The first statement of facts from The People of the State of New York -against- Donald J. Trump, Defendant is as follows:

1. The defendant DONALD J. TRUMP repeatedly and fraudulently falsified New York business records to conceal criminal conduct that hid damaging information from the voting public during the 2016 presidential election.

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK, The People of the State of New York -against- Donald J. Trump, Defendant. Statement of Facts IND-715443-23

The criminal indictment against Donald Trump is about his attempt to influence the outcome of the 2016 election by concealing information that would damage his bid for the presidency. This is not about an affair that he had with Stormy Daniels or Karen McDougal. No, this is a case of business fraud and the cover-up of payments made illegally, which is in violation of election law.

Some want to claim that this indictment is political persecution. Hint: those that claim this are Trump’s lawyers and Trump’s cult of mourners. This is not political persecution. Donald Trump is one that engaged in rants of persecution against the legal system of the United States, including the District Attorney, Alvin Bragg, and his family, and the Superior Court Judge Juan M. Merchan. As soon as Trump returned to Mar-A-Lago after his indictment and arrest in New York, he unleashed his “I have a Trump-hating judge” speech claiming the judge, his wife, and his family hates Trump.

The Facts

Two documents (the indictment and the facts) outline the case against Donald Trump.

The crime that Trump committed involved a conspiracy. The conspiracy is spelled out involving Donald Trump, David Pecker (the publisher of the National Inquirer), and Michael Cohen (“Lawyer A”). They engaged in a “catch and kill” scheme to kill any negative stories about Trump. Teri Kanefield, lawyer and author of books and articles about the law, makes the conspiracy clear in this statement:

From August 2015 to December 2017, the Defendant orchestrated a scheme with others to influence the 2016 presidential election by identifying and purchasing negative information about him to suppress its publication and benefit the Defendant’s electoral prospects. In order to execute the unlawful scheme, the participants violated election laws and made and caused false entries in the business records of various entities in New York. The participants also took steps that mischaracterized, for tax purposes, the true nature of the payments made in furtherance of the scheme.

Teri Kanefield, “The People of New York v. Donald J. Trump (documents explained and questions answered), terikanefield.com, April 5, 2023.

Kanefield makes also point out that falsifying records is a crime. In this case against Trump, the evidence is documentary, and she notes it’s easy to prove. Here’s what the conspirators did to cook the books:

Each check was processed by the Trump Organization, and each check was disguised as a payment for legal services rendered in a given month of 2017 pursuant to a retainer agreement. The payment records, kept and maintained by the Trump Organization, were false New York business records. In truth, there was no retainer agreement, and Lawyer A was not being paid for legal services rendered in 2017.

Ibid.

After I read Kanefield’s analysis, I understood that the case against Trump is based on factual information. It doesn’t appear to be political retribution.

The Indictment

There are 34 felony charges against Trump. The key statement for each charge is as follows:

AND THE GRAND JURY AFORESAID, by this indictment, further accuses the defendant of the crime of FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE, in violation of Penal Law §175.10, committed as follows: The defendant, in the County of New York and elsewhere, on or about February 14, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, made and caused a false entry in the business records of an enterprise, to wit, an entry in the Detail General Ledger for the Donald J. Trump Revocable Trust, bearing voucher number 842457, and kept and maintained by the Trump Organization.

SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NEW YORK, The People of the State of New York -against- Donald J. Trump, Defendant. Statement of Facts IND-715443-23

New York Penal Law §175.10

According to the Laws of New York, Section 175.10) falsifying business records in the first degree is a class E felony. The law states that a person (in this case Donald Trump) is guilty of falsifying business records in the first degree when he commits the crime of falsifying business records in the second degree, and when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.

Why so many charges?

Before the 2016 election, Michael Cohen used his money to pay for the silence of Stormy Daniels, Karen McDougal, and a doorman. Trump promised to pay Cohen back. Cohen would be born in monthly installments starting in January 2017. Records of these payments were kept. The descriptions of the check number (with Trump’s signature) and voucher number appear in the indictment as separate counts. Donald Trump, Jr. signed one of the checks.
Furthermore, there are charges indicating the defendant intended to defraud and intended to commit another crime and aid and conceal the commission of the crime. Trump’s organization made false entries in the business records claiming the money paid to Cohen was a business expense. Each month, Trump, Cohen, and the Trump Organization committed three chargeable felonies.

Why it Matters?

Donald Trump has been investigated for years – including most of his time in the Oval Office. He flaunted and obstructed attempts to look into his illicit, immoral, and perhaps unlawful activities. He conspired with others, especially his attorney Michael Cohen, and David Pecker, in a “catch and kill” scheme, to silence a doorman at the Trump-owned property, a former Playboy model, and adult film actress Stormy Daniels. The “catch and kill” scheme forms the basis for the indictment. Trump silenced these three with money, which was paid by either Cohen or Pecker. Trump directed an arrangement that was illegal from the start. The payment of hush money to quiet someone (in this case before a presidential election) has led to the indictment, and possible guilty verdict in the Trump trial that may take place next January.

It matters for this to play out in a court of law. Trump falsified business records to cover up a crime. He needs to be held accountable.