On a historic day for the United States, a New York jury heard opening arguments in the hush money case against Donald Trump. This is the first criminal trial against a former president in the country's history.
Assistant District Attorney Matthew Colangelo on Monday announced charges against President Trump for allegedly falsifying business records to conceal payments to adult film stars with whom he allegedly had sexual relationships.
Prosecutors allege the money was intended to silence adult entertainer Stormy Daniels before the 2016 U.S. presidential election.
“This case is about criminal conspiracy and cover-up,” Colangelo said, according to US media reports inside the New York City courtroom.
Trump's lawyers also came out in their defense in opening statements Monday morning, rejecting the state's claims in their entirety. “President Trump is innocent. President Trump has not committed any crime,” said Todd Blanche, Trump's attorney.
Opening arguments are expected to be a tense six-week trial, the outcome of which could have far-reaching implications for the country, experts said.
“Both sides did what most legal experts expected,” said Ronald Sullivan Jr., a professor at Harvard Law School and director of the Criminal Justice Institute.
“The prosecution characterized the act as premeditated, whereas the defense argued that the act was not criminal at all,” Sullivan told Al Jazeera.
“I think this is where the front continues to fall apart even further.”
legal threshold
The New York case is one of four criminal charges against Trump, the presumptive Republican nominee for November's presidential election despite his legal problems.
The former president faces 34 felonies for falsifying business records in connection with payments to Daniels, a married real estate developer turned politician who said he had a sexual relationship with the former president. There is.
President Trump has denied the allegations and called the charges a politically motivated “witch hunt.”
Prosecutors have focused on the political aspects of the payments, with Colangelo claiming on Monday that President Trump engaged in a conspiracy aimed at “undermining the integrity” of the 2016 presidential election.
Trump defeated Democratic presidential candidate Hillary Rodham Clinton in that race.
Meanwhile, Trump's lawyer argued that there is “nothing wrong with trying to influence an election.” “It's called democracy,” Blanche said in her opening argument.
Gregory Germain, a law professor at Syracuse University, said the debate is at the heart of the case's legal question: whether Trump's alleged falsification of business records, which is a misdemeanor, rises to the level of a felony under New York state law. He said it highlights the problem.
To be considered a felony, the tampering must be done with “intent to defraud and the intent to commit another crime.”
Court officials note that charging a New York defendant with felony forgery without charging him with a secondary crime is somewhat unusual, but not unprecedented.
Prosecutors need to convince jurors only that the tampering was done with “intent” to cover up or commit another crime, not that Trump succeeded in committing the crime.
Prosecutors suggested in court filings that Trump's secondary crimes may violate New York state law that criminalizes planning to “promote or prevent election to public office by unlawful means.” did.
There is also the possibility of violating federal election law governing expenditure disclosure and New York state tax law.
Germain stressed in his opening statement to Al Jazeera on Monday that “paying hush money” is not itself a crime.
The defense “clearly pointed out that elements were missing.'' [the prosecution’s] It’s a debate,” Germain said. “They have raised this issue with the jury, and it will be discussed at length during closing arguments.”
Germain said prosecutors will ultimately need to present evidence of a secondary crime. “These are the two elements that are essential to this criminal charge. We need to see where the fraud is and where the fraud is. [secondary] crime? “
Look out for Michael Cohen
On Monday, both the prosecution and defense met with one of the key witnesses in the case, former Trump lawyer Michael Cohen.
Mr. Cohen, a convicted felon, said he was directed by President Trump to pay Mr. Daniels.
Mr. Trump's team is trying to paint Mr. Cohen as a disgruntled former insider with a personal vendetta against the former president.
Former federal prosecutor and political commentator Xianglong Wu told Al Jazeera that prosecutors previewed Cohen's testimony and used his opening statement ahead of the defense's arguments.
Wu said prosecutors are emphasizing two things. “One is that everything is supported by documentation. [Cohen’s] Words against President Trump.
“Secondly, Mr. Cohen explains the fact that Mr. Trump is going to help show the extent to which Mr. Trump is involved in everything that's going on, and Mr. He tried to deny the defense in advance, saying he simply didn't know the details.
Blanche described Cohen as a “criminal” who was “obsessed” with Trump. “I say he cannot be trusted,” the defense attorney said.
Mr. Trump's defense team's emphasis on Mr. Cohen effectively “put all their eggs in one basket,” Mr. Wu said.
“If Cohen is OK. [during his testimony], they are really sinking. And they have to retreat,” Wu explained.
“And that may be at the request of President Trump's lawyers: 'This guy is a traitor. He's a piece of trash. We really have to attack him,'” he continued.
“I think their best argument is to say, 'Look, this isn't about election interference.' He just wanted to get this scandal out of the way for the sake of his family.” They're there. I think we should have put more emphasis on it. ”
Trump's views
It remains to be seen what impact, if any, this trial will have on Trump's chances of being re-elected in November. He is expected to face Democratic incumbent Joe Biden in a rematch of the 2020 election.
A Reuters/Ipsos poll conducted this month found that 24% of Republican voters said they would not vote for Trump if a jury convicted him of a felony.
A separate poll conducted by The Economist/YouGov found that Americans are highly divided on the merits of the case, with 43% saying Trump should be convicted; 37% of people thought that it was not.
But Monday's legal proceedings gave both prosecutors and Trump's defense team a chance to paint their own portraits of the former president for the jury.
Sullivan, of Harvard Law School, said this is especially important because “the overwhelming majority of jurors tend to make up their minds by the end of opening statements and hold onto that opinion throughout the trial.”
For example, Blanche on Monday described the former president as a “man,” “husband” and “father.” He also cited Trump's ties to New York, where he built his real estate empire.
“Use common sense,” Blanche told jurors. “We are New Yorkers. That's why we're here.”
Sullivan explained, “One of the techniques of a good trial lawyer is to put the client, figuratively, in the jury box with the jury.”
Trump's lawyers want jurors to believe that the former president is also one fighting a tyrannical state. [is the] “That's the basic theory that President Trump wants jurors to believe,” Sullivan said.
Sullivan said prosecutors hope to convince jurors that Trump “is a man who never follows the rules, and no one is above the law.”
The argument, he added, is that “President Trump committed a crime and should be held accountable.”
