This week marked the conclusion of the sixth week of the criminal trial against former President Donald J. Trump. The trial, which is the first prosecution of an American president, ended its abbreviated week with both the prosecution and defense resting their cases. As early as next week, a jury of 12 Manhattanites will begin deliberating whether Trump is guilty after hearing weeks of testimony and examining numerous financial documents.
The Charges
Trump faces charges of falsifying 34 business records related to a hush-money payment to Stormy Daniels, an adult film star who claims to have had a sexual encounter with Trump in 2006 in Lake Tahoe, Nevada. Prosecutors allege that Mr. Trump tried to conceal this payment, which was made just before the 2016 election. Mr. Trump denies both the charges and the alleged encounter. If convicted, he could face either prison or probation.
Key Moments in Court
The week in court was defined by several notable moments, starting with a dramatic cross-examination. Defense lawyer Todd Blanche attempted to discredit Michael D. Cohen, the prosecution’s key witness, accusing him of lying during his testimony. Cohen had testified that he sought authorization from Trump before making the hush-money payment. He stated he made a call lasting one minute and 36 seconds to the number of Trump’s bodyguard, Keith Schiller, during which he spoke to Trump. Blanche challenged this, claiming Cohen’s call to Schiller was about a prank call from a teenager, not the payment. “That was a lie,” Blanche declared, his voice echoing through the courtroom.
On Monday, prosecutor Joshua Steinglass announced that the state had finished presenting its case after 15 days of testimony. The prosecution team, led by Manhattan District Attorney Alvin L. Bragg, consisted of lawyers with state, federal, and white-collar criminal defense backgrounds. They summoned 20 witnesses, starting with David Pecker, a longtime friend of Trump’s and former publisher of The National Enquirer, who had helped suppress potentially damaging stories. The prosecution concluded with Cohen, who linked Trump to the falsified records intended to hide the deal with Daniels.
Defense’s Main Witness and Judge’s Intervention
The defense called Robert J. Costello, a former federal prosecutor with ties to Trump’s legal team, to attack Cohen’s credibility. Costello, who once advised Cohen, claimed Cohen told him in 2018 that Trump was not involved in the payment. However, Costello’s testimony brought its own challenges. He shook his head at one of Judge Juan M. Merchan’s rulings and muttered on the stand, leading to a confrontation with the judge. “Are you staring me down right now?” Judge Merchan demanded before ordering the courtroom cleared and reprimanding Costello. The judge warned, “If you try to stare me down one more time I will remove you from the stand,” and threatened to strike Costello’s testimony if the behavior continued.
Costello’s testimony also allowed prosecutors to introduce a new piece of evidence. They presented an email from Costello to a partner in 2018, which read, “Our issue is to get Cohen on the right page without giving him the appearance that we are following instructions from Giuliani or the President.” Prosecutor Susan Hoffinger suggested this showed Costello was acting on behalf of Trump to prevent Cohen from turning on the then-president.
Next Steps
The trial will resume after the Memorial Day weekend, with closing arguments from both sides. The jury is expected to begin deliberations next Wednesday to determine Trump’s guilt. Judge Merchan informed the jury that they would likely receive the case next week and begin deliberations.
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Background Information
Donald J. Trump
Donald John Trump served as the 45th president of the United States from 2017 to 2021. Before his presidency, he was a businessman and television personality. Trump’s presidency was marked by significant controversy, polarizing political decisions, and two impeachment trials. After leaving office, Trump has continued to influence American politics and remains a prominent figure within the Republican Party.
The Hush-Money Payment
The hush-money payment at the center of the trial refers to a sum of money allegedly paid to adult film star Stormy Daniels to prevent her from speaking about an alleged sexual encounter with Trump in 2006. Daniels, whose real name is Stephanie Clifford, claims the encounter took place in Lake Tahoe, Nevada. The payment was made shortly before the 2016 presidential election, which Trump won.
The Charges
Trump is facing 34 counts of falsifying business records. Prosecutors allege that the payment to Daniels was improperly recorded in Trump’s business records to conceal its true purpose and avoid negative publicity during the election campaign. These falsifications are claimed to have violated New York state laws.
Michael Cohen
Michael Cohen, a former lawyer and fixer for Trump, is a key witness for the prosecution. Cohen was previously convicted of multiple crimes, including campaign finance violations related to the hush-money payment. In this trial, Cohen has testified that he made the payment to Daniels and was reimbursed by Trump, indicating that Trump was aware of and involved in the transaction.
Key Figures
- Todd Blanche: A defense lawyer for Trump, known for his aggressive cross-examination techniques.
- Joshua Steinglass: A prosecutor representing the state, involved in presenting the case against Trump.
- Alvin L. Bragg: The Manhattan District Attorney who assembled the prosecution team, consisting of experts in state, federal, and white-collar criminal defense.
- Robert J. Costello: A former federal prosecutor and witness for the defense, brought in to challenge Cohen’s credibility.
Key Legal Concepts
- Falsifying Business Records: This crime involves altering, creating, or destroying business records with the intent to defraud or deceive. In this case, the prosecution alleges that Trump falsified records to hide the payment to Daniels.
- Cross-Examination: A stage in the trial where a lawyer questions a witness presented by the opposing side, aiming to discredit their testimony or highlight inconsistencies.
- Prosecution and Defense: The prosecution represents the state and works to prove the defendant’s guilt, while the defense works to challenge the prosecution’s case and protect the defendant’s rights.
Judicial Process
- Testimony: Witnesses provide their accounts of events under oath. In this trial, testimony from Cohen and Costello has been pivotal.
- Evidence: Both sides present physical, documentary, and testimonial evidence to support their arguments. In this trial, financial documents and emails have been crucial.
- Deliberation: After hearing all evidence and arguments, the jury discusses privately to reach a verdict of guilty or not guilty.
Impact of the Trial
This trial is historically significant as it is the first criminal prosecution of a former U.S. president. The outcome could have profound implications for Trump’s political future and the broader landscape of American politics. If convicted, Trump could face prison or probation, which would be unprecedented for a former president.
Understanding these elements provides the necessary context to grasp the importance and complexity of Donald Trump’s hush-money trial, making the details of the proceedings more comprehensible.
Debate/Essay Questions
- What are the ethical considerations surrounding hush-money payments in political campaigns?
- How might a conviction in this trial affect Donald Trump’s political future and the Republican Party as a whole?
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