Anaya Nolan
Former US President Donald Trump was accused of breaking the law with hush money payments to two women who claimed they had affairs with him. Trump allegedly made payments to adult film actress Stormy Daniels and Playboy model Karen McDougal to keep quiet about their alleged affairs. While hush money payments are not inherently illegal, they can be if they're made to cover up a crime or if the agreement isn't consensual. In this case, Trump was charged with falsifying business records and violating campaign finance laws. He was convicted of 34 felony counts of falsifying business records but faced no penalties or punishment.
| Characteristics | Values |
|---|---|
| Date of charges | March 2023 |
| Number of felony counts | 34 |
| Nature of charges | Falsifying business records |
| Amount of hush money payment | $130,000 |
| Recipient of hush money payment | Adult film actress Stormy Daniels |
| Purpose of hush money payment | To cover up allegations of an affair |
| Payer of hush money | Michael Cohen, Trump's ex-attorney |
| Amount reimbursed to Cohen | $420,000 |
| Trump's plea | Not guilty |
| Trial duration | Approximately six weeks |
| Maximum penalty per count | Up to $5,000 fine and/or up to four years in prison |
| Verdict | Guilty |
| Sentence | Unconditional discharge |
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What You'll Learn
Trump's hush money payments to Stormy Daniels and Karen McDougal
In 2016, during his presidential campaign, Donald Trump was involved in "hush-money" agreements with multiple women who claimed they had sexual affairs with him before he became president. These women included adult film star Stormy Daniels and former Playboy model Karen McDougal.
In 2018, The Wall Street Journal reported that Trump was involved in "nearly every step" of these hush-money agreements, citing dozens of interviews and documents. The newspaper also reported that Trump may have violated federal campaign finance laws through his participation in the deals.
Trump has denied knowing about a $130,000 payment made to Stormy Daniels, whose real name is Stephanie Clifford. Daniels alleged she had sex with Trump in 2006 and was suing Trump and his former personal attorney, Michael Cohen, in connection with a nondisclosure agreement barring her from discussing the alleged tryst. Trump has denied the encounter.
Cohen pleaded guilty to campaign finance violations in 2018, admitting that he made payments to two women at the direction of a candidate for political office. He said the payments were made to influence the outcome of the 2016 presidential election. Cohen's lawyer, Lanny Davis, said that "Donald Trump directed [Cohen] to commit a crime by making payments to two women for the principal purpose of influencing an election."
In March 2023, Trump was indicted in Manhattan on 34 felony counts of falsifying business records arising from a hush money payment to Daniels during his 2016 campaign. Prosecutors argued that Trump conspired to "undermine the integrity of the 2016 election" through a series of hush money payments designed to stifle claims that could be harmful to his candidacy.
While the act of paying Daniels to keep quiet isn't what's under legal scrutiny, the way she was paid—through Cohen, right before the 2016 election—has been argued by some prosecutors to be a campaign finance crime.
Trump has pleaded not guilty to the charges against him and has decried the case as a "witch hunt." His attorneys have argued that Trump's reimbursement checks to Cohen were not unlawful, claiming they were properly labeled because Cohen was serving as Trump's attorney at the time.
The payment to Daniels is not the only hush money payment that was made during Trump's 2016 campaign. American Media (AMI), which publishes the National Enquirer, also allegedly paid McDougal $150,000 to "catch and kill" her allegations of an affair with Trump. AMI CEO David Pecker discussed the payments with Trump and Cohen, and prosecutors allege that there was a general agreement to hide negative stories during the campaign.
Trump's criminal trial began in April 2024, and he faced up to four years in prison and a $5,000 fine for each of the 34 felony counts against him. However, legal experts believed it was unlikely that Trump would be sentenced to prison as a first-time offender.
In May 2024, Trump was convicted on the 34 felony counts.
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Michael Cohen's guilty plea and Trump's involvement
Michael Cohen, former personal lawyer to President Donald Trump, pleaded guilty in federal court to eight counts of breaking tax, banking, and campaign finance laws. In his guilty plea, Cohen claimed that Trump directed him to pay hush money to two women in exchange for their silence about alleged affairs. Cohen stated that these payments were made "in coordination with and at the direction of a candidate for federal office" and were intended to influence the 2016 election. The two women are believed to be adult film actress Stormy Daniels and former Playboy Playmate Karen McDougal, both of whom claim to have had sexual relationships with Trump while he was married to Melania.
Cohen's guilty plea and testimony added a new layer to the Trump team's series of shifting accounts about Trump's role in financing hush money payments ahead of the 2016 election. According to Cohen, the Trump Organization reimbursed him for the $130,000 payment to Daniels. However, these reimbursement payments were allegedly disguised as legal payments, with Trump signing off on the creation of false records to hide the true nature of the transactions.
While "hush money" agreements entered into consensually are legal, they can be illegal if they are done to cover up a crime or if the agreement is not consensual, such as in cases of blackmail or bribery. Cohen pleaded guilty to federal campaign finance violations, admitting that the payments constituted illegal campaign contributions that exceeded the legal limit.
As a result of Cohen's guilty plea and cooperation with prosecutors, he was sentenced to three years in prison for his role in the "hush money" plan and other crimes. He entered prison in May 2019 and ended his sentence early in November 2021.
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The legality of hush money payments
Hush money agreements are legal if both parties enter into them consensually. However, they become illegal if they are used to cover up a crime or if the agreement is non-consensual, such as in cases of blackmail or bribery.
In the case of former US President Donald Trump, he was charged with 34 felony counts of falsifying business records, specifically related to hush money payments made to adult film actress Stormy Daniels during his 2016 election campaign. Trump's former lawyer, Michael Cohen, made a $130,000 payment to Daniels to cover up her allegations of an affair with Trump. Trump then reimbursed Cohen $420,000, which included the payment to Daniels, a separate expense, a $60,000 bonus, and money to cover taxes on the payment. These payments were allegedly disguised as legal fees.
While the act of paying Daniels itself is not illegal, the way the payment was structured and labelled has led to legal scrutiny. The prosecution argued that the false labelling of the payments was done to cover up other crimes, including Cohen's campaign finance crimes and alleged tax issues. Additionally, the timing of the payment, just before the 2016 election, has been cited as a potential campaign finance crime. Cohen pleaded guilty to federal campaign finance violations in 2018, as the payment was deemed an illegal campaign contribution that exceeded the legal limit.
Trump pleaded not guilty to the charges, calling the case a "witch hunt". His attorneys argued that the reimbursement checks to Cohen were properly labelled as legal fees and that Trump was unaware of the hush money scheme. The defence also questioned the credibility of Cohen as a key witness for the prosecution, noting that he is a "discredited person" and a "serial perjurer".
The outcome of the trial was a conviction for Trump, making him the first US president to be criminally sentenced. However, he received a lenient sentence of unconditional discharge, meaning no jail time, probation, or fines. This decision was made in part due to the principle of presidential immunity, which will take effect once Trump assumes office for his second term.
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Trump's violation of campaign finance laws
In March 2023, a Manhattan grand jury indicted former US President Donald Trump on 34 felony charges of falsifying business records in the first degree. The charges centred on false invoices that his former lawyer, Michael Cohen, submitted for reimbursement for a hush-money payment to adult film star Stormy Daniels. Trump approved the false invoices, which were labelled as payments for "legal services" rather than their true purpose.
Cohen paid Daniels $130,000 in October 2016 to keep quiet about an alleged affair with Trump in 2006. Trump then reimbursed Cohen $420,000, which included the payment to Daniels, a separate expense, a $60,000 bonus, and money to cover taxes on the payment. Many of these payments came from Trump's personal bank account, but they were funnelled through the Trump Organization and disguised as legal payments.
The payment to Daniels is not illegal in itself. "Hush money" agreements that both parties enter into consensually are legal. However, hush money payments can be illegal if they are made to cover up a crime or if the agreement is non-consensual, such as in cases of blackmail or bribery.
Trump was not charged with making the payment to Daniels or reimbursing Cohen. Instead, he was indicted on 34 counts of falsifying business records, as his reimbursement payments to Cohen were disguised as legal payments.
The alleged crime that Trump was charged with, falsification of business records, is typically classified as a misdemeanour under New York law. However, it becomes a felony when committed to facilitate another crime. Prosecutors argued that the false invoices were created to cover up other crimes, including Cohen's campaign finance crimes and alleged tax issues.
The Manhattan District Attorney's case argued that the false invoices were created to conceal a violation of New York election law, which prohibits conspiring to promote a political candidate through "unlawful means". Cohen's payment to Daniels was considered a contribution to Trump's campaign that exceeded the legal limit, and therefore, a campaign finance crime.
In May 2024, Trump was found guilty on all 34 felony counts. He faces a sentencing hearing, after which his attorneys are expected to appeal the verdict.
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Trump's felony conviction and sentencing
On April 4, 2023, former President Donald Trump was charged with 34 felony counts of falsifying business records arising from a hush money payment to porn actor Stormy Daniels during his 2016 campaign. Trump pleaded not guilty to all 34 counts.
The charges were brought by the Manhattan District Attorney's office, and the trial began in May 2024. The case was often referred to as the "hush money trial," but the charges against Trump were more complicated. Trump was not charged with making the $130,000 hush money payment to Daniels to cover up allegations of an affair. Instead, he was charged with how he reimbursed his former lawyer, Michael Cohen, who made the payment.
Prosecutors alleged that Trump falsified 34 different business records to hide the true nature of the reimbursement, calling them legal fees instead, and that he did so intending to commit or conceal another crime, a violation of state election law. They argued that Cohen's payment to Daniels was a contribution to Trump's campaign that exceeded the legal limit on political contributions.
On May 30, 2024, Trump was convicted on all 34 felony counts. The jury found that he had falsified records to cover up a violation of New York's election law prohibiting conspiring to promote or prevent the election of any person to a public office by unlawful means.
On January 10, 2025, Trump was sentenced to an unconditional discharge, meaning no jail time, no probation, and no fines. However, the conviction will go on his permanent record, making him the first president to be sworn in as a convicted felon.
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Frequently asked questions
The hush money payment was made to adult film actress Stormy Daniels to cover up allegations of an affair with Trump in 2006.
"Hush money" agreements that both parties enter into consensually are legal. However, hush money payments can be illegal if they’re done to cover up a crime or if the agreement is non-consensual, such as in the case of blackmail or bribery.
Trump was charged with 34 felony counts of falsifying business records. He was not charged with making the hush money payment or reimbursing it.
Trump was given an unconditional discharge, meaning no jail time, no probation, and no fines. However, the conviction will go on his permanent record.
