Hush Money Case: Trump becomes first former US President to face criminal trial

April 16, 2024

Former President Donald Trump is facing a trial involving hush money payments to adult film actress Stormy Daniels. The trial could potentially impact his presidential campaign and keep him tied up in court for weeks. The jury selection process began and could take up to two weeks or longer. Trump was indicted more than a year prior on 34 counts of falsifying business records.

What is Hush Money?

Hush money or “confidentiality payment,” refers to money paid to someone in exchange for their silence or to prevent them from disclosing sensitive, embarrassing, or damaging information. The purpose of hush money is to keep certain facts or allegations from becoming public knowledge, often to protect the reputation, privacy, or interests of the person or organization making the payment.

What is the Hush Money Payment Case?

The criminal trial against Trump centers around a $130,000 payment made to Stormy Daniels in October 2016. The payment was made by Trump’s then-lawyer Michael Cohen in exchange for Daniels remaining silent about an alleged sexual encounter with Trump in 2006. Cohen initially funded the payment through a home equity line of credit and was later reimbursed by Trump through the Trump Organization. Trump initially denied knowledge of the transaction but later admitted to reimbursing Cohen, calling it a “simple private transaction”.

Key details of the case include:

Trump’s then-lawyer, Michael Cohen, made the payment to Daniels in exchange for her silence about an alleged sexual encounter with Trump in 2006.
Cohen initially funded the payment through a home equity line of credit and was later reimbursed by Trump through the Trump Organization.
Trump initially denied knowledge of the transaction but later admitted to reimbursing Cohen, calling it a “simple private transaction”.
In 2018, Cohen pleaded guilty to charges including federal campaign finance crimes related to the hush money payment, testifying that Trump and his company had falsely classified the purpose of the payments as legal expenses.
Federal prosecutors concluded that the money given to Daniels was an improper donation to Trump’s campaign, as it aimed to silence Daniels and prevent a potential sex scandal from impacting the election.
The Manhattan District Attorney’s office launched an investigation into Trump’s role in the transaction, leading to the current criminal trial where he faces 34 counts of falsifying business records.

What Laws has Trump Broken?

Falsifying business records is against New York state law. While it is considered a misdemeanour on its own, it can be elevated to a felony if used to conceal another crime. In this case, prosecutors argue that the hush money payment violated election law as it could be considered a campaign donation to Trump that was not properly disclosed.

Falsifying business records: Making false entries in a company’s records is a misdemeanor under New York state law. In this case, Trump allegedly falsified records related to the reimbursement of Michael Cohen for the hush money payment to Stormy Daniels.
Falsifying records to conceal another crime: While falsifying business records is typically a misdemeanor, it can be elevated to a felony if prosecutors prove that the records were falsified to conceal another crime.
Charges: Trump faces 34 counts of falsifying business records related to the hush money payment. Each count is classified as a Class E felony, which is the lowest category of felonies in New York.

What is the Maximum Sentence if Trump is Convicted?

The charges against Trump are Class E felonies, each carrying a maximum prison sentence of four years. However, even if convicted, there is no requirement for the judge to sentence Trump to prison. The judge could choose to sentence him to probation instead. It is important to note that these are the charges brought against Trump, and a jury trial will determine whether he is guilty of these alleged crimes.

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