Keith Mack
In 2024, former US President Donald Trump went on trial for felony charges stemming from a $130,000 payment made to adult film actress Stormy Daniels during his 2016 campaign. The payment was made by Trump's ex-attorney Michael Cohen to cover up allegations of an affair between Daniels and Trump in 2006. Trump 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. The reimbursement was allegedly falsely labeled as a legal payment. Trump was charged with 34 counts of falsifying business records, but he pleaded not guilty.
| Characteristics | Values |
|---|---|
| Amount paid to Stormy Daniels | $130,000 |
| Amount reimbursed to Michael Cohen | $420,000 |
| Number of felony counts | 34 |
| Maximum sentence per count | 4 years in prison and a $5,000 fine |
| Michael Cohen's sentence | 3 years in prison |
| Date of sentencing | 10 January 2025 |
| Judge | Juan Merchan |
| Type of sentence | Unconditional discharge |
What You'll Learn
Trump's intent when paying off Stormy Daniels
The intent behind Donald Trump's payoff to Stormy Daniels has been widely debated, with the outcome of the trial hinging on this very question.
Prosecutors in Manhattan argued that Trump's reimbursement of $420,000 to his lawyer, Michael Cohen, was falsely recorded as legal expenses in the books of his New York-based real estate company. They claimed that this was done to cover up the hush money payment to Daniels, which they deemed an illegal campaign contribution. The payment was made in the month before the 2016 presidential election, in which Trump was the Republican candidate.
On the other hand, Trump's lawyers argued that the payments to Cohen were, in fact, monthly legal retainers. They also contended that accounts of extramarital affairs could have harmed the reputations of Trump and his family, regardless of his political candidacy, implying that the payment to Daniels was a personal expense to spare them embarrassment.
The trial judge and jury ultimately found Trump guilty of falsifying business records, with the intent to conceal another crime, which is a felony in New York.
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The legality of hush money
Hush money agreements are legal if both parties enter into them consensually. However, hush money payments can be 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 Donald Trump's hush money payment to Stormy Daniels, the act of paying Daniels to keep quiet about an alleged affair is not what resulted in criminal charges. Instead, Trump was charged with falsifying business records, specifically, disguising the reimbursement for the hush money payment to Daniels as a legal payment.
Trump's reimbursement to his lawyer, Michael Cohen, who made the initial payment to Daniels, was allegedly falsely recorded as legal expenses in the books of his New York-based real estate company. This is a misdemeanor in New York, but it becomes a felony if it is done to conceal another crime.
Prosecutors argued that Trump's intent in falsifying the records was to conceal Cohen's campaign finance crimes and alleged tax issues. They claimed that the payments to Cohen were falsely characterised as income rather than reimbursements, and that the timing of the payment to Daniels, just before the 2016 election, indicated that it was meant to sway the election.
Trump pleaded not guilty to 34 felony counts of falsifying business records, arguing that the payments to Cohen were monthly legal retainers and that the Daniels payment was not a campaign contribution. He also claimed that the case amounted to interference in the 2024 election, which he was contesting.
In January 2025, a jury found Trump guilty of the 34 felony counts, making him the first former US president to be convicted of a crime. However, he did not receive jail time, fines, or probation, and was instead given an "unconditional discharge".
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Trump's reimbursement of Michael Cohen
In 2016, adult film actress Stormy Daniels (legal name Stephanie Clifford) alleged that she had a sexual affair with Donald Trump in 2006. Trump's lawyer and fixer, Michael Cohen, paid Daniels $130,000 in hush money to keep her silent. Cohen created a Delaware LLC called Essential Consultants and used it to make the payment.
Trump reimbursed Cohen for the payment in monthly instalments of $35,000, totalling $420,000. This amount included the $130,000 payment to Daniels' lawyer, a $50,000 tech expense, and a $60,000 bonus for Cohen. The reimbursement payments were falsely labelled as legal fees and invoiced by Cohen as standard legal services.
Trump signed the reimbursement cheques from the Oval Office, drawing the funds from his personal bank account. The payments were arranged by Trump Organization executives Jeff McConney and Alen Weisselberg.
In 2024, Cohen testified that Trump directed him to make the hush money payment to Daniels and approved Weisselberg's plan for reimbursement.
Trump was charged with 34 counts of falsifying business records, as the reimbursement payments to Cohen were disguised as legal payments. In May 2024, a jury found Trump guilty of all 34 felony counts.
In January 2025, a judge upheld Trump's felony conviction but did not impose any penalties, including jail time. The judge ruled that Trump's conviction and sentencing would stand, making him the first felon to serve as U.S. president.
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Falsifying business records
In 2023, former U.S. President Donald Trump was indicted on 34 counts of falsifying business records in relation to the Stormy Daniels scandal. The charges were brought against him by the Manhattan District Attorney's office, and the trial began in April 2024.
The specific charges were related to Trump's reimbursement of his former lawyer, Michael Cohen, for a hush-money payment made to adult film star Stormy Daniels during the final days of the 2016 election campaign. Cohen paid Daniels $130,000 to keep quiet allegations of a sexual encounter with Trump a decade earlier. Trump then reimbursed Cohen in instalments, which were logged as routine legal fees and not reported as campaign expenses.
To elevate the charges from a misdemeanour to a felony, prosecutors had to prove that Trump knew Cohen's payment was illegal and that he was trying to conceal it. They argued that the payments to Cohen were falsely characterised as income rather than repayments, and that Trump was trying to cover up other crimes, including Cohen's campaign finance crimes and alleged tax issues.
Trump pleaded not guilty to the charges and decried the case as a "witch hunt". His lawyers argued that the reimbursement payments to Cohen were not unlawful, stating that Trump "cannot be said to have falsified business records of the Trump Organization by paying his personal attorney using his personal bank accounts." They also asserted that the payments were monthly legal retainers and that the accounts of extramarital affairs could have harmed Trump and his family, regardless of his candidacy.
The trial attracted enormous attention and shaped Trump's unorthodox presidential campaign. In May 2024, Trump was found guilty on all 34 counts, making him the first former U.S. president to become a convicted felon.
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Campaign finance law violations
In 2024, former US President Donald Trump went on trial for 34 counts of falsifying business records. The charges were related to hush money payments made to adult film actress Stormy Daniels (real name Stephanie Clifford) during his 2016 election campaign.
Trump's former lawyer, Michael Cohen, paid Daniels $130,000 in October 2016 to cover up her allegations of a sexual encounter with Trump in 2006. Cohen pleaded guilty in 2018 to violating campaign finance laws by making this payment and testified that Trump directed him to do so. Trump 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 made through the Trump Organization and Trump's personal bank account and were allegedly falsely labelled as legal services through a retainer agreement.
While hush money agreements entered into consensually are legal, they can be illegal if they cover up a crime or are non-consensual. In Trump's case, he was not charged with making the payment to Daniels or reimbursing Cohen. Instead, he was charged with falsifying business records, as the reimbursement payments to Cohen were allegedly disguised as legal payments.
Trump pleaded not guilty to the charges and decried the case as a "witch hunt". His attorneys argued that the reimbursement payments to Cohen were not unlawful and that Trump was not falsifying business records by paying his personal attorney using his personal bank accounts. They also argued that the payments were a personal expense meant to spare Trump and his family embarrassment.
The outcome of the trial hinged on Trump's intent. Prosecutors had to prove that Trump knew Cohen's payment before the 2016 election was illegal and that he tried to conceal it. If they could not prove this beyond a reasonable doubt, Trump could be acquitted.
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Frequently asked questions
In 2016, adult film star Stormy Daniels alleged that she had a sexual encounter with Donald Trump in 2006. In the lead-up to the 2016 presidential election, Daniels was in talks with media outlets to go on the record with her story.
In October 2016, Trump's lawyer Michael Cohen paid Daniels $130,000 through a shell company to keep quiet about the alleged affair. Cohen claimed that Trump reimbursed him for the payment.
Trump was charged with falsifying business records to hide the true nature of the repayment to Cohen. He was found guilty of 34 felony counts of falsifying business records.
Trump denied any encounter with Daniels and pleaded not guilty to the charges. His lawyers argued that the payments to Cohen were monthly legal retainers.
Trump was sentenced to an unconditional discharge, meaning he received no penalty beyond the criminal conviction. He avoided jail time, fines, or probation.
