Prosecutors clarified in court the unstated crime they allege former President Donald Trump intended to conceal, which was not clearly specified in the indictment, according to multiple reports.
When Manhattan District Attorney District Attorney indicted Trump on 34 counts last April for allegedly falsifying business documents in connection to $130,000 paid to keep porn star Stormy Daniels quiet about her claims of an affair, he elevated what is typically a misdemeanor charge to a felony by arguing it was done to conceal another crime, which they failed to specify. In court Tuesday, prosecutors clarified that the crime Trump sought to conceal by allegedly falsifying business records was a violation of a state election law, according to multiple reports.
The statute, New York Election Law § 17-152, makes it a misdemeanor for any two or more people to “conspire” to influence an election using “unlawful means.”
During the arguments, the DA’s Office signposts that New York Election Law 17-152, which prohibits conspiracies to promote the election of a specific candidate through unlawful means, is the crime that Trump was intending to commit or conceal.
— Katie Phang (@KatiePhang) April 23, 2024
Prosecutor Josh Steinglass’s clarification came after Trump attorney Emil Bove objected to prosecutors’ line of questioning, noting there was no conspiracy charge listed in the indictment, according to multiple reports. Steinglass had been questioning witness David Pecker, former publisher of the National Enquirer, on his relationship with former Trump administration official Steve Bannon. (RELATED: ‘This Is Embarrassing’: Turley Says He Is In ‘Utter Disbelief’ Over Bragg Trial Opening Statements)
During opening arguments Monday, prosecutor Matthew Colangelo argued that Trump’s alleged reimbursement of former attorney Michael Cohen for the $130,000 paid to Daniels was part of a broader “conspiracy” to influence the 2016 election. He highlighted three “catch and kill” deals Trump allegedly organized with Cohen and Pecker to prevent the release of damaging stories.
Merchan says we’re moving on, but agrees with the government and references the three theories he will allow the prosecution to pursue re: the predicate. Here they are, as a reminder.
Full order: https://t.co/zdrlScVJBU pic.twitter.com/5Ili8Dmi0Z
— Tyler McBrien (@TylerMcBrien) April 23, 2024
Judge Juan Merchan previously permitted prosecutors to proceed with the case under three theories: that Trump’s falsified business records to conceal a violation of federal election law, to conceal intent to violate state election law or to conceal intent to violate a state tax law. Tuesday’s remarks are the first time prosecutors have clearly stated they definitively identified the specific crime.
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