Donald Trump walked into room 1530 of the Manhattan Criminal Court on Tuesday, April 4, 2023, and pleaded not guilty to 34 felony counts of falsifying business records. He had no title there that any former American president had ever held: criminal defendant.
The 76-year-old arrived by motorcade from Trump Tower, wearing a dark blue suit and red tie. He waved to the crowd outside, raised a fist toward reporters, and said nothing as he walked through the courthouse hallway. Justice Juan Merchan asked for his plea. A clerk read the charges, and Trump was fingerprinted, though no mugshot was taken, according to a post by a New York Times reporter.
The mechanics of a felony
Here is the catch. Falsifying business records is a misdemeanor in New York, punishable by no more than one year in prison. It becomes a felony, with up to four years, only when done to advance or conceal another crime. Prosecutors say that other crime was a violation of election law, though the indictment does not name the specific statutes. Taken together, the counts carry a maximum of more than 100 years, although any real sentence after a trial would almost certainly be far shorter.
Two legal analysts told CBS News where the weak point is. “I think it will be difficult to prevail on the felonies,” said Randy Zelin, a Cornell Law School professor and former prosecutor. “The falsifying of entries misdemeanor, that’s a slam dunk.” Jessica Levinson, a Loyola Law School professor, called the case on false entries “very strong” but agreed that tying it to another crime is harder. “Unless you have a smoking gun, showing intent to commit another crime can always be a challenge,” she said.
Follow the money
The indictment centers on three payments in what prosecutors call a “catch and kill” scheme: $30,000 to a former Trump Tower doorman who claimed Trump had fathered a child out of wedlock, $150,000 to former Playboy model Karen McDougal, and $130,000 to adult film star Stormy Daniels. Trump has denied affairs with both women. The company that paid the doorman concluded his story was false.
Michael Cohen, Trump’s former lawyer, paid Daniels in the days before the 2016 election. Prosecutors say Trump later reimbursed him through checks disguised as legal fees. Their statement of facts says “there was no retainer agreement,” and that Cohen was not being paid for legal services in 2017. The district attorney’s office counted 11 checks issued for a “phony” purpose and 34 false entries in total, running from August 2015 to December 2017.
Manhattan District Attorney Alvin Bragg, a Democrat, said at a news conference afterward: “That is exactly what this case is about: 34 false statements made to cover up other crimes.” Asked why he was bringing a case other prosecutors had passed on, Bragg said his office had “additional evidence” that was not available to his predecessor. “I bring cases when they’re ready,” he said.
Trump’s response
Trump has called the charges politically motivated. His lawyer Joe Tacopina said “any other defendant wouldn’t be here today,” and dismissed talk of a change of venue as “premature,” hours after Trump posted that the case belonged in Staten Island. That evening at Mar-a-Lago he told supporters: “I never thought anything like this could happen in America.” He added that “the only crime that I’ve committed is to fearlessly defend our nation from those who seek to destroy it.”
The White House declined to comment. Outside the courthouse, supporters and critics gathered under tight security. A Reuters/Ipsos poll released the day before showed 48% of Republicans wanted Trump as the party’s nominee, up from 44% a month earlier, while Ron DeSantis fell from 30% to around 19%. Trump’s campaign said it raised $7 million in the three days after the indictment became public.
Legal experts said any trial was at least more than a year away. Being indicted, or even convicted, does not legally bar Trump from running for president.
Sources
- Trump charged with 34 felony counts, pleads not guilty in Manhattan courtroom
- Donald Trump pleads not guilty to 34 criminal charges in New York court | The Jerusalem Post
