Trump Convicted on 34 Counts to Become America’s
First Felon President
A Manhattan jury found that he had falsified business records to conceal a sex scandal that could have hindered his 2016 campaign for the White House.
Donald J. Trump was convicted on Thursday of falsifying
records to cover up a sex scandal that threatened to derail his 2016
presidential campaign, capping an extraordinary trial that tested the
resilience of the American justice system and transformed the former commander
in chief into a felon.
The guilty verdict in Manhattan — across the
board, on all 34 counts — will reverberate throughout the nation and the world
as it ushers in a new era of presidential politics. Mr. Trump will carry the
stain of the verdict during his third run for the White House as voters now
choose between an unpopular incumbent and a convicted criminal.
While it was once
unthinkable that Americans would elect a felon as their leader, Mr. Trump’s
insurgent behavior delights his supporters as he bulldozes the country’s norms.
Now, the man who refused to accept his 2020 election loss is already seeking to
delegitimize his conviction, attempting to assert the primacy of his raw
political power over the nation’s rule of law.
As Mr. Trump
learned his fate on Thursday, he showed little emotion, shutting his eyes and
slowly shaking his head while a hush descended over the courtroom. But when he
emerged, holding his jaw tense, the former president spoke to the assembled
television cameras. He declared that the verdict was “a disgrace” and, with a
somber expression, proclaimed: “The real verdict is going to be Nov. 5, by the
people,” referring to Election Day.
Alvin L. Bragg, the prosecutor who
brought the case, declined to reveal whether he would seek a prison term. The
judge could put Mr. Trump behind bars for up to four years, but the former
president could receive probation instead, and may never see the inside of a prison cell. His appeal could
drag on for months or more, and he will remain free to campaign for the
presidency while he awaits his punishment.
The 12 New Yorkers who composed the jury
needed nearly 10 hours to decide a case stemming from Mr. Trump’s first White
House run, when, prosecutors say, he perpetrated a fraud on the American
people. The case — colored by tabloid intrigue, secret payoffs and an Oval
Office pact that echoed the Watergate era — spotlighted months of scheming that
begot a hush-money payment to a porn star and a plot to falsify documents to
bury all trace of that deal.
“Guilty,” the jury foreman declared into a microphone 34 times, one for each false record, before he and his fellow jurors, whose names were withheld from the public for their safety, filed out of the Lower Manhattan courtroom.
Over weeks of
testimony, the jury had met a varied cast of characters, including a tabloid maestro, a campaign spokeswoman and the porn star, Stormy Daniels.
Their testimony built to an epic showdown between the men at the heart of the
case: Mr. Trump, a real estate mogul turned reality-television impresario who
exported his smash-mouth instincts to presidential politics; and the star
witness against him, Michael D. Cohen, the do-anything fixer whose loyalty he
lost.
In the waning days of the 2016 campaign, Mr. Cohen paid Ms. Daniels $130,000 to silence her story of a sexual liaison with Mr. Trump, who then agreed to “cook the books” to reimburse his fixer, prosecutors said. Defense lawyers attacked Mr. Cohen’s credibility — they noted that he once pleaded guilty to lying — and argued that Mr. Trump had never falsified any records.
But in closing arguments, one of Mr.
Bragg’s prosecutors said that Mr. Cohen had told his lies for Mr. Trump. “We
didn’t choose Michael Cohen to be our witness; we didn’t pick him up at the
witness store,” said the prosecutor, Joshua Steinglass. The former president,
he said, had hired Mr. Cohen “because he was willing to lie and cheat on Mr.
Trump’s behalf.”
Mr. Trump, who repeatedly violated a judge’s order barring him
from attacking Mr. Cohen and the jury, attended every day of the trial in a courthouse that had long ago lost its majesty, a fading hulk with cracked wood paneling and
yellowed fluorescent lighting that suited the case’s seedier elements. There, in the center of a
city justice system that accommodates all manner of mayhem, the former
president glowered, muttered and often closed his eyes, spending much of the
trial either in a meditative state or apparently asleep.
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Mr. Trump still faces three other indictments in three other jurisdictions, but
with those cases mired in delays, this was likely to be his only trial before
Election Day. The other prosecutions concern loftier
issues — Mr. Trump is charged with mishandling classified documents in Florida
and plotting to subvert democracy in Washington and Georgia — but this trial
sprang from the seamy milieu that had made him famous, if not notorious, as a
New York gossip-page fixture.
The conviction, a humiliating defeat for
a man who has dwelled in legal gray zones for decades, brings the nation’s
highest office to a new low: Mr. Trump is the first president to lose, or even
to face, a criminal trial.
The prosecution unfolded against the
backdrop of a politically polarized nation, and reactions to the verdict could
reflect that divide. Mike Johnson, the speaker of the House, called the verdict
a “shameful day in American history” while President Biden urged people to
vote, saying, “There’s only one way to keep Donald Trump out of the Oval
Office: at the ballot box.”
Mr. Trump’s adversaries have long hoped a
conviction would wipe the former president from the political map. For them,
the case could represent a rare moment of catharsis: comeuppance for a man who,
in their minds, poisoned the institution of the presidency.
Yet nothing in the
Constitution prevents a felon from serving in the White House. And to Mr.
Trump’s base, he remains not just a man but a movement. The more legal tumult
he endures, the more his supporters revere him.
On the campaign trail, Mr. Trump is expected to harness that image of an outlaw idol, using his conviction to paint himself as a political prisoner and the victim of a Democratic cabal. During the trial, he cast the jurors as 12 angry liberals from a hometown that had turned against him, even though they were participating in a tradition so central to American democracy that it is older than the presidency itself. And he attacked Mr. Bragg, the elected district attorney, falsely claiming he was an extension of President Biden’s campaign.
Mr. Trump’s lawyers seized on the novel
nature of Mr. Bragg’s case. In New York, falsifying records is a misdemeanor,
unless they were faked to hide another crime. To elevate the charges to
felonies, Mr. Bragg argued that Mr. Trump had falsified the records to conceal
an illegal conspiracy to influence the 2016 election.
The defense argued that Mr. Bragg was
stretching the law, deploying a little-known state statute in a case involving
a federal election. That approach could, they argue, lay the groundwork for an
appeal.
Mr. Trump’s lead
lawyer, Todd Blanche, also sought to play down the importance of the case,
deriding the false records as mere “pieces of paper.”
Yet the verdict is a career-defining victory for Mr. Bragg,
who had characterized the fakery as an affront to New York, the financial
capital of the world.
“Our job is to follow the facts without
fear or favor, and that’s what we did here,” Mr. Bragg said at a news
conference in the wake of the verdict. He then paused for a moment. “I did my
job. We did our jobs.” And while he said he anticipated a cacophonous reaction
to the conviction, he added that “the only voice that matters is the voice of
the jury, and the jury has spoken.”
The
Conspiracy
Five years ago, when Mr. Bragg announced
his run for district attorney, he vowed to shake up the criminal justice system in
Manhattan. No more, he said, would there be two systems — one for the rich and
one for everyone else. He then brought a difficult case against the 45th
president, charging Mr. Trump, as he would any other defendant, with the
innocuous-sounding crime of falsifying business records.
Mr. Trump was convicted of 34 felony
counts of that charge, one for each document he falsified as he reimbursed Mr.
Cohen for the $130,000 hush-money payment to Ms. Daniels. The records included
11 invoices Mr. Cohen submitted, 12 entries in Mr. Trump’s ledger and 11 checks
sent to the former fixer.
Mr. Trump signed nine of the checks from
the White House, his own outsize Sharpie signature sealing his fate.
The documents, prosecutors argued,
disguised the nature of the repayment to Mr. Cohen. There were no references to
the hush money, only to ordinary legal expenses that arose from a “retainer”
agreement.
Mr. Blanche argued
that the records were accurate — Mr. Cohen, after all, was a lawyer who had
expenses — but the prosecution showed that the expenses and the retainer were
both fictional. Mr. Blanche also sought to minimize the election plot,
asserting that “every campaign in this country is a conspiracy.” But Mr. Bragg
argued that the American people were victims, deprived of important information
about the candidate, and that the tactics of Mr. Trump’s 2016 campaign were not
only distasteful, but unlawful.
Mr. Bragg’s prosecutors, eliciting lurid testimony of sex and scandal, persuaded the jury that Mr. Trump had orchestrated a conspiracy with Mr. Cohen and David Pecker, the former publisher of The National Enquirer, to buy and bury stories that could have upended his candidacy. It began with a meeting in summer 2015 at Mr. Trump’s Midtown Manhattan headquarters — prosecutors called it “the Trump Tower conspiracy” — and ran through Election Day 2016.
Mr. Pecker, the
prosecution’s leadoff witness, nonchalantly explained to the jurors how the
co-conspirators had soon confronted salacious stories about the candidate’s sex
life.
After the election, Mr. Pecker testified,
Mr. Trump summoned him to Trump Tower. There, the president-elect, having just
met with the head of the F.B.I., thanked Mr. Pecker for burying the stories.
Mr. Trump was supposed to repay Mr.
Pecker, and prosecutors played a surreptitious recording that Mr. Cohen had
made of Mr. Trump, who wanted to buy all the dirt that The Enquirer had
accumulated on him over the years, in case something happened to the publisher
or his tabloid.
“Maybe he gets hit by a truck,” Mr. Trump
said, instructing Mr. Cohen to “pay with cash.”
The
Porn Star
Mr. Pecker ultimately refused Mr. Trump’s
payment, worried that it might implicate him in a crime.
And he wanted nothing to do with
purchasing the third and most troublesome story — Ms. Daniels’s account of sex
with Mr. Trump. She was shopping it at a vulnerable moment for the Trump
campaign, just as the world heard a recording in which he boasted about grabbing women by
the genitals. The tape, from the set of “Access Hollywood,” sent the campaign
into a frenzy, according to testimony from Hope Hicks, its former spokeswoman.
Ms. Hicks, who teared up on the stand,
took jurors behind the campaign’s scenes as Mr. Trump careened from one crisis
to the next. He denied Ms. Daniels’s story, telling Ms. Hicks it was
“absolutely, unequivocally untrue.” (He denies it still, and Mr. Blanche
portrayed Ms. Daniels as an extortionist.)
The week after Ms.
Hicks testified, Ms. Daniels showed up to contradict Mr. Trump from the stand,
offering a graphic recounting. In riveting testimony, she described how he had summoned her for
dinner inside a palatial Lake Tahoe, Nev., hotel suite in 2006. She returned
from the bathroom and found Mr. Trump in his boxer shorts and T-shirt, she
said. Then, they had sex.
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