Former Pres. Donald Trump’s first criminal trial is underway.
Prosecutors called their first witness, David Pecker, former CEO of American Media Inc., parent company of the National Enquirer. The state alleges Pecker helped Trump during the 2016 campaign by burying negative stories about him and by attacking his rivals.
Trump is charged with 34 felony counts of falsifying business records, allegedly to cover up an effort to illegally influence the 2016 election by arranging “hush money” payments that silenced claims potentially harmful to his candidacy. He has pleaded not guilty.
An attorney from Manhattan District Attorney Alvin Bragg’s office said the reimbursements were part of a plan that amounted to “election fraud, pure and simple.” Trump’s lawyers are arguing their client did not commit a crime and said he has been charged on flimsy evidence from an untrustworthy key witness.
Trump claimed the trial was “election interference” and part of an effort to keep him off the campaign trail. He called the case a “witch hunt” and “a shame.”
Days before the 2016 election, Trump’s attorney at the time, Michael Cohen paid $130,000 to adult film star Stormy Daniels to buy her silence about an alleged sexual encounter she had with Trump years prior. Trump denies the encounter.
Matthew Colangelo, a member of Bragg’s team, said Cohen made the payment “at the defendant’s direction, and did it to influence the election.” He portrayed the payment as part of a scheme concocted by Trump, Cohen and Pecker to bury negative stories about Trump and attack his rivals. The plan was conceived at a meeting at Trump Tower in 2015, Colangelo said.
“Together they conspired to influence the 2016 presidential election,” Colangelo told the jury, saying Pecker agreed to act as Trump’s “eyes and ears” during the 2016 campaign.
Trump reimbursed Cohen for the payment in 12 monthly installments during the first year of his presidency, but said the checks were for ongoing legal services – an illegal scheme, according to prosecutors. Cohen ultimately received $420,000.
Colangelo described the “catch and kill” tactic allegedly used by Pecker and Dylan Howard, the Enquirer’s editor, to shield Trump from negative stories. The practice involved buying the rights to someone’s story and then declining to publish the account, effectively keeping it hidden. They also used the Enquirer to publish unflattering stories about Trump’s rivals.
In the weeks leading up to the election, Daniels’ lawyer approached the Enquirer about selling the rights to her story, Colangelo said. Howard allegedly put the lawyer in touch with Cohen, who negotiated the $130,000 payment, according to prosecutors. Colangelo said Trump hoped to delay the payment until after the election, and then not pay at all. However, Cohen transferred the money to Daniels’ attorney days before Election Day.
“This was a planned, coordinated, long-running, conspiracy to influence the 2016 election to help Donald Trump get elected,” Colangelo said. “It was election fraud, pure and simple.”
Todd Blanche, an attorney for Trump, delivered the defense’s opening statement.
He said that the $35,000 that Cohen received each month was for his services as Trump’s personal attorney, not as reimbursement for Daniels’ payment. He argued that Trump “had nothing to do with the 34 pieces of paper… except that he signed them in the White House, while he was running the country.” Each charge in the indictment refers to a record created to document a payment to Cohen,
“There’s nothing wrong with trying to influence an election,” Blanche said. “It’s called democracy. They’ve put something sinister on this idea, as if it was a crime. President Trump fought back like he always does, and like he’s entitled to do. To protect his family, his reputation and his brand. And that is not a crime.”
Blanche noted that Cohen has lied under oath and Daniels’ has a grudge against Trump for not being cast in “The Apprentice” in 2007. He also claims that Daniels has profited from her allegations.
“I’ll also say something about her testimony: it doesn’t matter,” Blanche said, telling jurors she has “no idea” about the alleged crimes at the center of the case. “Her testimony, while salacious, does not matter.”
He then turned to the “catch and kill” scheme, saying it’s not illegal and not a conspiracy.
“It’s not a scheme, unless a scheme means something that doesn’t matter, that’s not illegal, that’s not against the law,” Blanche said.
Trump has maintained his innocence.
“I never thought anything like this could happen in America,” Trump said in a speech in front of his Mar-a-Lago estate. “This fake case was brought only to interfere with the upcoming 2024 election and it should be dropped immediately.”
A conviction might not prevent Trump from retaining his candidacy for presidential status in 2024.
