Kara Sears
Former President Donald Trump is accused of breaking the law by paying hush money to Stormy Daniels and another woman, who both alleged affairs with him. While hush money payments are not necessarily illegal, Trump's company reimbursed Cohen for the payments, and Cohen has admitted to breaking campaign finance laws by making these payments in an effort to hide unflattering information before the 2016 election. Trump has been charged with falsifying business records, and jurors will have to determine whether he did so to cover up an underlying crime.
| Characteristics | Values |
|---|---|
| Law broken | New York Penal Law § 175.10 |
| Crime | Falsifying business records |
| Reason | To cover up an underlying crime |
| Underlying crime | Violating New York's election law |
| Underlying crime | Violating the Federal Election Campaign Act |
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What You'll Learn
Violating the Federal Election Campaign Act
While hush money payments are not necessarily illegal, Michael Cohen, Trump's former lawyer, has admitted to breaking laws by making these payments in an effort to hide unflattering information about Trump before the 2016 election. Cohen pleaded guilty to violating the Federal Election Campaign Act, meaning that the payment to Stormy Daniels was a contribution to Trump's campaign that exceeded the legal limit.
In May 2018, Trump's annual financial disclosure revealed that he reimbursed Cohen in 2017 for expenditures related to the Daniels case. Cohen pleaded guilty to breaking campaign finance laws, admitting to paying hush money of $130,000 and $150,000 "at the direction of a candidate for federal office" to two women who alleged affairs with that candidate, "with the purpose of influencing the election".
Trump has only been charged with falsification of business records, but jurors would also have to find that he did it to cover up an underlying crime. The charges against Trump are that he violated New York Penal Law § 175.10 by falsifying business records. The business records state that Trump paid attorney fees to Cohen, rather than stating that some portions of the payments were really to reimburse him for the hush money payments he made to Daniels.
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Conspiracy to promote or prevent the election of any person to a public office by unlawful means
Trump is accused of breaking New York’s election law prohibiting “conspir [ing] to promote or prevent the election of any person to a public office by unlawful means”. This is because he is accused of falsifying records to cover up the fact that he reimbursed Cohen for hush money payments to Stormy Daniels and another woman. Cohen has already pleaded guilty to breaking campaign finance laws by making these payments, which were intended to boost Trump's chances in the 2016 election.
To prove that Trump broke this law, the jury must show that he falsified records to cover up a second crime. This second crime could be violating the Federal Election Campaign Act, meaning Cohen’s payment to Daniels was a contribution to Trump’s campaign that exceeded the legal limit. This would mean that Trump conspired to promote his election to public office by unlawful means.
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Violating New York Penal Law § 175.10 by falsifying business records
Trump has been charged with falsifying business records, which is a violation of New York Penal Law § 175.10. This law requires a showing that Trump, with the intent to defraud, made or caused to be made false entries in an enterprise's business records. In this case, the business records state that Trump paid attorney fees to Michael Cohen, rather than stating that some portions of the payments were to reimburse him for the hush money payments he made to Stormy Daniels.
Trump's company paid Cohen back for the payment to Daniels after the 2016 election. Cohen has admitted to breaking the law by making these payments in an effort to hide unflattering information before the election. In August 2018, Cohen pleaded guilty to breaking campaign finance laws, admitting to paying hush money of $130,000 and $150,000 "at the direction of a candidate for federal office" to two women who alleged affairs with that candidate, with the purpose of influencing the election.
Trump has tried to impeach Cohen's credibility, but there is no logical alternative to his testimony that Trump was aware of and agreed to reimburse him for the hush money payments. To convict Trump of falsifying business records, jurors would also have to find that he did it to cover up an underlying crime. This could be 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".
The "unlawful means" in this case could be violating the Federal Election Campaign Act, meaning Cohen's payment to Daniels was a contribution to Trump's campaign that exceeded the legal limit. This would be a third crime on top of the falsification of business records and the underlying crime of hush money payments.
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Committing fraud
In May 2018, Trump's annual financial disclosure revealed that he reimbursed Cohen in 2017 for expenditures related to the Daniels case. Cohen had paid hush money of $130,000 and $150,000 to two women who alleged affairs with Trump. Cohen pleaded guilty to breaking campaign finance laws, admitting that he made the payments "at the direction of a candidate for federal office" and "with the purpose of influencing the election".
Trump has been charged with falsification of business records, specifically New York Penal Law § 175.10. The business records state that Trump paid attorney fees to Michael Cohen, rather than stating that some portions of the payments were really to reimburse him for the hush money payments he made to Stormy Daniels. To be found guilty, the jury must show that Trump, with the intent to defraud, made false entries in an enterprise's business records and that his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.
The jury must also show that Trump falsified records to cover a second crime, which prosecutors allege is New York’s election law prohibiting “conspir ing] to promote or prevent the election of any person to a public office by unlawful means”. Cohen allegedly paid off Daniels in order to boost Trump’s chances in the 2016 election. Since that law requires defendants to have influenced an election through “unlawful means”, jurors will also have to determine whether a third crime was committed that made the hush money scheme violate the election law.
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Committing a third crime to show unlawful means
In order to prove that Donald Trump broke the law by paying hush money, it must be shown that he falsified records to cover a second crime. Prosecutors allege that this second crime was New York's election law prohibiting "conspiring to promote or prevent the election of any person to a public office by unlawful means". This is because the hush money was paid to Stormy Daniels in order to boost Trump's chances in the 2016 election.
To prove this, jurors will have to determine whether a third crime was committed that made the hush money scheme violate the election law. Judge Juan Merchan gave jurors several choices for that third crime, including violating the Federal Election Campaign Act. This would mean that Cohen's payment to Daniels was a contribution to Trump's campaign that exceeded the legal limit. Cohen has already pleaded guilty to this crime.
In addition to this, Trump has also been charged with falsification of business records. It is alleged that Trump's business records state that he paid attorney fees to Michael Cohen, rather than stating that some portions of the payments were to reimburse him for the hush money payments he made to Daniels. This would violate New York Penal Law § 175.10, which requires a showing that Trump, with the intent to defraud, made false entries in an enterprise's business records, and that his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.
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Frequently asked questions
Trump was charged with falsifying business records and violating New York's election law.
Trump's business records stated that he paid attorney fees to Michael Cohen, rather than stating that some portions of the payments were to reimburse him for the hush money payments he made to Stormy Daniels.
The hush money payments were made to two women who alleged affairs with a candidate for federal office, in order to boost Trump's chances in the 2016 election.
Trump reimbursed Cohen $130,000 and $150,000 for the hush money payments.
While Trump has only been charged with falsifying business records, jurors would also have to find that he did it to cover up an underlying crime, which could be violating the Federal Election Campaign Act.
