Donald Trump’s criminal trial over hush money to
begin in New York
Ex-president becomes first US leader to face a
criminal trial, in this case, for paying Stormy Daniels and Karen McDougal for
a cover up
Victoria
Bekiempis in New York
Mon 15 Apr
2024 08.00 BST
https://www.theguardian.com/us-news/2024/apr/15/donald-trump-trial-hush-money-stormy-daniels
Donald
Trump’s criminal hush-money trial involving adult movie actress Stormy Daniels
and Playboy model Karen McDougal is scheduled to start on this morning, with
jury selection in Manhattan supreme court.
The
proceedings mark a momentous day in US history, as Trump is the country’s first
president – present or former – to face a criminal trial. They also play out
against a presidential race in which Trump is the almost certain Republican
nominee who regularly bests Joe Biden in head-to-head polls.
The
criminal case against Trump stems from an alleged scheme to cover up purported
liaisons with Daniels and McDougal ahead of the 2016 general election.
Prosecutors
say that Trump, who was indicted in spring 2023 on 34 counts of falsifying
business records, participated in an alleged “catch-and-kill scheme” from
August 2015 until December 2017 through his then lawyer, Michael Cohen. They
said that he did so out of concern that the alleged extramarital encounters
with Daniels and McDougal could harm Trump’s candidacy.
Cohen, who
in 2018 pleaded guilty to federal charges for his involvement in that
particular hush money scheme, wired $130,000 to Daniels’ then attorney only 12
days before the election. Cohen shuttled this money through a shell company,
which he established and funded at a bank in Manhattan, prosecutors said.
After Trump
won the election, he paid Cohen back with a series of monthly checks. At first
these checks came from the Donald J Trump Revocable Trust – which was set up in
New York to hold the president’s namesake company’s assets during his
presidency. Payments to Cohen later came from Trump’s bank account, prosecutors
said.
The
Manhattan district attorney’s office said that Trump provided 11 checks under
illicit pretenses – and signed nine of them. The Trump Organization,
prosecutors said, processed these checks “disguised as a payment for legal
services rendered pursuant to a non-existent retainer agreement”.
By casting
these payments as compensation for legal work, he “made and caused a false
entry in the business records of an enterprise”, prosecutors said. Trump did so
“with intent to defraud and intent to commit another crime and aid and conceal
the commission thereof … ’
With the
scheme involving McDougal, the National Enquirer’s publisher, AMI, paid her
$150,000. AMI reached out to Cohen after McDougal’s lawyer contacted the
National Enquirer, in the hopes of selling her story about Trump. AMI brokered
a deal with McDougal to purchase her “limited life rights” to her account of a
relationship with “any married man”, according to a non-prosecution agreement
between AMI and Manhattan federal prosecutors.
Trump,
prosecutors said, told Cohen to repay AMI with cash. Cohen insisted that AMI be
repaid via a shell company. In the end AMI, owned by Trump crony David Pecker –
did not accept repayment after consulting with their counsel, the Manhattan
district attorney’s office said.
In another
concealment plot, Pecker came to learn that a former Trump Tower doorman was
trying to sell information about a child Trump allegedly had out of wedlock.
AMI paid him $30,000 for the story, prosecutors said.
The story
did not check out – AMI did not investigate before issuing the payment – but
Cohen told Pecker not to release the doorman from the agreement until after the
election. Pecker said yes, prosecutors said.
Prosecutors
said that the arrangement between Trump, Cohen and Pecker stemmed from a summer
2015 meeting at Trump tower some two months after the real estate mogul
announced his candidacy. Pecker said he’d help with Trump’s run and promised to
be his “eyes and ears” by keeping apprised of negative stories – and notifying
Cohen before they surfaced.


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