Prosecutors in New York explained to a jury Monday why they believe former President Donald Trump broke the law when he paid a porn star during the 2016 presidential campaign to keep quiet about an alleged affair. Trump's lawyers have denied the allegations and said their client did not commit a crime.
Prosecutors in the opening statement, at the first criminal trial of a former American president in history, accused Trump of "criminal conspiracy and cover-up".
Assistant District Attorney Michael Colangelo said Trump falsified business documents so that, through his then-lawyer Michael Cohen, he could pay porn star Stormi Daniels $130.000 to keep quiet about a potentially damaging sexual relationship ahead of the election.
"This case has to do with criminal conspiracy and cover-up. He orchestrated a criminal plan to manipulate the results of the 2016 presidential election," the prosecutor said.
Trump has pleaded not guilty to 34 counts of forgery brought by Manhattan District Attorney Alvin Bragg and denies having sex with Daniels.
Colangelo said Trump returned money Cohen paid Daniels on his behalf and disguised it as legal fees by falsifying 11 invoices, 12 records and 11 checks.
"These were lies. There was no agreement to hire a lawyer, Cohen was not paid for legal services. The defendant falsified business documents because he wanted to cover up his and others' criminal actions," the prosecutor said.
The payments to Daniels, according to prosecutors, were part of a broader conspiracy in which Trump was involved along with Cohen and tabloid publisher David Packer to cover up negative information about the Republican candidate that would help him defeat then-Democratic candidate Hillary Clinton. Trump ended up winning the 2016 election.
In opening statements, Trump's lawyers rejected accusations that their client was responsible for the cover-up and said he did not commit a crime in the 2017 payments to the lawyer.
"President Trump is innocent. President Trump has not committed a single crime. The Manhattan District Attorney's office should never have brought this case," said Trump's attorney, Todd Blanche.
"There is nothing wrong with trying to influence elections. It's called democracy. They presented that idea as something sinister, as if it were a criminal act," said Blanche.
Trump is attending opening arguments on Monday, and before arriving in the courtroom he said that "this is a sad day for America."
"I'm here instead of being in Pennsylvania, Georgia, and many other places because of the campaign. This is a witch hunt and it's shameful and it's coming from Washington," Trump said.
At the start of the trial, the judge ruled that prosecutors would be able to ask Trump, if he testified, about two other cases in New York: that he provided false appraisals of his property and that he defamed the writer I. Jean Carroll after she accused him of rape.
Judge Juan Mercan also stated that prosecutors will be able to show jurors a transcript of the TV program "Access Hollywood" in which Trump made vulgar comments about women. Jurors will not be able to see the video itself.
On Monday morning, Trump called on his supporters for peaceful protests.
"Protesters who love America should be allowed to protest in front of courthouses, as they are across the country," Trump said on his social media platform Truth Social. However, there were not many people outside the courtroom.
Many legal experts believe that this case could have the least consequences for Trump. A conviction would not prevent him from assuming the office of president, but it could hurt his candidacy.
Reuters/Ipsos polls show that half of independent voters and one in four Republicans say they would not vote for Trump if he is convicted.
Media: The tabloid publisher is the first witness
Peker is the first witness prosecutors plan to call after opening statements, the New York Times and CNN reported Sunday. According to prosecutors, Packer agreed during a meeting with Trump and Cohen in August 2015 to act as the campaign's "eyes and ears" looking for negative stories about the Republican presidential nominee.
American Media, which publishes the National Inquirer, admitted in 2018 that as part of a deal to avoid criminal prosecution, they paid former Playboy model Karen McDougall $150.000 for the rights to her story about a months-long affair with Trump in 2006 and 2007. The company said that she worked "in concert" with the Trump campaign and the story was never published.
"The evidence will show that the defendant was desperate to have information about Karen McDougall released because he was worried about how it would affect the election," said prosecutor Colangelo, who named Packer as one of the conspirators.
The tabloid reached a similar deal to pay $30.000 to a bouncer who wanted to sell a story that Trump allegedly fathered an illegitimate child, which turned out to be false, according to prosecutors.
Trump said the payments were personal and did not violate election law. He also denied having an affair with McDougall.
At the trial in New York, Trump was accused of falsely recording in the books of his own real estate company a fee to Cohen in 2017 for the payment to Daniels. Prosecutors say he did this to cover up the fact that Cohen's payment exceeded the $2.700 limit on individual campaign contributions at the time.
Testimony about the payments to McDougal and the porter could help prosecutors establish that Cohen's payment to Daniels was part of a broader payment scheme that Trump was trying to keep from coming to light.
Peker's testimony may also help corroborate that of Cohen, the trial's central witness. Prosecutors acknowledged that Cohen could face credibility problems after being convicted and imprisoned for violating federal campaign finance laws.
According to Trump's defense team, prosecutors plan to call at least 20 witnesses. The trial could last six to eight weeks.
So far, Trump's legal troubles have not hurt his political prospects. His approval rating among Republicans soared after the New York charges were announced in April 2023, and polls show him in a "close" race with Biden.
He faces three more criminal charges stemming from his efforts to reverse his 2020 election loss and his handling of classified documents after he left the White House in 2021.
Trump has pleaded not guilty in those cases and portrays them all as an effort by Biden's Democratic allies to undermine his campaign.
Judge Mercan, who is presiding over the case in New York, imposed a limited ban on Trump commenting on the case after he criticized witnesses, prosecutors, the judge and his daughter. Prosecutors are pressuring Mercan to punish Trump for violating that order.
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