Appeals court gives Trump another shot at erasing his hush money conviction

NEW YORK (AP) — Donald Trump has been convicted in his New York hush money trial, a landmark jury verdict making him the first former American president to be found guilty of felony crimes in the nation’s nearly 250-year history. The jury’s judgment Thursday (May 30, 2024) caps a trial centered on lurid claims of sex and financial coverups and exposes Trump to prison time. The verdict represents a stunning courtroom reckoning for Trump, who was indicted in three other felony cases but wasn’t convicted until now. Coming six months before the presidential election in which Trump is the presumptive Republican nominee, the verdict will test voters’ willingness to elect for the first time a candidate with a criminal record related to hush money payments to a porn star.

NEW YORK (AP) — Donald Trump became the first former president to be convicted of felony crimes Thursday (May 30, 2024) as a New York jury found him guilty of falsifying business records in a scheme to illegally influence the 2016 election through hush money payments to a porn actor who said the two had sex.

Jurors deliberated for 9.5 hours over two days before convicting Trump of all 34 counts he faced. Trump sat stone-faced while the verdict was read as cheering from the street below — where supporters and detractors of the former president were gathered — could be heard in the hallway on courthouse’s 15th floor where the decision was revealed.

“This was a rigged, disgraceful trial,” Trump told reporters after leaving the courtroom. “The real verdict is going to be Nov. 5 by the people. They know what happened, and everyone knows what happened here.”

The verdict is a stunning legal reckoning for Trump and exposes him to potential prison time in the city where his manipulations of the tabloid press helped catapult him from a real estate tycoon to reality television star and ultimately president. As he seeks to reclaim the White House in this year’s election, the judgment presents voters with another test of their willingness to accept Trump’s boundary-breaking behavior.

Trump is expected to quickly appeal the verdict and will face an awkward dynamic as he returns to the campaign trail as a convicted felon. There are no campaign rallies on the calendar for now, though he’s expected to hold fundraisers next week. Judge Juan Merchan set sentencing for July 11, just days before the Republican National Convention in Milwaukee, where Republican leaders who remained resolute in their support in the immediate aftermath of the verdict are expected to formally make him their nominee.

The falsifying business records charges carry up to four years behind bars, though prosecutors have not said whether they intend to seek imprisonment, and it is not clear whether the judge — who earlier in the trial warned of jail time for gag order violations — would impose that punishment even if asked. The conviction, and even imprisonment, will not bar Trump from continuing his pursuit of the White House.

Trump faces three other felony indictments, but the New York case may be the only one to reach a conclusion before the November election, adding to the significance of the outcome. Though the legal and historical implications of the verdict are readily apparent, the political consequences are less so given its potential to reinforce rather than reshape already-hardened opinions about Trump.

For another candidate in another time, a criminal conviction might doom a presidential run, but Trump’s political career has endured through two impeachments, allegations of sexual abuse, investigations into everything from potential ties to Russia to plotting to overturn an election, and personally salacious storylines including the emergence of a recording in which he boasted about grabbing women’s genitals.

In addition, the general allegations of the case have been known to voters for years and, while tawdry, are widely seen as less grievous than the allegations he faces in three other cases that charge him with subverting American democracy and mishandling national security secrets.

Even so, the verdict is likely to give President Joe Biden and fellow Democrats space to sharpen arguments that Trump is unfit for office, even as it provides fodder for the presumptive Republican nominee to advance his unsupported claims that he is victimized by a criminal justice system he insists is politically motivated against him.

Trump maintained throughout the trial that he had done nothing wrong and that the case should never have been brought, railing against the proceedings from inside the courthouse — where he was joined by a parade of high-profile Republican allies — and racking up fines for violating a gag order with inflammatory out-of-court comments about witnesses.

Republicans showed no sign of loosening their embrace of the party leader, with House Speaker Mike Johnson releasing a statement lamenting what he called “a shameful day in American history.” He called the case “a purely political exercise, not a legal one.”

The first criminal trial of a former American president always presented a unique test of the court system, not only because of Trump’s prominence but also because of his relentless verbal attacks on the foundation of the case and its participants. But the verdict from the 12-person jury marked a repudiation of Trump’s efforts to undermine confidence in the proceedings or to potentially impress the panel with a show of GOP support.

The trial involved charges that Trump falsified business records to cover up hush money payments to Stormy Daniels, the porn actor who said she had sex with the married Trump in 2006.

The $130,000 payment was made by Trump’s former lawyer and personal fixer Michael Cohen to buy Daniels’ silence during the final weeks of the 2016 race in what prosecutors allege was an effort to interfere in the election. When Cohen was reimbursed, the payments were recorded as legal expenses, which prosecutors said was an unlawful attempt to mask the true purpose of the transaction. Trump’s lawyers contend they were legitimate payments for legal services.

Trump has denied the sexual encounter, and his lawyers argued during the trial that his celebrity status, particularly during the 2016 campaign, made him a target for extortion. They’ve said hush money deals to bury negative stories about Trump were motivated by personal considerations such as the impact on his family and brand as a businessman, not political ones. They also sought to undermine the credibility of Cohen, the star prosecution witness who pleaded guilty in 2018 to federal charges related to the payments, as driven by personal animus toward Trump as well as fame and money.

The trial featured more than four weeks of occasionally riveting testimony that revisited an already well-documented chapter from Trump’s past, when his 2016 campaign was threatened by the disclosure of an “Access Hollywood” recording that captured him talking about grabbing women sexually without their permission and the prospect of other stories about Trump and sex surfacing that would be harmful to his candidacy.

Trump himself did not testify, but jurors heard his voice through a secret recording of a conversation with Cohen in which he and the lawyer discussed a $150,000 hush money deal involving a Playboy model, Karen McDougal, who has said she had an affair with Trump: “What do we got to pay for this? One-fifty?” Trump was heard saying on the recording made by Cohen.

Daniels herself testified, offering at times a graphic recounting of the sexual encounter she says they had in a hotel suite during a Lake Tahoe golf tournament. The former publisher of the National Enquirer, David Pecker, testified about how he worked to keep stories harmful to the Trump campaign from becoming public at all, including by having his company buy McDougal’s story.

Jurors also heard from Keith Davidson, the lawyer who negotiated the hush money payments on behalf of Daniels and McDougal.

He detailed the tense negotiations to get both women compensated for their silence but also faced an aggressive round of questioning from a Trump attorney who noted that Davidson had helped broker similar hush money deals in cases involving other prominent figures.

But the most pivotal witness, by far, was Cohen, who spent days on the stand and gave jurors an insider’s view of the hush money scheme and what he said was Trump’s detailed knowledge of it.

“Just take care of it,” he quoted Trump as saying at one point.

He offered jurors the most direct link between Trump and the heart of the charges, recounting a meeting in which they and the then-chief financial officer of Trump Organization described a plan to have Cohen reimbursed in monthly installments for legal services.

And he emotionally described his dramatic break with Trump in 2018, when he decided to cooperate with prosecutors after a decade-long career as the then-president’s personal fixer.

“To keep the loyalty and to do the things that he had asked me to do, I violated my moral compass, and I suffered the penalty, as has my family,” Cohen told the jury.

The outcome provides a degree of vindication for Manhattan District Attorney Alvin Bragg, who had characterized the case as being about election interference rather than hush money and defended it against criticism from legal experts who called it the weakest of the four prosecutions against Trump.

But it took on added importance not only because it proceeded to trial first but also because it could be the only one of the cases to reach a jury before the election.

The other three cases — local and federal charges in Atlanta and Washington that he conspired to undo the 2020 election, as well as a federal indictment in Florida charging him with illegally hoarding top-secret records — are bogged down by delays or appeals.

NEW YORK (AP) — A full jury of 12 people and six alternates has been seated Donald Trump’s hush money case, setting the stage for expected opening statements next week in the first criminal trial of a former U.S. president. Lawyers spent days quizzing dozens of New Yorkers to choose the panel that has vowed to put their personal views aside and impartially judge whether the presumptive Republican presidential nominee is guilty or not. The jury includes a sales professional, a software engineer, an English teacher and multiple lawyers. Just after the jury was seated, emergency crews responded to a park outside the courthouse, where a person was on fire. The person was taken away on a stretcher.

NEW YORK (AP) — A full jury of 12 people and six alternates was seated Friday (April 19, 2024) in Donald Trump’s hush money case, setting the stage for expected opening statements next week in the first criminal trial of a former U.S. president.

Lawyers spent days quizzing dozens of New Yorkers to choose the panel that has vowed to put their personal views aside and impartially judge whether the presumptive Republican presidential nominee is guilty or not. The jury includes a sales professional, a software engineer, an English teacher and multiple lawyers.

Just after the jury was seated, emergency crews responded to a park outside the courthouse, where a person was on fire. People rushed over with a fire extinguisher and worked to bat the flames away before the person was taken away on a stretcher. The person’s condition was not immediately known.

The trial will place Trump in a Manhattan courtroom for weeks, forcing him to juggle his dual role as criminal defendant and political candidate against the backdrop of his hotly contested race against President Joe Biden. It will feature salacious and unflattering testimony his opponent will no doubt seize on to try to paint him as unfit to return as commander in chief.

Trump has spent the week sitting quietly in the courtroom as lawyers press potential jurors on their views about him in a search for any bias that could preclude them from hearing the case. During breaks in the proceedings, he has lashed out about the allegations and the judge to cameras in the hallway, using his mounting legal problems as a political rallying cry to cast himself of a victim.

Over several days, dozens of members of the jury pool have been dismissed after saying they don’t believe they can be fair. Others have expressed anxiety about having to decide such a consequential case with outsized media attention. The judge has ruled that their names will be known only to prosecutors, Trump and their legal teams.

One woman who had been chosen to serve on the jury was dismissed Thursday after she raised concerns over messages she said she got from friends and family when aspects of her identity became public. On Friday, another woman broke down in tears while being questioned by a prosecutor about her ability to decide the case based only on evidence presented in court.

“I feel so nervous and anxious right now,” the woman said. “I’m so sorry. I wouldn’t want someone who feels like this to judge my case either. I don’t want to waste the court’s time.”

As more potential jurors were questioned Friday, Trump appeared to lean over at the defense table, scribbling on some papers and exchanging notes with one of his lawyers. He occasionally perked up and gazed at the jury box, including when one would-be juror said he had volunteered in a “get out the vote” effort for Hillary Clinton’s campaign.

Another prospective juror got Trump’s attention when he mentioned that he follows the White House Instagram account, including when Trump was in office. Trump shot a grin at one man who was asked if he was married and joked that he had been trying to find a wife in his spare time, but “it’s not working.”

Judge Juan Merchan is also expected to hold a hearing Friday to consider a request from prosecutors to bring up Trump’s prior legal entanglements if he takes the stand in the hush money case. Manhattan prosecutors have said they want to question Trump about his recent civil fraud trial that resulted in a $454 million judgment after a judge found Trump had lied about his wealth for years. He is appealing that verdict.

The trial centers on a $130,000 payment that Michael Cohen, Trump’s former lawyer and personal fixer, made to porn actor Stormy Daniels to prevent her claims of a sexual encounter with Trump from becoming public in the final days of the 2016 race.

Prosecutors say Trump obscured the true nature of the payments in internal records when his company reimbursed Cohen, who pleaded guilty to federal charges in 2018 and is expected to be a star witness for the prosecution.

Trump has denied having a sexual encounter with Daniels, and his lawyers argue that the payments to Cohen were legitimate legal expenses.

Trump faces 34 felony counts of falsifying business records. He could get up to four years in prison if convicted, though it’s not clear that the judge would opt to put him behind bars. Trump would almost certainly appeal any conviction.

Trump is involved in four criminal cases, but it’s not clear that any others will reach trial before the November election. Appeals and legal wrangling have caused delays in the other three cases charging Trump with plotting to overturn the 2020 election results and with illegally hoarding classified documents.

NEW YORK (AP) — A stone-faced Donald Trump has been confronted with a 34-count felony indictment accusing him in a scheme to bury allegations of extramarital affairs that arose during his first White House campaign. The arraignment Tuesday (April 4, 2023) in a Manhattan courtroom was a stunning — and humbling — spectacle for the former president. It put him face-to-face with prosecutors who bluntly accused him of criminal conduct and set the stage for a possible criminal trial in the city where he became a celebrity decades ago. Trump pleaded not guilty. Speaking later at his Mar-a-Lago estate in Florida, Trump bitterly attacked the prosecutor and the judge despite being admonished hours earlier about incendiary rhetoric.

NEW YORK (AP) — A stone-faced Donald Trump made a momentous courtroom appearance Tuesday (April 4, 2023) when he was confronted with a 34-count felony indictment charging him in a scheme to bury allegations of extramarital affairs that arose during his first White House campaign.

The arraignment in a Manhattan courtroom was a stunning — and humbling — spectacle for the first ex-president to ever face criminal charges. With Trump watching in silence, prosecutors bluntly accused him of criminal conduct and set the stage for a possible criminal trial in the city where he became a celebrity decades ago.

The indictment centers on allegations that Trump falsified internal business records at his private company while trying to cover up an effort to illegally influence the 2016 election by arranging payments that silenced claims potentially harmful to his candidacy. It includes 34 counts of fudging records related to checks Trump sent to his personal lawyer and problem-solver to reimburse him for his role in paying off a porn actor who said she had an extramarital sexual encounter with Trump years earlier.

“The defendant, Donald J. Trump, falsified New York business records in order to conceal an illegal conspiracy to undermine the integrity of the 2016 presidential election and other violations of election laws,” said Assistant District Attorney Christopher Conroy.

Trump, somber and silent as he entered and exited the Manhattan courtroom, said “not guilty” in a firm voice while facing a judge who warned him to refrain from rhetoric that could inflame or cause civil unrest. All told, the ever-verbose Trump, who for weeks before Tuesday’s arraignment had assailed the case against him as political persecution, uttered only 10 words in the courtroom. He appeared to glare for a period at Manhattan District Attorney Alvin Bragg, the prosecutor who brought the case.

As he returned to his Florida estate, Mar-a-Lago, where he delivered a primetime address to hundreds of supporters, Trump again protested his innocence and asserted on his Truth Social platform that the “hearing was shocking to many in that they had no ‘surprises,’ and therefore, no case.”

In his speech, Trump lashed out anew at the prosecution and attacked in bitter terms the prosecutor and the judge presiding over the case despite being admonished hours earlier about incendiary rhetoric. In a sign of that other probes are weighing on him, Trump also steered his speech into a broadside against a separate Justice Department investigation into the mishandling of classified documents.

“I never thought anything like this could happen in America,” Trump said of the New York indictment. “This fake case was brought only to interfere with the upcoming 2024 election and it should be dropped immediately.”

The crowd at Mar-a-Lago included supporters like failed Arizona gubernatorial candidate Kari Lake and longtime ally Roger Stone. Trump’s wife, Melania, was absent from his side and was also not seen with him in New York.

Even so, the indictment amounts to a remarkable reckoning for Trump after years of investigations into his personal, business and political dealings. It shows how even as Trump is looking to reclaim the White House in 2024, he is shadowed by investigations related to his behavior in the two prior elections, with prosecutors in Atlanta and Washington scrutinizing efforts by Trump and his allies to undo the 2020 presidential election — probes that could produce even more charges.

In the New York case, each count of falsifying business records, a felony, is punishable by up to four years in prison — though it’s not clear if a judge would impose any prison time if Trump is convicted. The next court date is Dec. 4 — two months before Republicans begin their nominating process in earnest — and Trump will again be expected to appear.

A conviction would not prevent Trump from running for or winning the presidency in 2024.

The arraignment also delved into Trump’s rhetoric on the case, with prosecutors at one point handing printouts of his social media posts to the judge and defense lawyers as Trump looked on. Supreme Court Judge Juan Merchan did not impose a gag order but told Trump’s lawyers to urge him to refrain from posts that could encourage unrest.

The broad contours of the case have long been known, focusing on a scheme that prosecutors say began months into his candidacy in 2015, as his celebrity past collided with his presidential ambitions.

Though prosecutors expressed confidence in the case, a conviction is no sure thing given the legal complexities of the allegations, the application of state election laws to a federal election and prosecutors’ likely reliance on a key witness, Trump’s former lawyer and fixer Michael Cohen, who pleaded guilty in 2018 to false statements.

It centers on payoffs to two women, porn star Stormy Daniels and Playboy model Karen McDougal, who said they had extramarital sexual encounters with Trump years earlier, as well as to a Trump Tower doorman who claimed to have a story about a child he alleged the former president had out of wedlock.

“It’s not just about one payment. It is 34 false statements and business records that were concealing criminal conduct,” Bragg told reporters, when asked how the three separate cases were connected.

All 34 counts against Trump are linked to a series of checks that were written to Cohen to reimburse him for his role in paying off Daniels. Those payments, made over 12 months, were recorded in various internal company documents as being for a legal retainer that prosecutors say didn’t exist. Cohen testified before the grand jury and is expected to be a star prosecution witness.

Nine of those monthly checks were paid out of Trump’s personal accounts, but records related to them were maintained in the Trump Organization’s data system.

Prosecutors allege that the first instance of Trump directing hush money payments came in the fall of 2015, when a former Trump Tower doorman was trying to sell information about an alleged out-of-wedlock child fathered by Trump.

David Pecker, a Trump friend and the publisher of the National Enquirer, made a $30,000 payment to the doorman to acquire the exclusive rights to the story, pursuant to an agreement to protect Trump during his presidential campaign, according to the indictment. Pecker’s company later determined the doorman’s story was false, but is alleged to have enforced the doorman’s confidentiality at Cohen’s urging until after Election Day.

Trump denies having sexual liaisons with both Daniels and McDougal and has denied any wrongdoing involving payments.

Tuesday’s schedule, with its striking blend of legal and political calendar items, represents the new split-screen reality for Trump as he submits to the dour demands of the American criminal justice system while projecting an aura of defiance and victimhood at celebratory campaign events.

Wearing his signature dark suit and red tie, Trump turned and waved to crowds outside the building before heading inside to be fingerprinted and processed. He arrived at court in an eight-car motorcade from Trump Tower, communicating in real time his anger at the process.

“Heading to Lower Manhattan, the Courthouse,” he posted on his Truth Social platform. “Seems so SURREAL — WOW, they are going to ARREST ME. Can’t believe this is happening in America. MAGA!”

Afterward, Trump lawyer Todd Blanche told reporters that it was a “sad day for the country.”

“You don’t expect this to happen to somebody who was president of the United States,” he said.