麻豆影视

World

    • Donald Trump hush-money case raises thorny legal issues

    Share
    NEW YORK -

    The cover-up is worse than the crime, the expression goes. And in the hush money case against Donald Trump, prosecutors say the cover-up made the crime worse.

    In an indictment and other documents unsealed Tuesday, prosecutors say Trump falsified records about three payoffs in order to keep potentially damaging stories from coming to light as he campaigned for the presidency in 2016. Manhattan District Attorney Alvin Bragg said it was Trump's effort to cover up crimes related to that election that allowed prosecutors to charge the 34 counts as felonies.

    The indictment, however, raises thorny issues about state and federal law that could provide openings for the defense to try to get the changes tossed before the case even gets to trial.

    "The bottom line is that it's murky," said Richard Hasen, an expert in election law and professor at the University of California, Los Angeles law school. "And the district attorney did not offer a detailed legal analysis as to how they can do this, how they can get around these potential hurdles. And it could potentially tie up the case for a long time."

    Trump, a candidate for the Republican presidential nomination in 2024, says he did nothing wrong and that the case is a political persecution. In remarks from his Florida home just a few hours after his court appearance, he said, "This fake case was brought only to interfere with the upcoming 2024 election and it should be dropped immediately."

    In the end, the case isn't about the tawdry details of the hush money payment to porn actor, Stormy Daniels. It's also not about Trump's acrimonious relationship with his onetime lawyer-turned-government witness, Michael Cohen.

    It's allegedly about a presidential candidate using his money and influence to bury potentially damaging stories that might make voters choose a political rival, particularly as Trump's reputation was suffering at the time from comments he had made about women.

    Falsifying business records can be charged as a misdemeanor, a lower-level crime that would not normally result in prison time. It rises to a felony -- which carries up to four years behind bars -- if there was an intent to commit or conceal a second crime. Bragg said his office routinely brings felony false business records cases.

    In Trump's case, Bragg said the phony business records were designed to cover up alleged state and federal election law violations. The US$130,000 payment to Daniels exceeded the federal cap on campaign contributions, Bragg said. He also cited a New York election law that makes it a crime to promote a candidate by unlawful means.

    "That is what this defendant did when he falsified business records in order to conceal unlawful efforts to promote his candidacy, and that is why we are here," one of the case prosecutors, Chris Conroy, told the judge Tuesday.

    Prosecutors filed a "statement of facts" that told their story of a scheme to protect Trump's presidential prospects by buying and suppressing unflattering information about him. Still, some legal observers were surprised that the indictment itself wasn't more specific about how each of the charges was elevated to a felony.

    "There are an awful lot of dots here which it takes a bit of imagination to connect," said Richard Klein, a Touro Law Center criminal law professor. Bragg said the indictment doesn't specify the potential underlying crimes because the law doesn't require it. But given the likelihood of Trump's lawyers challenging it, "you'd think they'd want to be on much firmer ground than some of this stuff," said Klein, a former New York City public defender.

    Hasen said it's not clear whether candidates for federal office can be prosecuted in cases involving state election laws. The defence may also argue the case can't be brought in state court if it involves a federal election law.

    Prosecutors, however, also alluded to another accusation involving tax law: that Trump's scheme included a plan to mischaracterize the payments to Cohen as income to New York tax authorities.

    "They did talk about tax crimes, and I think that could be potentially more compelling for the jury," Renato Mariotti, a former federal prosecutor, said on ABC News. "It's a safer bet than the campaign finance crimes."

    Bragg is "going to bring in witnesses, he's going to show a lot of documentary evidence to attempt to demonstrate that all these payments were in furtherance of the presidential campaign," said Jerry H.Goldfeder, a veteran election lawyer in New York and the director of Fordham Law School's Voting Rights and Democracy Project.

    "It remains to be seen if he can prove it beyond a reasonable doubt," Goldfeder said. But, he added, "Do not underestimate District Attorney Alvin Bragg and do not overestimate Mr. Trump."

    Trump's lawyers have painted him as a victim of extortion who had to make the payments to prevent false and embarrassing information from coming out. They say the payments had nothing to do with the campaign.

    It's similar to an argument made by former North Carolina Sen. John Edwards, the Democrat accused of funneling nearly $1 million in under-the-table campaign contributions in an effort to conceal his pregnant lover during his 2008 run for president. Edwards argued the payments were a personal matter, intended to keep the matter secret from his wife. A jury acquitted him on one charge and deadlocked on other counts. He wasn't retried.

    The New York case is just one of many legal worries for Trump.

    Georgia prosecutors are investigating Trump's attempts by Trump and his allies to overturn his 2020 election loss in in the state. Federal prosecutors are investigating whether classified documents were criminally mishandled at Trump's Florida home, as well as efforts by Trump and his allies to undo the results of the presidential election.

    "Bringing a failed prosecution is just going to enable him to claim that it's a witch hunt," Hasen said of Trump. "And it might convince some people that all of the potential criminal cases against Trump are full of spurious claims, whereas I think the other potential cases involving classified documents, the 2020 election, seem much stronger both legally and factually."

    Trump's lawyers are certain to attack the credibility of Cohen, a convicted liar who is far from the ideal prosecution witness. The disbarred attorney has said that Trump directed him to arrange the payment of hush money to fend off damage to Trump's White House bid.

    Cohen has admitted in court to lying before, and Trump's lawyers will no doubt try to use that to their advantage. Cohen pleaded guilty in 2018 to lying to Congress to cover up that he was negotiating the Moscow Trump Tower project on Trump's behalf during his presidential campaign. Cohen pleaded guilty in a parallel federal case to campaign finance violations and other charges in connection to the hush money payments.

    After federal prosecutors declined to file charges against Trump in the hush money case, a former law enforcement official told The Associated Press that prosecutors harbored concerns over the reliability of Cohen as a witness. Federal prosecutors believed it was far from clear that Trump could be convicted of a campaign finance crime, even if a jury believed Cohen's allegations that he directed the hush money payments.

    Trump has already indicated he may try to have the case moved out of Manhattan, writing on social media Tuesday that it should be held in Staten Island. He called that borough -- which is more conservative than the rest of New York City -- "A VERY FAIR AND SECURE LOCATION."

    Trump may also argue that the statute of limitations -- which is five years for most felonies in New York -- has run out because the hush money payments and Cohen's reimbursements happened before then.

    There were some extensions during the pandemic, and state law also can stop the clock when a potential defendant is continuously outside the state. Trump visited New York rarely over the four years of his presidency and now lives mostly in Florida and New Jersey. His lawyers could question whether the timeout applies to elected officials serving in Washington.

    "This case has some very good issues for the defence to litigate," said Duncan Levin, a New York City defense lawyer and former Manhattan prosecutor. "It's not an open-and-shut case by any means."

    --------

    Richer reported from Boston and Long reported from Washington. AP White House Correspondent Zeke Miller contributed to this report.

    ------

    EDITOR'S NOTE -- Alanna Durkin Richer has written for The Associated Press for more than a decade and covered legal affairs for more than five years; Colleen Long covers the White House for the AP and covered crime and courts in New York for more than a decade; Jennifer Peltz has covered New York for 16 years for the AP, including several years specializing in Manhattan's criminal courts.

    CTVNews.ca Top Stories

    Why brain aging can vary dramatically between people

    Researchers are uncovering deeper insights into how the human brain ages and what factors may be tied to healthier cognitive aging, including exercising, avoiding tobacco, speaking a second language or even playing a musical instrument.

    The union representing some 1,200 dockworkers at the Port of Montreal has overwhelmingly rejected a deal with their employers association.

    A man who was critically injured in a police-involved shooting in Hamilton late Sunday afternoon has died in hospital, says the province鈥檚 police watchdog.

    Canada

    World

    Politics

    • Murray Sinclair鈥檚 family members say the late justice and senator has been laid to rest according to his wishes.

    • Prime Minister Justin Trudeau announced voters in Cloverdale鈥擫angley City will pick their next member of Parliament on Dec. 16.

    Health

    Sci-Tech

    Entertainment

    Business

    Lifestyle

    Sports

    Autos

    Local Spotlight

    For the second year in a row, the 鈥楪ift-a-Family鈥 campaign is hoping to make the holidays happier for children and families in need throughout Barrie.

    Some of the most prolific photographers behind CTV Skywatch Pics of the Day use the medium for fun, therapy, and connection.

    A young family from Codroy Valley, N.L., is happy to be on land and resting with their newborn daughter, Miley, after an overwhelming, yet exciting experience at sea.

    As Connor Nijsse prepared to remove some old drywall during his garage renovation, he feared the worst.

    A group of women in Chester, N.S., has been busy on the weekends making quilts 鈥 not for themselves, but for those in need.

    A Vancouver artist whose streetside singing led to a chance encounter with one of the world's biggest musicians is encouraging aspiring performers to try their hand at busking.

    Ten-thousand hand-knit poppies were taken from the Sanctuary Arts Centre and displayed on the fence surrounding the Dartmouth Cenotaph on Monday.

    A Vancouver man is saying goodbye to his nine-to-five and embarking on a road trip from the Canadian Arctic to Antarctica.

    • Weather watchers were treated to an exceptionally rare display on Friday evening as rare cloud formations filled Vancouver skies.

    • For some shoppers it was Nov. 1, but for others the first hints of Christmas - saccharine treats, festive-fragranced candles and gaudily wrapped gift sets - were being noticed in stores long before the final Halloween decor had been cleared.

    • Thousands of people are expected to gather in downtown Vancouver on Monday to observe the city鈥檚 100th Remembrance Day ceremony.

    • Toronto is expected to see an economic boost to the tune of nearly $300 million thanks to Taylor Swift鈥檚 upcoming Eras Tour, which will be making a stop in Canada鈥檚 largest city for a six-show run later this month.

    • One man was transported to hospital early Monday morning after a stabbing in the northwest end of the city, Toronto police say.

    • Calgarians will be observing Remembrance Day at a number of different ceremonies across the city, including at the Hangar Flight Museum.

    • A pair of 105-mm howitzers bark constantly as they turn plywood tank targets into kindling kilometres away on the windswept landscape of one of Canada's largest military bases.

    • NEW THIS MORNING

      NEW THIS MORNING

      An Ottawa boy with a rare disease will be getting the chance to see Taylor Swift in concert after the winner and organizers of an auction held on his behalf gifted the tickets to him.

    • CTVNewsOttawa.ca looks at Remembrance Day ceremonies in Ottawa.

    • After months of controversy surrounding a dog park in Ottawa's west end, a solution has been reached to divide the park in half.

    • The employers association at the Port of Montreal locked out nearly 1,200 longshore workers, bringing a halt to traffic at the port.

    • An elementary school in Greenfield Park on Montreal鈥檚 South Shore is closed after it was the target of an alleged arson attack.

    • Though most businesses are expected to be open on Remembrance Day, there are some establishments that will be closed to commemorate the holiday.

    • Monday is Remembrance Day, a time to honour armed forces members who have died in the line of duty.

    • Boasting 2,300 square metres of skating space at its new location, Edmonton's Rollers Roller Rink believes it is the largest in Canada.

    • A Cape Breton senior recalls her life in German-occupied France, and her mother鈥檚 death, during the Second World War.

    • It's been a trip to cherish for a group of Canadians visiting Belgium this week to honour the legacy of Indigenous soldiers.

    • A pillar in Canada鈥檚 history was honoured in Winnipeg Sunday afternoon, with thousands showing up to pay tribute to the life and legacy of the late Murray Sinclair.

    • Winnipeg police have identified two men involved in a stabbing incident earlier this week.

    • There will be two ceremonies taking place in Regina for Remembrance Day, hosted by the Royal Canadian Legion.

    • Regina author Valerie Crowther is celebrating the release of her book 鈥榃ar Letters: Linking Lives in the Second World War.鈥

    • It was a somber day at Mosaic Stadium as members of the Saskatchewan Roughriders officially cleaned out their stalls and closed the book on the 2024 season.

    • A man has been charged after a stabbing at an apartment building in Kitchener.

    • The Guelph Police Service is putting out a warning after two deaths in the downtown area.

    • Two new tributes to Canada鈥檚 veterans have been unveiled at the Elmira Cenotaph.

    • Saskatchewan RCMP are searching for a suspect after a man was seriously injured in a farm-related incident in Montreal Lake.

    • It was a somber day at Mosaic Stadium as members of the Saskatchewan Roughriders officially cleaned out their stalls and closed the book on the 2024 season.

    • The Regina Rams claimed the Hardy Cup after a hard fought battle against the Saskatoon Huskies 19-14 on Saturday in the first all Saskatchewan U-Sports western conference final since 2002.

    • Emergency crews responded to the scene on Road 68/Highway 2 east of Thamesford around 7 p.m.

    • On Friday, the Sarnia Police Service (SPS) received a report of an alleged abduction in the area of Kathleen Avenue and Walnut Avenue.

    • 11 AM:WATCH LIVE

      11 AM:WATCH LIVE

      The events will start at 10:15 a.m. with a parade that forms up in front of the Delta London Armories, marches east on Dundas Street and turns north onto Waterloo Street to Dufferin Avenue, the west to the Cenotaph.

    • A group of former NHL players faced off against York Regional Police officers in Newmarket Sunday afternoon to raise funds for Special Olympics programs across the province.

    • A driver is facing multiple charges after a multi-vehicle collision on Highway 400 early Sunday morning.

    • The agreed statement of facts was read to the court on Friday in the case of Alex Williams, the 24-year-old jail guard charged last fall with smuggling cannabis and tobacco into Central North Correctional Centre in Penetanguishene.

    • 11 AM:WATCH LIVE

      11 AM:WATCH LIVE

      Representatives of the Windsor Veterans Memorial Services Committee, military representatives, wreath bearers, government officials, and members of the public will attend the Cenotaph at City Hall Square for the outdoor service.

    • One person has been arrested after Chatham-Kent Police Service (CKPS) received multiple complaints about an alleged drunk driver.

    • More details have been released about a police investigation at the Ambassador Bridge that connects Windsor, Ont. and Detroit, MI.

    • Environment Canada says heavy rain and winds could cause power outages on Vancouver Island as an "intense" storm system is set to hit the B.C. coast Sunday.

    • Six deer were struck by vehicles in six different locations in a six-hour period on B.C. highways on Saturday, according to the transportation ministry.

    • The union for locked-out port workers in British Columbia says the BC Maritime Employers Association cut off talks in less than an hour Saturday, refusing to budge on a final offer that the union has so far rejected.

    • The emergency department at South Okanagan General Hospital in Oliver, B.C., will be closed for 31 hours this weekend, the second such closure in a week and the third since the start of November.

    • Police in Kamloops, B.C., are reminding parents and guardians to check their children's Halloween candy after receiving a report of a mother finding a razor blade in one of her daughter's treats.

    • More than two years after Alannah Brown and Douglas Barker were found dead north of Penticton, police are asking for help identifying a vehicle they believe was associated with the crime.

    • The Southern Alberta Recreation Association is officially announcing the Town of Taber as next year鈥檚 host for the Southern Alberta Summer Games.

    • The Lethbridge Hurricanes broke open a close game with three goals in the first two minutes of the third period as they defeated the Warriors 7-3 in a game played Friday night in Moose Jaw.

    • There might not a lot snow just yet, but many southern Albertans are still itching to get outdoors.

    • Police have arrested a 15-year-old in connection with a break-in and $50,000 in damage done to the Centennial Arena in Elliot Lake in September.

    • Mayors of the five largest cities in northern Ontario met in North Bay the last two days to discuss a range of critical issues impacting their cities and the region.

    • Residents in the Sault expressed concerns ranging from vandalism to privacy invasions during recent consultations on the city's plan to install automated speed enforcement cameras.

    N.L.

    Shopping Trends

    The Shopping Trends team is independent of the journalists at 麻豆影视. We may earn a commission when you use our links to shop.聽Read about us.

    Stay Connected
    Follow 麻豆影视