An unexpected tax violation added to the indictment against Donald Trump “paved the way” for prosecutors to file a case against the former president.
On Tuesday, prosecutors said Trump forged three silence payments to prevent compromising stories from appearing during the 2016 presidential campaign, which he ultimately won.
The former president pleaded not guilty to 34 crimes when he stood trial in New York.
Manhattan District Attorney Alvin Bragg said it was Mr. Trump’s attempt to cover up crimes related to the 2016 election, allowing prosecutors to upgrade charges from felonies (petty crimes) to felonies (felonies). Violations generally do not carry a prison sentence, while offenses in this case can carry up to four years in prison.
Prosecutors have filed a surprise allegation that the mogul, through his lawyer Michael Cohen, falsified business records of payments to adult film actress Stormy Daniels, partly as part of a scheme to circumvent New York City tax laws.
William Banks, professor emeritus of law and homeland security at Syracuse University in New York, called the move “pretty inconvenient.” He explained that because Mr. Trump claims the payments were for Mr. Cohen and not Ms. Daniels, they are “classified as court costs” and therefore not taxable, but prosecutors say this is incorrect.
“I think this opens up an opportunity for prosecutors to pursue a case against former President Trump in a way that would be much more difficult without oversight,” said Professor Banks.
Mr. Bragg said on Tuesday that Mr. Trump’s claims that he paid Mr. Cohen for legal services are “simply untrue,” adding: “The defendant was in possession of documents containing these key lies.” .
The ex-president previously admitted to paying Mr. Cohen $130,000, a payment he believed was legal. He said it had nothing to do with the campaign and denied that he had had sexual contact with Ms Daniels.
Professor Banks said the case “could drag on for a long time” as Trump’s next in-person hearing is scheduled for December.
“At this point, both sides will be looking for additional information about what the other side knows and what the other is willing to give up during the negotiations,” he added.
“Trump, like Trump, will seek to drop all charges. He will try to fight back and delay whenever he can, because I think from his point of view, this is an advantage for him in his political campaign to regain the Republican nomination in 2024.”
Prosecutors will face hurdles, especially when it comes to proving that the silence payments were intended to serve his campaign.
“It is difficult for the prosecutor to establish the state of mind of the main characters, especially former President Trump, did he want to see this as a cover for his sexual misconduct and did he intend to use the proceeds, benefit from the payments made? , Stormy Daniels through.” his lawyer to support his presidential campaign? Professor Banks said.
“That’s pretty hard to prove.”
Professor Banks added that even if Trump were found guilty of the charges, it would be “very surprising” if he were sent to prison: “Usually in white-collar crime there is some kind of agreement where the fine is paid>”.
In comments made shortly after appearing in court at his home in Mar-a-Lago, Florida, Mr. Trump said the case was designed “to disrupt the upcoming 2024 election and that it should be dropped immediately.”
On Wednesday, he ranted on his social media platform Truth Social that Republicans in Congress should “PROTECT DOJ.” [Department of Justice] And the FBI UNTIL THEY FIND IT UP.”
Between August 2015 and December 2017, according to court documents, Trump devised a “catch and kill” plan to bury negative stories about himself and “improve his chances in the election,” which he then covered up with false business claims.
This case is just one of the many legal challenges the tycoon faces. The investigation that “poses the greatest personal risk to Trump” is being conducted in the state of Georgia, where prosecutors are investigating the former president’s alleged attempts to reverse his 2020 election defeat in the state, according to Professor Banks.
There are recordings of a phone conversation in which he allegedly asked an election officer in Georgia to “find” enough ballots for him after he voted in the 2020 elections.
“I think that if they continued this, there would be violations of state election laws in Georgia that would be much easier to prove than what we are seeing in New York,” said Professor Banks.
Source: I News
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