Wolf.17 Posted April 14 Share Posted April 14 An adult film star. Alleged secret payments. A turncoat lawyer. And a candidate for president of the United States. Donald Trump's very first criminal trial - and the first of a former US president - involves charges of white-collar crime, but it features some of the most eye-catching details in any of the four criminal cases against him. The case revolves around a $130,000 (£104,000) hush money payment from Mr Trump's lawyer to adult-film actress Stormy Daniels, who claims she had an affair with Trump in 2006. But that payment was not actually illegal. Instead, the blockbuster case bringing 34 felony charges is based on allegations the former president falsified business records to cover up the payment - made just before the 2016 election - to avoid an embarrassing sex scandal which he denies. The trial, which starts in New York on Monday, has legal experts divided on the strength of the case. Some debate whether Manhattan's District Attorney Alvin Bragg, a Democrat, should have even brought the case and whether it is strong enough. Ambrosio Rodriguez, a former prosecutor who says he is no fan of the former president, believes the case legitimises Mr Trump's ongoing argument that he is being prosecuted unfairly because of who he is. Mr Rodriguez argues that the case relies on old allegations, noting that federal prosecutors had investigated and declined to bring charges. "This is a waste of time and a bad idea, and not good for the country," he told the BBC. "This seems just a political need and want to get Trump no matter what the costs are." Others disagree. Nick Akerman, who worked on the Watergate prosecution, says it's a serious case. "This is about an effort to defraud the American voters in 2016 to keep them from learning material information that would have affected their vote," he told the BBC, referring to Mr Trump's alleged efforts to hide payments reimbursing his then lawyer, Michael Cohen. A novel legal approach The case also has come under scrutiny because it's seemingly built on an untested legal theory. Mr Trump faces 34 felony counts of falsifying business records. New York prosecutors say Mr Cohen paid off Ms Daniels, and accuse Mr Trump of trying to disguise the money he paid him back as legal fees. Ordinarily, falsifying business records is considered a misdemeanour - or low-level offence - in New York. But when it is done to conceal a crime, it can be elevated to a more serious felony charge. It is not unusual for the Manhattan District Attorney's Office to do that, but Mr Bragg's approach is a particularly novel one. He says Trump Organization records were falsified to conceal or aid criminal activity. But even though the trial begins on Monday, he has not specified the exact crime allegedly hidden. He has however given clues. In court filings and interviews, Mr Bragg has said Mr Trump violated both state and federal election laws, and state tax laws. "The District Attorney's office is not precluded from presenting to the jury a variety of alternative theories on sort of why the records were falsified," says Shane T. Stansbury, a former assistant United States Attorney in New York's southern district. But he adds that it is unclear if a state prosecutor can invoke a federal election crime, as it appears Mr Bragg intends to do. He says Trump Organization records were falsified to conceal or aid criminal activity. But even though the trial begins on Monday, he has not specified the exact crime allegedly hidden. He has however given clues. In court filings and interviews, Mr Bragg has said Mr Trump violated both state and federal election laws, and state tax laws. "The District Attorney's office is not precluded from presenting to the jury a variety of alternative theories on sort of why the records were falsified," says Shane T. Stansbury, a former assistant United States Attorney in New York's southern district. But he adds that it is unclear if a state prosecutor can invoke a federal election crime, as it appears Mr Bragg intends to do. https://www.bbc.com/news/world-us-canada-68737723 Link to comment Share on other sites More sharing options...
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