Trump’s New York Criminal Case Faces Crucial Test
Trump’s Criminal Case
The first of four criminal cases against Donald Trump expected to go to trial faces a major test next week. A New York judge is set to rule on the Republican former U.S. president’s bid that the case be tossed because it is partisan and not covered by state law.
Trump’s Trial
Trump, the frontrunner for the 2024 Republican presidential nomination, is scheduled to go on trial in state court in Manhattan starting March 25 on charges of falsifying business records to cover up a hush money payment to a porn star before the 2016 election.
Legal Proceedings
On Feb. 15, Justice Juan Merchan is set to rule on Trump’s motion to dismiss the 34-count indictment. Trump has pleaded not guilty and argued the case should be tossed because it was brought for partisan purposes and because state laws do not apply to federal elections.
Upcoming Trial
Depending on Merchan’s decision, the case could become the first criminal trial Trump faces before his expected Nov. 5 election rematch against President Joe Biden, a Democrat. A federal judge in Washington last week postponed Trump’s trial on charges of seeking to overturn the 2020 election results. That trial was scheduled to start on March 4.
Legal Battles
Trump is seeking to have that case dismissed, arguing he is immune from prosecution over official acts taken while he was president. The U.S. Court of Appeals for the District of Columbia Circuit on Tuesday rejected the argument, but Trump said through a spokesperson that he plans to appeal.
Additional Trials
Trial in the Florida federal criminal case accusing Trump of mishandling government documents is set for May but could be postponed. No trial date has been set for his Georgia state case over efforts to overturn his 2020 election loss to Biden. Trump has pleaded not guilty to all charges.
Prosecutors’ Allegations
The Manhattan case centers on former Trump lawyer Michael Cohen’s $130,000 payment to porn star Stormy Daniels to prevent her from publicly claiming she had a sexual encounter with Trump in 2006, while he was married. Trump denies the affair.
Prosecutors’ Claims
In charging Trump in April 2023, Manhattan District Attorney Alvin Bragg said his New York-based family real estate company falsely recorded Trump’s reimbursements to Cohen as a legal retainer. Prosecutors said that violated a state law against falsifying business records to conceal another crime.
Case Analysis
Some critics have said the case is less serious than the others Trump faces because it relates to his private life before taking office, rather than actions taken as president affecting elections or national security.
Trump’s Claims
In seeking dismissal, Trump’s lawyers wrote that he had been targeted for “selective prosecution” by Bragg, a Democrat. Bragg’s office said anyone else who behaved similarly would have been prosecuted, pointing to Cohen’s guilty plea.
Legal Interpretation
Bragg’s office said the business records falsification law was not restricted to cases involving state-level crimes, and that state election law applies to federal campaigns. One judge has already ruled against Trump on similar grounds.
Expert Opinion
Anna Cominsky, a New York Law School professor, said prosecutors appeared to have a stronger argument because the business records law was not limited to cover-ups of state crimes. “It’s very broad,” Cominsky said. “It’s not saying the prosecutor has to prove that other crime was committed, but rather just that there was this intent.”
