficial act.{{Cite web |last=Sisak |first=Michael R. |date=2024-09-03 |title=Federal Judge Rejects Trump Request To Intervene In Hush Money Case |url=https://www.huffpost.com/entry/federal-judge-rejects-intervene-trump-hush-money_n_66d782dae4b0830f6e9290a8 |access-date=2024-09-04 |website=The AP |language=en |via=HuffPost}}{{Cite web |last1=Katersky |first1=Aaron |last2=Faulders |first2=Katherine |last3=Charalambous |first3=Peter |date=October 15, 2024 |title=Trump again asks appeals court to move New York hush money case to federal court |url=https://abcnews.go.com/US/trump-asks-appeals-court-move-new-york-hush/story?id=114809490 |access-date=2024-10-21 |website=ABC News |language=en}} Hours later, Trump's attorneys filed a notice of appeal to the Second Circuit Court of Appeals.{{Cite web |last1=del Valle |first1=Lauren |last2=Reid |first2=Paula |date=2024-09-04 |title=Trump appeals to move New York hush money case to federal court |url=https://edition.cnn.com/2024/09/04/politics/trump-hush-money-case-federal-court/index.html |access-date=2024-09-04 |website=CNN |language=en}} On October 14, Trump's counsel asked the Second Circuit to reconsider Hellerstein's rejection, arguing that it was based upon "profoundly flawed analysis" and continuing to assert that instead of being personally prosecuted, Trump was being politically persecuted.
On December 2, 2024, the defense asked for the case to be dismissed, arguing that it was invalid due to Trump's 2024 election.{{Cite news |last=Cohen |first=Luc |date=December 3, 2024 |title=Trump urges judge to dismiss hush money case due to election victory |url=https://reuters.com/legal/trump-urges-judge-dismiss-hush-money-case-due-election-victory-2024-12-03/ |access-date=December 3, 2024 |work=Reuters}} On December 9, the prosecution asked the court to deny the request on the bases that the trial had already concluded, the immunity question had yet to be ruled on and "President-elect immunity does not exist."{{Cite web |last=Kates |first=Graham |date=2024-12-10 |title=New York prosecutors say Trump's criminal conviction should stand: 'President-elect immunity does not exist' |url=https://www.cbsnews.com/news/trump-hush-money-conviction-new-york-prosecutors/ |access-date=2024-12-12 |website=CBS News |language=en-US}}{{Cite web |last=Bragg |first=Alvin |date=December 9, 2024 |title=Bragg filing in Trump hush money case opposing dismissal |url=https://www.documentcloud.org/documents/25451175-bragg-filing-in-trump-hush-money-case-opposing-dismissal/ |access-date=2024-12-11 |website=DocumentCloud |language=en}} On these lines, the prosecution suggested that sentencing could take place before the presidency without an incarceratory penalty, or—more novelly—that the sentencing could be vacated, but not Trump's guilty status.{{Cite web |last1=Schonfeld |first1=Zach |last2=Lee |first2=Ella |date=2024-12-12 |title=Judge to decide fate of Donald Trump's New York hush money conviction |url=https://thehill.com/regulation/court-battles/5035162-trump-hush-money-conviction-future/ |access-date=2024-12-13 |website=The Hill |language=en-US}} Trump's lawyers lambasted the latter suggestion as irresponsible because of its typical use for a dead defendant and in light of assassination attempts on their client.{{Cite web |last=Kates |first=Graham |date=2024-12-13 |title=Trump attorneys lash out at New York prosecutors for 'novel' alternative to dismissing case |url=https://www.cbsnews.com/news/trump-hush-money-case-lawyers-new-york-prosecutors-alternative/ |access-date=2024-12-16 |website=CBS News |language=en-US}}
On December 3, 2024, the defense suggested that the case should be dismissed on the basis of alleged "grave juror misconduct", implying that if Merchan ruled otherwise, Trump's team would pursue its appeal to the Second Circuit regarding the denied removal request.{{Cite web |last=Kates |first=Graham |date=2024-12-17 |title=Trump lawyers allege juror misconduct in New York criminal case |url=https://www.cbsnews.com/news/trump-juror-misconduct-new-york-criminal-case/ |access-date=2024-12-18 |website=CBS News |language=en-US}}{{Cite web |last=Blanche |first=Todd |date=December 3, 2024 |title=Re: People v. Trump, Ind. No. 71543/23 |url=https://www.nycourts.gov/LegacyPDFs/press/PDFs/Letter4.pdf |access-date=2024-12-17 |website=New York State Unified Court System |page=6}} On December 5, prosecutors replied that the juror misconduct claim stemmed from "unsworn, unsupported, hearsay allegations" from a source who "has refused to endorse and has at least partially disclaimed" them.{{Cite web |last=Bagchi |first=Aysha |date=2024-12-17 |title=Donald Trump alleges juror misconduct in NY hush money case. Prosecutors call it 'hearsay' |url=https://www.usatoday.com/story/news/politics/elections/2024/12/17/trump-alleged-juror-misconduct-hush-money-trial/76875993007/ |access-date=2024-12-18 |website=USA Today |language=en-US}}
On January 3, 2025, Merchan upheld Trump's conviction. On January 6, Trump appealed the decision. The next day, a New York appeals court scheduled a January 21 hearing for the defense to make its arguments.{{Cite web |last=Orden |first=Erica |date=2025-01-07 |title=Appeals court judge rejects Trump effort to cancel hush money sentencing on Friday |url=https://www.politico.com/news/2025/01/07/trump-hush-money-sentencing-appeal-denied-00196892 |access-date=2025-01-09 |website=Politico |language=en}}
= Sentencing =
== Scheduling ==
Before his conviction, officials in state and federal agencies began preparing for possible incarceration.{{cite news |last1=Kates |first1=Graham |date=May 28, 2024 |title=What happens if Trump is convicted in New York? No one can really say |url=https://www.cbsnews.com/news/what-happens-if-trump-is-convicted-in-new-york-trial/ |access-date=May 29, 2024 |work=CBS News}}{{cite magazine |last1=Jane |first1=Talia |date=May 28, 2024 |title=Is the Secret Service Gearing Up to Jail Donald Trump? |url=https://www.yahoo.com/news/secret-gearing-jail-donald-trump-202438673.html |access-date=May 29, 2024 |magazine=The New Republic |via=Yahoo! News}} Trump's rhetoric and lack of acknowledgement of any wrongdoing was expected to impact the leniency of his sentence negatively.{{cite news |last1=Tucker |first1=Eric |date=3 June 2024 |title=How Trump's deny-everything strategy could hurt him at sentencing |url=https://apnews.com/article/trump-hush-money-stormy-daniels-sentencing-66dbfa66613aaae29a3959e619b7593c |access-date=6 June 2024 |work=AP News |language=en}}
Trump's sentencing hearing was originally scheduled for July 11, 2024.{{Cite web |title=Trump trial: Ex-president guilty of all 34 counts in hush money trial |url=https://news.sky.com/story/donald-trump-trial-criminal-case-hush-money-live-stormy-daniels-court-convicted-13116372 |access-date=2024-05-30 |website=Sky News |language=en}} On July 1, Trump's counsel requested to delay sentencing to consider the impact of the U.S. Supreme Court ruling in Trump v. United States released that day. The Manhattan DA's office agreed to the delay, but said the defense's position lacked merit.{{Cite web |date=July 2, 2024 |title=Trump to seek overturn of NY hush money conviction after immunity ruling, NYT says |url=https://www.msn.com/en-us/news/politics/trump-to-seek-overturn-of-ny-hush-money-conviction-after-immunity-ruling-nyt-says/ar-BB1phsWM?ocid=BingNewsSerp |access-date=2024-07-03 |website=MSN}} On July 2, Merchan postponed the sentencing hearing to September 18.{{Cite web |last=Murdock |first=Sebastian |date=2024-07-02 |title=Trump's Hush Money Sentencing Delayed Until September |url=https://www.huffpost.com/entry/trumps-hush-money-sentencing-delayed-until-september_n_66844dcae4b05d5a5eb3b07b |access-date=2024-07-03 |website=HuffPost |language=en}}
In August, Trump's team asked Merchan to again postpone the sentencing hearing until after the election,{{Cite web |last=Boboltz |first=Sara |date=2024-08-15 |title=Trump Asks Hush Money Judge To Delay Sentencing Until After Election |url=https://www.huffpost.com/entry/trump-delay-hush-money-sentencing_n_66be1cafe4b04090eac438c6 |access-date=2024-08-15 |website=HuffPost |language=en}} and the Manhattan DA stated that it would defer to Merchan on this matter.{{cite news |last1=Katersky |first1=Aaron |last2=Charalambous |first2=Peter |date=August 20, 2024 |title=Timeline: Manhattan DA's Stormy Daniels hush money case against Donald Trump |url=https://abcnews.go.com/Politics/timeline-manhattan-district-attorney-case-donald-trump/story?id=98389444 |access-date=25 August 2024 |work=ABC News}} On August 29 (in a request to the U.S. District Court for the Southern District of New York to seize control of the case), Trump's lawyers complained that a September sentencing date would amount to election interference. On September 6, Merchan postponed the sentencing hearing to November 26.{{Cite web |last=Grenoble |first=Ryan |date=2024-09-06 |title=Judge Postpones Trump's Hush Money Sentencing Until After The Election |url=https://www.huffpost.com/entry/donald-trump-hush-money-sentencing-date-merchan_n_66db0dd8e4b0abbb7b448bd1 |access-date=2024-09-06 |website=HuffPost |language=en}}
At the presidential immunity hearing on November 19, the Manhattan DA's office said it would consent to postpone sentencing until Trump leaves office. Three days later, Merchan canceled the sentencing date,{{Cite web |last=Boboltz |first=Sara |date=2024-11-22 |title=Judge Cancels Trump's Hush Money Trial Sentencing |url=https://www.huffpost.com/entry/trump-hush-money-trial-sentencing-canceled_n_6740aa43e4b078cce4af16fe |access-date=2024-11-22 |website=HuffPost |language=en}} but on January 3, 2025, set a new sentencing hearing for January 10,{{Cite web |last=Boboltz |first=Sara |date=2025-01-03 |title=Trump Ordered To Appear For Sentencing In Hush Money Trial |url=https://www.huffpost.com/entry/trump-ordered-to-appear-for-sentencing-in-hush-money-trial_n_67784e3ce4b0f0fdb7b1a450 |access-date=2025-01-03 |website=HuffPost |language=en}} four days after the Electoral College vote count and ten days before Trump's second inauguration is scheduled.
On January 6, 2025, Trump asked Merchan for a delay while new appeals played out. Merchan denied the request the same day, deciding that the defense's reasoning largely repeated past arguments.{{Cite web |last1=Reid |first1=Paula |last2=Herb |first2=Jeremy |date=2025-01-06 |title=Trump asks court to delay Friday's sentencing for his hush money conviction |url=https://www.cnn.com/2025/01/06/politics/trump-delay-hush-money-sentencing/index.html |access-date=2025-01-06 |website=CNN |language=en}}{{Cite web |last1=Jarrett |first1=Laura |last2=Reiss |first2=Adam |last3=Gregorian |first3=Dareh |last4=Hillyard |first4=Vaughn |date=2025-01-06 |title=Judge rejects Trump's bid to delay Friday sentencing in his hush money case |url=https://www.nbcnews.com/politics/donald-trump/trump-seeks-stay-sentencing-hush-money-case-rcna186373 |access-date=2025-01-07 |website=NBC News |language=en}} On January 7, the New York State Supreme Court, Appellate Division, First Department, denied Trump's request to postpone sentencing while he appeals Merchan's immunity ruling. On January 8, Trump's lawyers asked both the U.S. Supreme Court and the New York Court of Appeals to stay sentencing, arguing that the case was entirely political.{{Cite web |last=Fritze |first=John |date=2025-01-08 |title=Trump asks Supreme Court to pause sentencing in hush money case |url=https://edition.cnn.com/2025/01/08/politics/donald-trump-supreme-court-hush-money/index.html |access-date=2025-01-08 |website=CNN |language=en}}{{Cite web |last1=Gerstein |first1=Josh |last2=Orden |first2=Erica |date=2025-01-08 |title=Trump asks Supreme Court to block hush money sentencing |url=https://www.politico.com/news/2025/01/08/trump-asks-supreme-court-to-block-hush-money-sentencing-00197046?cid=apn |access-date=2025-01-09 |website=Politico |language=en}} On January 9, the New York Court of Appeals said it would not block the sentencing,{{Cite web |last1=Hill |first1=Michael |last2=Sisak |first2=Michael R. |last3=Whitehurst |first3=Lindsay |date=2025-01-09 |title=New York's Highest Appeals Court Declines To Block Trump's Sentencing In Hush Money Case |url=https://www.huffpost.com/entry/new-yorks-highest-appeals-court-declines-block-trumps-sentencing-hush-money-case_n_677fe58fe4b07fd9418992b0 |access-date=2025-01-09 |website=HuffPost |language=en}} and the Supreme Court denied Trump's request to postpone sentencing in a 5–4 decision, with Chief Justice John Roberts and Amy Coney Barrett voting with the three liberal judges.https://www.politico.com/news/2025/01/09/supreme-court-trump-hush-money-sentencing-decision-00197432
File:Trump New York trial sentencing 04.jpg protestors outside the courthouse, before Merchan passed down his ruling]]
== Hearing ==
Merchan ruled that Trump could choose to attend his January 10 sentencing by videoconference. Stating that it would be impractical to incarcerate the president-elect, Merchan suggested that he would most likely issue an unconditional discharge, upholding charges but issuing no fine, probation, or jail time.{{cite web|url=https://www.washingtonpost.com/national-security/2025/01/03/trump-new-york-hush-money-conviction-sentence/ |first=Shayna |last=Jacobs |newspaper=The Washington Post |date=January 3, 2025 |title=Judge upholds Trump's felony conviction, but does not plan to order jail time |access-date=January 3, 2025}}{{cite web|url=https://www.reuters.com/legal/trump-must-be-sentenced-hush-money-criminal-case-jan-10-judge-rules-2025-01-03/ |first=Luc |last=Cohen |website=Reuters |date=January 3, 2025 |title=Trump must be sentenced in hush money case, judge signals no jail |access-date=January 3, 2025}} Trump opted to attend the sentencing by videoconference. On January 10, Merchan issued an unconditional discharge.{{cite news |title=What Trump's 'unconditional discharge' sentence in the hush money case means |url=https://www.politico.com/news/2025/01/10/trump-unconditional-discharge-sentencing-what-that-means-00197500 |last=Johansen |first=Ben |date=January 10, 2025 |publisher=Politico}}
File:Appellate Division Courthouse of New York State (51710072409).jpg.]]
= Appeal =
On January 29, 2025, Trump filed a notice of appeal to the First Department, for which he will be represented by Sullivan & Cromwell.{{Cite web |last1=Faulders |first1=Katherine |last2=Charalambous |first2=Peter |last3=Katersky |first3=Aaron |date=January 29, 2025 |title=Trump hires new lawyers, files notice of appeal for hush money conviction |url=https://abcnews.go.com/US/trump-hires-new-lawyers-files-notice-appeal-hush/story?id=118225281 |access-date=2025-01-30 |website=ABC News |language=en}} If unsuccessful, Trump's counsel has indicated that they would ask the New York Court of Appeals to hear their case.{{Cite web |last=Chowdhury |first=Maureen |date=2024-05-30 |title=Trump attorney expects an appeal in case of conviction |url=https://edition.cnn.com/politics/live-news/trump-hush-money-trial-05-30-24#h_c63f839b1060bb1d9201313971f4894d |access-date=2024-05-30 |website=CNN |language=en}}{{Cite AV media |url=https://www.cnn.com/2024/05/30/politics/video/trial-verdict-trump-jail-time-sentencing-honig-digvid |title=Elie Honig breaks down whether or not Trump could face jail time |date=2024-05-30 |last=Steinmetz |first=Jonathan |language=en |publisher=CNN Politics |access-date=2024-05-31}}
Reactions
{{Main|Reactions to the prosecution of Donald Trump in New York}}
See also
Notes
{{Notelist}}
References
{{reflist}}
External links
{{Commons}}
{{Wikinews|Manhattan grand jury indicts former United States President Donald Trump}}
- [https://www.propublica.org/article/donald-trump-criminal-cases-witnesses-financial-benefits "Multiple Trump Witnesses Have Received Significant Financial Benefits From His Businesses, Campaign"] June 3, 2024 by ProPublica
- [https://www.lawfaremedia.org/current-projects/the-trump-trials/new-york/docket-watch-trump-prosecuted-in-new-york Mirror of docket]—Lawfare
- [https://www.manhattanda.org/wp-content/uploads/2023/04/Donald-J.-Trump-Indictment.pdf Indictment]—{{webarchive|url=https://web.archive.org/web/20230404193840/https://www.manhattanda.org/wp-content/uploads/2023/04/Donald-J.-Trump-Indictment.pdf|date=April 4, 2023}}
- [https://manhattanda.org/wp-content/uploads/2023/04/2023-04-04-SOF.pdf Statement of Facts]—{{webarchive|url=https://web.archive.org/web/20230404193733/https://www.manhattanda.org/wp-content/uploads/2023/04/Donald-J.-Trump-SOF.pdf|date=April 4, 2023}}
- [https://www.cnn.com/2024/04/14/politics/timeline-trump-stormy-daniels-hush-money-dg/index.html CNN timeline of the Donald Trump hush money case]
- [https://ww2.nycourts.gov/people-v-donald-j-trump-criminal-37026 People v Donald J. Trump (Criminal) decisions & orders] at NYCourts.gov
- [https://pdfs.nycourts.gov/PeopleVs.DTrump-71543/transcripts/ People v Donald J. Trump transcripts]{{Dead link|date=February 2025 |bot=InternetArchiveBot |fix-attempted=yes }} at NYCourts.gov (permanently dead link)
- [https://www.nytimes.com/article/trump-hush-money-trial-transcripts.html People v Donald J. Trump transcripts] at The New York Times
- [https://www.c-span.org/video/?536021-101/president-trump-speaks-guilty-verdict-hush-money-trial Former President Trump Speaks After Guilty Verdict in Hush Money Trial—May 30, 2024] on C-SPAN
- Closing Arguments (or Summations), "[https://www.nytimes.com/interactive/2024/05/30/nyregion/trump-hush-money-trial-transcript-may-28.html Transcript of Trump Manhattan Trial, May 28, 2024]", via The New York Times
- [https://www.nycourts.gov/LegacyPDFS/press/PDFs/People%20v.%20DJT%20Jury%20Instructions%20and%20Charges%20FINAL%205-23-24.pdf Jury Instructions] ("Post-Summation Instructions")
- Trump Verdict Sheet (May 30, 2024).
{{Legal affairs of Donald Trump}}
{{Donald Trump}}
Category:2023 controversies in the United States
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Category:Donald Trump controversies
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