At a press conference following Donald Trump’s arraignment on Tuesday, the D.A. Alvin Bragg explained the former President’s motive to make payoffs and falsify business records: “He did so to cover up crimes relating to the 2016 election.”
, an adult-film actress who claimed to have had an affair with Trump. For each of the thirty-four counts, the indictment accused Trump of acting “with intent to defraud and intent to commit another crime and aid and conceal the commission thereof.” Under New York law, intent to break another law is necessary to charge falsifying business records as a felony rather than a misdemeanor.
The Statement of Facts that Bragg’s office filed to the court along with the indictment did spell out the prosecution’s theory of the case, which is that Trump effectively conspired with others to defraud American voters in 2016 by purchasing and suppressing negative information about himself. “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 Statement of Facts says.
On Tuesday evening, I spoke with Marc Agnifilo, a veteran New York criminal-defense lawyer who has also served as an Assistant District Attorney in Manhattan. Agnifilo said that he wasn’t surprised by the Trump indictment. “I’ve had a number of these cases filed by the Manhattan D.A.’s office, and they all take the same bare-bones approach,” Agnifilo said. “They don’t indicate in the charges what that second crime is.
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