Understanding the Donald Trump Hush Money Trial

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Former President Donald Trump is facing trial this month in Manhattan. He is accused of being involved in a hush money scheme to silence his alleged mistresses before the 2016 election.

It will be historic; no former US president has ever faced criminal prosecution.

It will be salacious; the alleged mistresses are a former adult-film actress and a Playboy model.

Former President Donald Trump attends a pre-trial hearing at Manhattan Criminal Court on February 15 in New York City.

Former President Donald Trump attends a pre-trial hearing at Manhattan Criminal Court on February 15 in New York City.

Steven Hirsch/Pool/Getty Images

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What questions do you have about Trump’s hush-money trial?

While the trial involves the former president, who maintains his innocence, some may argue that it is not the trial of the century. Trump is also dealing with three other criminal trials in federal court and in Georgia for more serious offenses such as election interference, conspiracy, and mishandling classified documents post his presidency.

Navigating through all these trials and the people involved can be quite confusing, especially with the addition of four criminal cases on top of Trump's civil legal troubles for defamation, sexual misconduct, and business fraud.

To catch up on the details of the first criminal trial, here's what you need to know:

What is the basic overview of the hush money case? Two women, who claimed to have had relationships with Trump prior to his presidential campaign, received payments totaling six figures shortly before the 2016 election.

Karen McDougal, a Playboy model, was the first woman to be paid $150,000 by American Media Inc., the parent company of the National Enquirer, for the rights to her story. However, AMI did not publish her story, following a practice known as "catch and kill."

AMI also paid to "catch and kill" a story from a former Trump Tower doorman who alleged that Trump had an undisclosed child. This claim, approved by Trump's friend David Pecker, who was CEO of AMI at the time, has not been supported by any other news sources.

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Karen McDougal and the 'catch and kill' system

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The second woman, known professionally as Stormy Daniels, was originally named Stephanie Clifford. She received $130,000 from Trump's former lawyer, Michael Cohen, to keep quiet about her experiences with Trump. Cohen borrowed money against his house to make this payment right before the election.

During the last days of the 2016 election, Trump's campaign was especially concerned about reports of sexual misconduct. The "Access Hollywood" tape, where Trump made inappropriate comments about women, was receiving a lot of media attention.

After the election, Trump’s company paid Cohen back for the payment to Daniels.

How did these payments and the alleged affairs come to light?

The Wall Street Journal revealed details about the AMI catch-and-kill scheme and mentioned that Daniels was considering sharing her story just days before the 2016 Election. It was also mentioned that McDougal and Daniels had the same lawyer.

However, the situation didn't escalate until January 2018, when the Journal reported on the payments that Cohen had made to Daniels.

Were these hush money payments illegal?

Yes. Cohen and AMI have both admitted they broke laws.

Cohen admitted guilt to two campaign finance charges in August 2018. The first charge was for arranging an illegal campaign contribution from AMI to McDougal. The second charge was for making an excessive campaign contribution for the payment to Daniels.

Although AMI, now called a360media, was not charged by federal authorities, the company did confess to making the payment to McDougal. As a result, AMI paid a $187,500 fine to the Federal Election Commission for violating campaign finance laws.

What did Trump know about the payments? It seems that Cohen recorded a conversation with Trump regarding the payment to Daniels. In the recording, they are heard discussing whether to make the payment in cash.

Cohen has testified to the grand jury that indicted Trump. Trump initially denied knowing about the payments in 2018, but later admitted in a tweet that he did make them to Cohen. Trump claimed the payments were unrelated to the campaign.

What law is Trump being accused of breaking?

Manhattan District Attorney Alvin Bragg revealed that Trump has been indicted by a grand jury in April 2023. The accusation against the former president is for "falsifying New York business records to hide damaging information and illegal activities from American voters both before and after the 2016 election."

In legal terms, Trump faces 34 charges of falsifying business records, which is classified as a Class E felony. This serious charge was brought against Trump because prosecutors believe he altered business records with the intention of committing or concealing another crime related to his 2016 campaign.

This is the least serious type of felony in New York. If Trump is found guilty, the judge could sentence him to probation or a maximum sentence of up to four years in state prison on each count. There’s a lot more to this.

This story is quite lengthy and scandalous, and the summary provided here only touches the tip of the iceberg.

The focus is not just on the payments, but also on whether the reported affairs actually took place. Trump refutes these claims. However, two women with strikingly similar accounts assert that they engaged in sexual activities with Trump in 2006. They both encountered him at a golf event in Lake Tahoe and claimed to have visited him in a bungalow at the Beverly Hills Hotel.

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Stormy Daniels: 'I have no reason to lie'

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It took a long time to build this case. Federal investigators did not charge Trump, but the Manhattan DA took years to bring the case to a grand jury. This could be the only one of the four criminal cases against Trump to go to trial before the November election.

Courtroom drama is expected. Judge Juan Merchan, who is overseeing the hush money case, issued a gag order on Trump after the former president attacked Merchan's daughter on social media. Despite this, Trump may still campaign outside the courtroom, criticizing New York authorities like Bragg.

It is a Shakespearean drama. Cohen has transformed from being Trump’s fixer to becoming his enemy. Former attorney of Daniels, Michael Avenatti, who used to frequently appear on TV, is currently serving time in federal prison for embezzling clients’ funds. The witness list for this hush money case includes ex-Trump aides like Hope Hicks.

McDougal has mostly remained out of the spotlight, while there is a documentary solely dedicated to Daniels.

This case feels like a throwback to an earlier time in US politics when Trump was still the outsider reality TV candidate. It appears much smaller compared to the federal and Fulton County, Georgia cases, which accuse him of trying to fraudulently overturn the 2020 election rather than conceal personal accusations before the 2016 election.

However, the progress of those other cases is being delayed. The Supreme Court is taking its time to consider Trump’s claim that he should be exempt from all federal prosecution. A federal judge in Miami is considering Trump’s delaying tactics in the classified documents case. The Fulton County DA had to address accusations about her own private conduct. As a result, the New York case regarding hush money paid eight years ago is the one that will go to trial first.

Editor's P/S:

The hush money trial