The hush money trial in New York against former President Donald Trump is currently in its 18th day. Legal experts believe that prosecutors have yet to identify a specific crime that would elevate misdemeanor charges to felony convictions.
Michael Cohen, Trump’s former attorney and fixer, is scheduled to testify for a second day on Thursday. Prosecutors are alleging that Trump falsified business records in 34 felony counts in the first degree. However, they have not clearly established the additional crime that Trump was trying to conceal by falsifying these records.
The primary issue facing prosecutors is proving that the falsification of records was done with the intent to cover up another crime. Despite suggesting violations of the Federal Election Campaign Act, there is uncertainty whether this can be used as an escalating offense in the case.
Manhattan District Attorney Alvin Bragg brought the indictment against Trump in 2023, extending the statute of limitations by a year using a COVID-19-era law. The prosecution aims to prove that Trump misclassified payments to Cohen as legal expenses to hide hush money payments, allegedly for electoral reasons.
Prosecutor Joshua Steinglass is relying on Section 17-152 under New York law, which relates to conspiracy to promote or prevent an election. However, Trump was not charged with any election-related offenses, adding complexity to the case.
There are concerns about the jury’s task of establishing beyond a reasonable doubt that the falsification of records was done to conceal another crime. The trial is expected to continue into June, with the defense presenting their case starting on Monday.
Ultimately, the true nature of the “other crime” prosecutors are alleging Trump committed may only be revealed when the judge instructs the jury before a verdict is reached.
