Trump Hush Money Trial Enters Third Week, Strategy to ‘Deny, Deny, Deny’

Updated May 6, 2024, 11:00 a.m. EST

• The criminal trial to determine whether Trump is guilty of falsifying records to cover up a sex scandal is entering its third week. Prosecutors say Trump falsified the records to conceal his reimbursement to Michael D. Cohen for hush money given to adult film star Stormy Daniels.
• Trump's former press secretary and White House communications director Hope Hicks spoke on the deep anxiety that was felt throughout Trump's 2016 campaign after the "Access Hollywood" tape resurfaced. Hicks said her strategy with other senior Trump aides throughout the campaign was to "deny, deny, deny."
• Judge Juan M. Merchan has held two hearings thus far on whether or not Trump is in violation of the gag order, prohibiting him from attacking witnesses, jurors, court staff, and more. Merchan has already fined Trump $9,000 for nine violations and threatened him with time in jail if he continues violating the order. The judge said:

"This court will have to consider a jail sanction. At the end of the day, I have a job to do. Part of that job is to protect the dignity of the justice system."

• Stormy Daniels and Michael Cohen are expected to take the stand in the next stage of the trial.

Updated Apr. 15, 2024, 9:30 a.m. EST

• Today marks the beginning of the first criminal trial of an American president, as Donald Trump faces 34 felony charges accusing him of falsifying documents to conceal an affair with pornographic film star Stormy Daniels and hush money paid to her by lawyer Michael D. Cohen.
• Jury selection for the trial starts today, which could take more than two weeks. After that, the trial could go until June. 
• Trump has denied the sexual encounter and may take the witness stand during the trial to defend himself. Judge Juan M. Merchan has already imposed a gag order, restricting the former president from attacking witnesses, prosecutors, jurors, and Merchan's own family. 

Updated Feb. 15, 2024, 11:45 a.m. EST

• A New York judge ruled that Donald Trump's hush money trial will begin jury selection on Mar. 25, declining to push back the trial after urgings from Trump's defense lawyers. 
• This will be the first of four criminal prosecutions against Trump to go to trial. It's expected to last up to six weeks, according to Judge Juan Manuel Merchan. 
• Trump's lawyers are adamantly against this trial date, citing the presidential candidate's campaign schedule. Defense lawyer Todd Blanche said:

"It is completely election interference to say 'you are going to sit in this courtroom in Manhattan,' when there is no reason. What about his rights."

• Trump said:

"How can you run for election if you're sitting in a courthouse in Manhattan all day long? I'm supposed to be in South Carolina now."

• Observers have noted that Trump has repeatedly attended court proceedings where his presence was not required.

Updated April 5, 2023

• After he was charged with 34 felony counts, Trump addressed his supporters from Mar-a-Lago, saying:

"Our country is going to hell. The world is already laughing at us - for our open borders and the withdrawal of troops from Afghanistan."

• He continued:

"The only crime that I have committed is to fearlessly defend our nation from those who seek to destroy it."

• He chastised the country:

We are a nation in decline. And now these radical left lunatics want to interfere with our elections by using law enforcement. We can't let that happen." 

Updated 4:00pm EST

• Trump was charged with 34 felony counts of falsifying business records in the first degree and pleaded not guilty to all counts. 
• The charges are class E felonies, the lowest category carrying a maximum prison sentence of four years each. Falsifying business records under New York law is normally a misdemeanor, but prosecutors can escalate the charge if the accused falsified the records to commit or hide another crime. 
• Trump did not have to post bail as new policies don't require it for most misdemeanors or nonviolent felonies. 
• State Supreme Court Justice Juan M. Merchan adjourned the case until an unspecified date, likely months from now. 
• Manhattan DA, Alvin L. Bragg, assures the public that his politics will not play a role in the case. He added:

"Manhattan is home to the country's most significant business market. We cannot allow New York businesses to manipulate their records to cover up criminal conduct."

• Read the full indictment of Donald Trump here. 

Updated 2:00pm EST

• Trump turned himself in at the district attorney's office in Lower Manhattan, escorted by an 11-vehicle motorcade. He will be fingerprinted while in custody before he appears before the court to be formally arraigned.
• Rep. Marjorie Taylor Greene gave a brief speech across from the courthouse. Before being swarmed by conservative supporters and escorted out by NYPD, Greene said:

"We are here to peacefully protest against the persecution of an innocent man. Not just any innocent man, this is the former president of the United States of America."

• Rep. Jamaal Dowman (D-NY) made an appearance after the rally, saying: 

"Do your freaking job, Marjorie Taylor Greene. You don't need to be in New York City talking that nonsense. Go back to your district."

Updated April 4, 2023, 10:30am EST

• Donald Trump is expected to appear today in a Manhattan courtroom and plead not guilty to the 30+ criminal charges he faces. New York City police officers are preparing for the high-profile event, putting fences around the courthouse and Trump Tower.
• Rep. George Santos (R-NY) arrived in New York for the pro-Trump demonstration at Collect Pond Park, outside the criminal court. City law enforcement created spaces for pro and anti-Trump protesters to stand away from each other. 
• Journalists started lining up for the event more than 24 hours in advance in an attempt to report on an unprecedented moment in American history. 
• Trump is not expected to be handcuffed or have a mugshot taken. Mugshots are meant to help authorities identify and find a defendant if they flee, which Trump is not expected to do. In New York state, law enforcement officials have discretion over whether or not to take a mugshot. 

Updated April 3, 2023

• Trump is traveling from Florida to New York today as he prepares to appear in court tomorrow. U.S. Secret Service is conducting heavy security outside the lower Manhattan court building. 
• One of Trump's advisors claims the former president has raised $7 million since the news of the indictment was released. Trump rallied his supporters, claiming the Manhattan DA's investigation was a "witch hunt." He asked the judge to block cameras in the courtroom after several major media outlets requested access to broadcast the hearing. 
• As protests are being planned for tomorrow, police are heavily patrolling the streets outside the Trump Tower. Rep. Marjorie Taylor Greene (R-GA) is expected to headline a rally led by the New York Young Republican Club.
• New York Mayor Eric Adams spoke at a press conference this morning, encouraging all protesters to remain peaceful, including Rep. Greene. He said: 

"While there may be some rabble-rousers thinking about coming to our city tomorrow, our message is clear and simple: control yourselves. New York City is our home, not a playground for your misplaced anger."

Updated March 31, 2023

• Trump is facing over 30 criminal charges related to alleged business and document fraud. The former president is scheduled to appear in Manhattan court next Tuesday, April 4. 
• His lawyers say he will not be handcuffed for his court appearance and will plead not guilty to the charges. His defense attorney, Joe Tacopina, said the team plans to "aggressively" challenge the "legal viability" of the case. 

Updated March 30, 2023

• A Manhattan grand jury voted Thursday to indict Former President Donald Trump for his role in paying hush money to pornographic film star Stormy Daniels during the 2016 election.
• While the exact charges are not known at this time, Trump is the first former or current president to be indicted.
• The indictment is currently sealed and will be released in the coming days.
• Manhattan District Attorney Alvin Bragg is reaching out to Trump's lawyers to discuss the former president's surrender and arraignment. 
• An indictment would not bar Trump from his current presidential bid, nor would it impact a possible second term in office. The Constitution makes no mention of a criminal record in its eligibility requirements for president.   
• Michael Cohen, the key witness in the case, and a former lawyer for Trump, said in a statement:

“For the first time in our Country’s history, a President (current or former) of the United States has been indicted. I take no pride in issuing this statement and wish to also remind everyone of the presumption of innocence; as provided by the due process clause. However, I do take solace in validating the adage that no one is above the law; not even a former President. Today’s indictment is not the end of this chapter; but rather, just the beginning. Now that the charges have been filed, it is better for the case to let the indictment speak for itself. The two things I wish to say at this time is that accountability matters and I stand by my testimony and the evidence I have provided to DANY.”

This is a breaking story and will be updated.

Updated March 23, 2023

• NYC prosecutors said Trump created a false expectation of his indictment, leading his supporters to interfere with the investigation of his payment to Stormy Daniels. As the Manhattan district attorney's probe nears its final stages, Trump remains resistant, claiming he is "100% INNOCENT" on his social media site, Truth Social.
• The Manhattan grand jury will not meet on Trump's case when it convenes today, pushing the inquiry to next week.
• Manhattan DA Alvin Bragg accused Republicans in the House of launching "an unprecedented inquiry into a pending local prosecution." General counsel Leslie Dubeck said the GOP's prod for information "only came after Donald Trump created a false expectation that he would be arrested the next day and his lawyers reported urged [them] to intervene." Dubeck called their claims politically motivated and "unfounded."
• New York officials are still bracing for potential protests and unrest if the arrest occurs. So far this week, Trump supporters have been outnumbered by those in support of the indictment. 

What’s the story?

• Former President Donald Trump expects to be arrested on Tuesday, March 21, for one of the five accusations against him currently being investigated. 
• The latest indictment, led by Manhattan District Attorney Alvin Bragg, examines whether Trump and his company broke state laws by giving Stephanie Clifford, the adult film star Stormy Daniels, hush money after a sexual encounter in 2006. Despite continuously denying the claim, his company paid Clifford $130,000 for her silence during Trump’s 2016 presidential campaign. 
• Former prosecutor Mark Pomerantz said Trump’s company falsely hid the payments as legal fees, which violates New York criminal law. Michael Cohen, Trump’s longtime personal attorney, pleaded guilty to federal charges in 2018 on the arranged payments that Trump told him to make. Trump could be held responsible for the false records. 

What happens next?

• While the rumor that Trump will be arrested started with him, several media outlets reported that law enforcement in New York is making security preparations for the indictment but said the event would arrive “in the coming weeks.”
• It is ultimately up to Bragg whether or not to press charges against the former president. The Manhattan District Attorney’s Office declined to comment on the rumored arrest. 
• If Bragg does press charges, coordination between Trump’s lawyers, the Secret Service, and local law officials would be necessary. The former president would likely appear in New York court for an arraignment, which would be complicated by public attention. 

What would happen if Trump is arrested?

• Since posting about his arrest, Trump has encouraged his supporters to protest if it comes to fruition. He wrote on Truth Social, telling his followers to protest and “take our nation back,” as well as: 

“We just can’t allow this anymore. They’re killing our nation as we sit back and watch.”

• The threats are being taken very seriously as many compare Trump’s words to those that led to the Jan. 6 attack on the U.S. Capitol in 2021. In response to the threat, Bragg wrote an email to his employees saying, "we do not tolerate attempts to intimidate our office or threaten the rule of law in New York.” Bragg continued to assure his staff that their safety was his first priority. 
• Many Republicans are also attempting to discourage protests. House Speaker Kevin McCarthy (R-CA) said he does not think people should protest the arrest and believes Trump feels the same way. However, McCarthy and other GOP leaders are defending Trump. McCarthy tweeted: 

Here we go again — an outrageous abuse of power by a radical DA who lets violent criminals walk as he pursues political vengeance against President Trump.

I’m directing relevant committees to immediately investigate if federal funds are being used to subvert our democracy by… https://t.co/elpbh7LeWn

— Kevin McCarthy (@SpeakerMcCarthy) March 18, 2023

Do you think the Manhattan DA should press charges against Trump?

-Jamie Epstein & Josh Herman