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The much-awaited charges against Donald Trump show Manhattan District Attorney Alvin Bragg (D) plans to largely rest on campaign laws to prosecute the former president for obscuring his reimbursement of hush money payments.

But sprinkled into charging documents and public statements from Bragg are references to tax law violations — a sign New York prosecutors may be hedging their bets by bringing a broader case against the former president.

Trump was charged on 34 felony counts during his arraignment Tuesday, each stemming from an arrangement Trump made with fixer Michael Cohen after he made a $130,000 payment to adult film star Stormy Daniels.

The case is built on falsification of business records charges, with prosecutors arguing the “unlawful scheme” violated election laws.

“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,” Bragg’s office wrote in a statement of facts accompanying the bare bones indictment.

Hush money payments are not illegal, but when Trump reimbursed Cohen for the payoff, the funds were characterized as legal expenses.

Falsifying business records is a misdemeanor under New York law, one that can be bumped to a felony when done to obscure another crime.

The financial crimes that serve as the underlying basis for Trump’s prosecution are what Bragg referred to as the “bread and butter” of his office, located in the financial capital of the world.

But in hanging much of the case on election laws, Bragg delves into more complex territory, one that requires demonstrating the payments were made in an effort to influence the election as well as grappling with Trump’s status as a federal candidate in the state-level prosecution.

Bragg outlined two voting statutes he alleges Trump violated.

“The scheme violated New York election law, which makes it a crime to conspire to promote a candidacy by unlawful means. The $130,000 wire payment exceeded the federal campaign contribution cap,” he said.

Bragg’s choice of state law is a telling one. In choosing that statute, the prosecutor sidestepped other options under New York law, including those dealing with state campaign finance violations that may have problematic language when it comes to dealing with a federal candidate.

Meanwhile, exceeding campaign contribution limits, a federal crime, is the same crime Cohen pleaded guilty to, one that will require showing the spending was done to influence the election.

Trump’s attorneys have already begun to counter both. Todd Blanche, defense attorney for former President Trump, leaves Manhattan criminal court April 4 in New York. Trump appeared in a New York City courtroom on charges related to falsifying business records in a hush money investigation, the first president ever to be charged with a crime. (AP Photo/Yuki Iwamura)

They’ve argued the payout to Daniels via Cohen was not to win the election, but rather save Trump’s marriage by burying the story of a sexual encounter he denies. And they’ve said that the state doesn’t have the power to prosecute Trump, a federal candidate, on either state or federal charges, asserting that such charges would have to come from a federal prosecutor.

“We’re not going to get to a jury… I think this case is going to fall on its merits, on legal challenges well before we get to a jury,” Trump attorney Joe Tacopina said in a Wednesday morning interview on NBC News.

Bragg does appear to have evidence Trump saw the payout through the lens of the election. Trump allegedly told Cohen, according to paraphrasing of the conversation detailed in court documents, that “if they could delay the payment until after the election, they could avoid paying altogether, because at that point it would not matter if the story became public.”

Norm Eisen, counsel for Democrats in Trump’s first impeachment, has encouraged Bragg to bring charges under both federal and state election laws.

“Look, it can’t be that Donald Trump lives in some special universe when neither state nor federal campaign law applies to him. It has to be that one or the other applies, and I don’t think that a judge is going to buy into that Catch-22,” he told The Hill.

But Bragg implied there may be more charges to the case.

The statement of facts notes that Trump’s organization inflated payments to Cohen to account for the taxes the fixer would have to pay on what was being reported as income rather than a reimbursement. 

“If Trump knows about that, was aware of that, and approved of the falsification of the records in order to conceal the hush money payments and in order to allow Michael Cohen to get a full repayment for the hush money payments he had made, then the tax violation here — offering a false instrument for filing — is in fact one of the crimes that is being covered up through the falsification of business records,” said Josh Stanton, an attorney with Perry Guha who has penned analyses of Bragg’s case. 

The documents say Trump and others “mischaracterized, for tax purposes, the true nature of the payments made in furtherance of the scheme,” but when asked to elaborate, Bragg declined.

“I’m not going to go beyond the plain language in the statement of facts, we think it speaks for itself,” he said in a press conference with reporters just after Trump’s arraignment concluded.

Eisen said the tax statute does give Bragg additional options as he builds his case. Attorneys aren’t expected in court again until December on the matter.

“The DA is notifying Trump and all of us this may be an issue that he will litigate at trial. You know, it’s very common for prosecutors to cast a broad net and then to focus in on their case,” Eisen said.

“Think of it this way. There’s two campaign finance [violations]. There’s state campaign finance violations; federal campaign finance violations — that’s belt and suspenders. This is an additional possibility. Think of it as belt, suspenders, and duct tape. He’s taking no chances on holding up his case, and there’s nothing wrong with that.”

Trump on Tuesday pleaded not guilty on all 34 counts, but it’s still not entirely clear what charges Bragg plans to bring.

Trump’s attorneys must file a bill of particulars in order to get the full scope of Bragg’s claims.

“They do not have to specify the crime at this juncture; they will have to down the road. And the best way to read the sprinkling of the reference to potential tax violation is that they are clearly reserving the right to use that state tax statute as a third way of elevating what would ordinarily be a misdemeanor into a felony,” said Jeff Robbins, a former prosecutor now in private practice.

The dozens of charges reflect each of the checks that Trump signed to Cohen, at least nine of which he signed directly. 

Stanton noted it’s not unusual for prosecutors to hold back on some elements of their case. House GOP probe into Trump indictment spurs new battle Trump’s New York legal drama: What’s next

“This is a lot of counts, but it’s really a simple indictment: Trump is charged with falsifying business records in his repayments to Michael Cohen through 11 checks in 2017, including nine he signed personally,” he said. 

“The detailed Statement of Facts makes plain that Bragg is pursuing both campaign finance violations, as well as tax offenses to bump up the charges to felonies. He need not say that outright in the indictment. Indeed, that’s normal.” 

Updated at 5:36 p.m.

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Inquiry into Southport stabbings announced after Axel Rudakubana admits murder

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Inquiry into Southport stabbings announced after Axel Rudakubana admits murder

An inquiry into the Southport stabbings has been announced by the government.

It comes after Axel Rudakubana, 18, admitted murdering Alice da Silva Aguiar, nine, Bebe King, six, and Elsie Dot Stancombe, seven, in the attack in Southport, Merseyside, in July last year.

In a statement, Home Secretary Yvette Cooper said that now there has been a guilty plea, “the families and the people of Southport need answers about what happened leading up to this attack”.

Politics latest: PM says ‘grave questions to answer’ over Southport

It has now emerged that Rudakubana was referred to the government anti-extremism scheme – known as Prevent – three times before the murders due to a fixation with violence.

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Southport murderer – what you need to know

In her statement, Ms Cooper said these three referrals happened in the 17 months between December 2019 and April 2021, when Rudakubana was 13 and 14 years old.

He was also in contact with the police, the courts, the youth justice system, social services and mental health services.

“Yet between them, those agencies failed to identify the terrible risk and danger to others that he posed,” Ms Cooper said.

“We also need more independent answers on both Prevent and all the other agencies that came into contact with this extremely violent teenager as well as answers on how he came to be so dangerous.”

Axel Rudakubana. Pic: Merseyside police
Image:
Axel Rudakubana. Pic: Merseyside police

Rudakubana is set to be sentenced on Thursday – with the judge saying a life sentence is “inevitable”.

Sir Keir Starmer said earlier today: “The news that the vile and sick Southport killer will be convicted is welcome.

“It is also a moment of trauma for the nation and there are grave questions to answer as to how the state failed in its ultimate duty to protect these young girls.

“Britain will rightly demand answers. And we will leave no stone unturned in that pursuit.”

After the attacks in July 2024, there were calls for more information about what was known by authorities to be released and violent riots took place across the country.

Read more:
Mugshot of Axel Rudakubana released
People of Southport are trying to make sense of horror

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Southport attacker pleads guilty

Ms Cooper said the government was not able to release more information sooner about Rudakubana because the Crown Prosecution Service wanted to “avoid jeopardising the legal proceedings” – including any potential trials – “in line with the normal rules of the British justice systems”.

However, the government launched an “urgent” review into Rudakubana’s contact with Prevent last summer – and details will be published this week.

Ms Cooper said this “terrible case” comes against a “backdrop” of increasing numbers of teenagers being referred to Prevent, investigated by anti-terror police being referred to other agencies “amid concerns around serious violence and extremism”.

“We need to face up to why this has been happening and what needs to change,” she said.

Speaking earlier today, Conservative leader Kemi Badenoch said: “As we learn more details of Axel Rudakubana’s horrific crimes, my thoughts are first and foremost with the victims’ families.

“We will need a complete account of who in government knew what and when. The public deserves the truth.

“This case is still in court and there are, properly, limits on what can be said at this stage.

“But once it concludes on Thursday with sentencing, there are many important questions the authorities will need to answer about the handling of this case and the flow of information.”

Reform UK leader Nigel Farage accused the government of a “cover-up”, and said the “vacuum of information” led to the riots.

He called on Ms Cooper to make an apology in the Commons.

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Inquiry into Southport stabbings announced after Axel Rudakubana admits murder

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Inquiry into Southport stabbings announced after Axel Rudakubana admits murder

An inquiry into the Southport stabbings has been announced by the government.

It comes after Axel Rudakubana, 18, admitted murdering Alice da Silva Aguiar, nine, Bebe King, six, and Elsie Dot Stancombe, seven, in the attack in Southport, Merseyside, in July last year.

In a statement, Home Secretary Yvette Cooper said that now there has been a guilty plea, “the families and the people of Southport need answers about what happened leading up to this attack”.

Politics latest: PM says ‘grave questions to answer’ over Southport

It has now emerged that Rudakubana was referred to the government anti-extremism scheme – known as Prevent – three times before the murders due to a fixation with violence.

Please use Chrome browser for a more accessible video player

Southport murderer – what you need to know

In her statement, Ms Cooper said these three referrals happened in the 17 months between December 2019 and April 2021, when Rudakubana was 13 and 14 years old.

He was also in contact with the police, the courts, the youth justice system, social services and mental health services.

“Yet between them, those agencies failed to identify the terrible risk and danger to others that he posed,” Ms Cooper said.

“We also need more independent answers on both Prevent and all the other agencies that came into contact with this extremely violent teenager as well as answers on how he came to be so dangerous.”

Axel Rudakubana. Pic: Merseyside police
Image:
Axel Rudakubana. Pic: Merseyside police

Rudakubana is set to be sentenced on Thursday – with the judge saying a life sentence is “inevitable”.

Sir Keir Starmer said earlier today: “The news that the vile and sick Southport killer will be convicted is welcome.

“It is also a moment of trauma for the nation and there are grave questions to answer as to how the state failed in its ultimate duty to protect these young girls.

“Britain will rightly demand answers. And we will leave no stone unturned in that pursuit.”

After the attacks in July 2024, there were calls for more information about what was known by authorities to be released and violent riots took place across the country.

Read more:
Mugshot of Axel Rudakubana released
People of Southport are trying to make sense of horror

Please use Chrome browser for a more accessible video player

Southport attacker pleads guilty

Ms Cooper said the government was not able to release more information sooner about Rudakubana because the Crown Prosecution Service wanted to “avoid jeopardising the legal proceedings” – including any potential trials – “in line with the normal rules of the British justice systems”.

However, the government launched an “urgent” review into Rudakubana’s contact with Prevent last summer – and details will be published this week.

Ms Cooper said this “terrible case” comes against a “backdrop” of increasing numbers of teenagers being referred to Prevent, investigated by anti-terror police being referred to other agencies “amid concerns around serious violence and extremism”.

“We need to face up to why this has been happening and what needs to change,” she said.

Speaking earlier today, Conservative leader Kemi Badenoch said: “As we learn more details of Axel Rudakubana’s horrific crimes, my thoughts are first and foremost with the victims’ families.

“We will need a complete account of who in government knew what and when. The public deserves the truth.

“This case is still in court and there are, properly, limits on what can be said at this stage.

“But once it concludes on Thursday with sentencing, there are many important questions the authorities will need to answer about the handling of this case and the flow of information.”

Reform UK leader Nigel Farage accused the government of a “cover-up”, and said the “vacuum of information” led to the riots.

He called on Ms Cooper to make an apology in the Commons.

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Southport attacker Axel Rudakubana referred to anti-extremism scheme Prevent three times

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Southport attacker Axel Rudakubana referred to anti-extremism scheme Prevent three times

Southport attacker Axel Rudakubana was referred to the government’s anti-extremism Prevent scheme three times before the murders.

Rudakubana, 18, pleaded guilty to the murders of Alice da Silva Aguiar, nine, Bebe King, six, and Elsie Dot Stancombe, seven, at Liverpool Crown Court on what was due to be the first day of his trial on Monday.

He also admitted 10 counts of attempted murder and possession of a kitchen knife over the mass stabbing as well as charges of producing ricin and possessing an al Qaeda training manual found in searches of his home in Banks, Lancashire, in the following days.

Eight other children, aged between seven and 13, along with yoga instructor Leanne Lucas and businessman John Hayes were injured in the attack at the Hart Space in the Merseyside town on 29 July.

It has now emerged he was referred to Prevent three times amid concerns over his fixation with violence.

Anyone referred to the scheme is assessed and if deemed a terrorism risk referred to another programme, Channel, although many referrals don’t result in any further police action.

Prime Minister Sir Keir Starmer said there were “grave questions to answer as to how the state failed in its ultimate duty to protect these young girls”.

Elsie Dot Stancombe, Alice Dasilva Aguiar and Bebe King.
Pic: Merseyside Police
Image:
Elsie Dot Stancombe, Alice da Silva Aguiar and Bebe King.
Pic: Merseyside Police

Just a week before the attack, Rudakubana, then 17, booked a taxi to take him to Range High School in Formby, but his father stopped him from leaving, it is understood.

The teenager, who has been diagnosed with autism spectrum disorder, was expelled from the school in around 2019 over claims he was carrying a knife after telling Childline he was being racially bullied and brought the knife to protect himself.

It is understood that, after his exclusion, he returned to the school to target a former bully or someone he had a grievance with and assaulted someone with a hockey stick.

Rudakubana then attended two specialist schools, where teachers were concerned about his behaviour.

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Man ‘locked eyes’ with knifeman

Not guilty pleas had previously been entered on Rudakubana’s behalf to all 16 charges after he stayed silent at previous hearings.

He refused to stand or confirm his identity as he changed his pleas to guilty, while none of his victims’ family members were in court, as prosecutors were expected to open their case on Tuesday.

Wearing a grey tracksuit and surgical face mask, he showed no emotion as he was taken down to the cells, surrounded by four dock officers and an intermediary.

The judge, Mr Justice Goose said he would sentence the teenager on Thursday, telling him: “You will understand it is inevitable the sentence to be imposed upon you will mean a life sentence.”

But he is not expected to be handed a whole life order, a sentence meaning he would never be released, because of his age at the time.

Judges can only impose the term on criminals who were aged 21 and over at the time of the offence, but it can be considered for those aged 18 to 20 in exceptional circumstances.

A prison van believed to contain Axel Rudakubana  arriving at Liverpool Crown Court ahead of his trial. The 18-year-old is charged with three counts of murder, 10 attempted murders and possession of a knife, after a stabbing attack on a Taylor Swift-themed children's holiday club class in Southport, Merseyside on July 29, 2024. Picture date: Monday January 20, 2025. PA Photo. See PA story COURTS Southport. Photo credit should read: Peter Byrne/PA Wire
Image:
A prison van believed to contain Axel Rudakubana arrives at Liverpool Crown Court. Pic: PA

The Southport attack, which has not been declared terror-related, sparked a wave of violence across the country as riots broke out after posts spread online that claimed the suspect was a 17-year-old asylum seeker, who had come to the country by boat.

After the guilty plea today, Deputy Chief Crown Prosecutor Ursula Doyle said: “This was an unspeakable attack, one that has left an enduring mark on our community and the nation for its savagery and its senselessness.

“At the start of the school holidays, a day which should’ve been one of carefree innocence, of children enjoying a dance workshop and making friendship bracelets, became a scene of the darkest horror as Axel Rudakubana carried out his meticulously planned rampage.

“It is clear that this was a young man with a sickening and sustained interest in death and violence. He has shown no sign of remorse.”

Read more from Sky News:
Police release mugshot of Rudakubana

How the people of Southport are trying to make sense of horror

Rudakubana was born in Cardiff to Rwandan parents, where neighbours of the family described a “lovely couple” with a hardworking father and stay-at-home mother to “two boisterous boys”.

In 2013, they moved to the village of Banks, just a few miles outside of Southport, where his father, Alphonse Rudakubana, trained with local martial arts clubs.

A profile of Mr Rudakubana, printed in local newspaper the Southport Visiter in 2015, said he was originally from Rwanda, a country that suffered a deadly genocide in the early 1990s, and moved to the UK in 2002.

When he was 11 years old, Rudakubana appeared dressed as Doctor Who in a television advert for BBC Children In Need, after being recruited through a casting agency, it is understood.

Pic: BBC Children in Need
Image:
Pic: BBC Children in Need

The now-deleted clip shows him leaving the Tardis wearing a trench coat and tie to look like the show’s former star David Tennant and offering advice on how best to raise money.

At his first appearance at Liverpool Crown Court, Deanna Heer KC, prosecuting, said it was understood Rudakubana had been unwilling to leave the house and communicate with his family for a period of time before the attack.

“He was seen by the psychiatrists at the police station but refused to engage with them,” she said.

The court was told he had no obvious evidence of mental health disorder which required hospital treatment and his mother, father and older brother were said to have been co-operating with police and had provided witness statements.

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