Topline
Manhattan District Attorney Alvin Bragg’s office has asked former President Donald Trump to testify before a grand jury investigating a hush money payment to a porn star in the final stretch of the 2016 presidential campaign, according to the New York Times, in a strong signal that an indictment against the ex-president is near.
Then-President Donald Trump holds a joint news conference with Lebanese Prime Minister Saad Hariri … [+]
Key Facts
It’s not clear if Trump will accept the offer, though it’s rare for prospective defendants to testify, according to the Times report, which cited four unnamed sources “with knowledge of the matter.”
The case centers around a $130,000 payment then-Trump fixer Michael Cohen made to porn star Stormy Daniels in an apparent attempt to keep her from going public with details of an alleged affair she had with Trump before he ran for office.
Prosecutors appear likely to argue the Trump Organization illegally reimbursed Cohen the $130,000 through identifying the payment as legal expenses—as falsifying business records is a misdemeanor offense in New York.
They may also argue the payment was a felony violation of campaign finance law since the cash to allegedly kill the story may have functioned as an illegal donation to help the Trump campaign, though that is the subject of legal debate.
A spokesman for Trump’s 2024 campaign did not immediately respond to a request for comment from Forbes.
Surprising Fact
Daniels went public with the alleged affair in 2018, arguing she had a right to do so since Trump did not personally sign her non-disclosure agreement. Trump has denied the affair ever took place. Cohen pleaded guilty to eight felony counts in August 2018—including a campaign finance charge over negotiating the NDA. Cohen agreed to void the NDA the following month.
Key Background
Trump’s potential indictment could send shockwaves across the 2024 presidential campaign, as prominent Republicans—including Florida Gov. Ron DeSantis and former Vice President Mike Pence—mull entering the race. It could also be the first domino to fall in what could end up being a string of criminal charges against the former president, following years of investigations and mounting legal pressures. Trump is facing a federal special counsel investigation looking into his role in the January 6 storming of the Capitol and his potential mishandling of classified government records, while a Georgia special grand jury recently wrapped up a probe into Trump’s efforts to overturn the state’s 2020 election results. Trump is also facing criminal investigations into his business practices in New York state related to alleged financial fraud. Trump has been accused of illegally inflating his assets to secure loans from banks while downplaying them to save money on tax bills.
Further Reading
Prosecutors Signal Criminal Charges for Trump Are Likely (New York Times)
How the Stormy Daniels payment may have violated election law (Washington Post)
Trump’s Golf Club Now Faces Criminal Investigation—As Legal Troubles Mount For Former President (Forbes)
Attorney General Garland Appoints Special Counsel To Determine If Trump Faces Charges (Forbes)
Source: https://www.forbes.com/sites/nicholasreimann/2023/03/09/trump-expected-to-be-criminally-charged-in-new-york-report-says/