NEW YORK (AP) — Monday’s opening statements in the first criminal trial of a former American president provided a clear roadmap of how prosecutors will try to make the case that Donald Trump broke the law, and how the defense plans to fight the charges on multiple fronts.
Lawyers presented dueling narratives as jurors got their first glimpse into the prosecution accusing Trump of falsifying business records as part of a scheme to squelch negative stories about him during his 2016 presidential campaign.
Still to come are weeks of what’s likely to be dramatic and embarrassing testimony about the presumptive Republican presidential nominee’s personal life as he simultaneously campaigns to return to the White House in November.
Here’s a look at some key takeaways from opening statements:
ELECTION FRAUD VS. ‘BOOKKEEPING’ CASETrump is charged with 34 counts of falsifying internal Trump Organization business records. But prosecutors made clear they do not want jurors to view this as a routine paper case. Prosecutor Matthew Colangelo repeatedly told jurors that that at the heart of the case is a scheme to “corrupt” the 2016 election by silencing women who were about to come forward with embarrassing stories he feared would hurt his campaign.
“No politician wants bad press,” Colangelo said. “But the evidence at trial will show that this was not spin or communications strategy. This was a planned, long-running conspiracy to influence the 2016 election, to help Donald Trump get elected through illegal expenditures to silence people who had something bad to say about his behavior.” He added: “It was election fraud, pure and simple.”
The business records charges stem from things like invoices and checks that were deemed legal expenses in Trump Organization records when prosecutors say they were really reimbursements to former Trump lawyer Michael Cohen for a $130,000 hush money payment to porn actor Stormy Daniels. Daniels was threatening to go public with claims she had an extramarital sexual encounter with Trump. He says it never happened.
Prosecutors’ characterizations appear designed to combat suggestions by some pundits that the case — perhaps the only one that will go to trial before the November election — isn’t as serious as the other three prosecutions he’s facing. Those cases accuse Trump of trying to overturn the 2020 election he lost to President Joe Biden and illegally retaining classified documents after he left the White House.
Trump, meanwhile, sought to downplay the accusations while leaving the courtroom on Monday, calling it all a “bookkeeping” case and “a very minor thing.”
TRUMP’S DEFENSE COMES INTO VIEWTrump’s attorney used his opening statement to attack the case as baseless, saying the former president did nothing illegal.
The attorney, Todd Blanche, challenged prosecutors’ claim that Trump agreed to pay Daniels to aid his campaign, saying Trump was trying to “protect his family, his reputation and his brand.”
Blanche indicated the defense will argue that after all the very point of a presidential campaign is to try to influence an election.
“It’s called democracy,” Blanche told jurors. “They put something sinister on this idea, as if it’s a crime. You’ll learn it’s not.”
Blanche also portrayed the ledger entries at issue in the case as pro forma actions performed by a Trump Organization employee. Trump “had nothing to do with” the allegedly false business records, “except that he signed the checks, in the White House, while he was running the country,” Blanche said.
PROSECUTORS AIM TO PUT TRUMP AT THE CENTERThe 34 counts in the indictment are related to the payment to Daniels. But prosecutors plan to introduce evidence about a payoff to another woman — former Playboy model Karen McDougal — who claimed a sexual encounter with Trump, as well as to a Trump Tower doorman who claimed to have a story about Trump having a child out of wedlock. Trump says they were all lies.
Prosecutors said they will show Trump was at the center of the scheme to silence the women, telling jurors they will hear Trump in his voice talking about the plan to pay McDougal. Cohen arranged for the publisher of the National Enquirer supermarket tabloid to pay McDougal $150,000 but not print the story in a practice known as “catch-and-kill.”
Colangelo told jurors prosecutors will play for them a recording Cohen secretly made during a meeting with Trump weeks before the 2016 election. In the recording, which first became public in 2018, Trump is heard saying: “What do we got to pay for this? One-fifty?”
Trump “desperately did not want this information about Karen McDougal to become public because he was worried about its effect on the election,” Colangelo said.
COHEN’S CREDIBILITY IN THE SPOTLIGHTTrump’s opening statement previewed what will be a key strategy of the defense: trying to discredit Cohen, a Trump loyalist turned critic and expected star witness for the prosecution. Cohen pleaded guilty to federal charges related to the hush money payments in 2018 and and served prison time.
Whether jurors believe Cohen, who says he arranged the payments to the women at Trump’s direction, could make or break the case for Manhattan District Attorney Alvin Bragg’s office.
Trump’s lawyer highlighted Cohen’s criminal record, describing him as a serial liar who turned against Trump after he was not given a job in the administration after Trump’s 2016 victory and found himself in legal trouble. Blanche said Cohen’s “entire financial livelihood depends on President Trump’s destruction,” noting he hosts podcasts and has written books bashing his ex-boss.
“He has a goal and an obsession with getting Trump,” Blanche said. “I submit to you that he cannot be trusted.”
Anticipating the defense attacks on Cohen, the prosecution promised to be upfront about the “mistakes” the former Trump attorney has made. But Colangelo said “you can credit Michael Cohen’s testimony” despite his past.
“I suspect the defense will go to great lengths to get you to reject his testimony precisely because it is so damning,” the prosecutor said.
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