The trial of former U.S. President Donald Trump centers on whether he falsified business records to conceal a $130,000 hush money payment made by his lawyer, Michael Cohen, to adult film star Stormy Daniels (real name Stephanie Clifford) ahead of the 2016 presidential election. The key question is whether Trump intended to influence the election by covering up an alleged sexual encounter with Daniels.
Prosecutors in Manhattan District Attorney Alvin Bragg’s office claim Trump falsely recorded his 2017 reimbursement of Cohen as legal expenses in his company’s books to cover up the hush money payment. They consider the payment an illegal campaign contribution and argue that Trump’s intent was to influence the election.
Trump’s defense, on the other hand, contends that the payment was a personal expense meant to spare Trump and his family embarrassment. Trump’s lawyers argue that his reimbursement to Cohen was in the form of monthly legal retainers. They also emphasize that accounts of extramarital affairs could have harmed the reputations of Trump and his family regardless of his candidacy, suggesting the payment was not a campaign contribution.
The credibility of Michael Cohen, Trump’s former lawyer and fixer, is a critical aspect of the trial. Cohen previously pleaded guilty in 2018 to violating campaign finance laws by paying Daniels, which he testified Trump directed him to do. Trump has branded Cohen a serial liar, and his lawyers argue that Cohen is falsely implicating Trump to promote his own interests.
Prosecutors may attempt to establish a pattern of behavior involving “catch and kill” schemes to bury negative stories about Trump before the election. This could include corroborating Cohen’s testimony with other witnesses, such as former AMI chief executive David Pecker, regarding a $150,000 hush money payment arranged from tabloid publisher American Media Inc to Playboy model Karen McDougal.
The trial could involve Trump testifying in his own defense, which would subject him to cross-examination by prosecutors. This is a risky move, but it may be necessary for Trump to convince jurors that the payment was personal and not related to his presidential campaign.
