Connect with us

Published

on

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.

Continue Reading

Sports

Nats seek ‘fresh approach,’ fire Martinez, Rizzo

Published

on

By

Nats seek 'fresh approach,' fire Martinez, Rizzo

The last-place Washington Nationals fired president of baseball operations Mike Rizzo and manager Davey Martinez, the team announced Sunday.

Rizzo, 64, and Martinez, 60, won a World Series with the Nationals in 2019, but the team has floundered in recent years. This season, the Nationals are 37-53 and stuck at the bottom of the National League East after getting swept by the Boston Red Sox this weekend at home. Washington hasn’t finished higher than fourth in the division since winning the World Series.

“On behalf of our family and the Washington Nationals organization, I first and foremost want to thank Mike and Davey for their contributions to our franchise and our city,” principal owner Mark Lerner said in a statement. “Our family is eternally grateful for their years of dedication to the organization, including their roles in bringing a World Series trophy to Washington, D.C.

“While we are appreciative of their past successes, the on-field performance has not been where we or our fans expect it to be. This is a pivotal time for our club, and we believe a fresh approach and new energy is the best course of action for our team moving forward.”

Mike DeBartolo, the club’s senior vice president and assistant general manager, was named interim GM on Sunday night. DeBartolo will oversee all aspects of baseball operations, including the MLB draft. An announcement will be made on the interim manager Monday, a day before the club begins a series against the St. Louis Cardinals.

Rizzo has been the top decision-maker in Washington since 2013, and Martinez has been on board since 2018. Under Rizzo’s leadership, the team made the postseason four times: in 2014, 2016, 2017 and 2019. The latter season was Martinez’s lone playoff appearance.

“When our family assumed control of the team, nearly 20 years ago, Mike was the first hire we made,” Lerner said. “Over two decades, he was with us as we went from a fledging team in a new city to World Series champion. Mike helped make us who we are as an organization, and we’re so thankful to him for his hard work and dedication — not just on the field and in the front office, but in the community as well.”

The Nationals are in the midst of a rebuild that has moved slower than expected, though the team didn’t augment its young core much during the winter. Led by All-Stars James Wood and MacKenzie Gore, Washington has the second-youngest group of hitters in MLB and the sixth-youngest pitching staff.

The team lost 11 straight games in a forgettable stretch last month. And during a 2-10 run in June, Washington averaged just 2.5 runs. Since June 1, the Nationals have scored one run or been shut out seven times. In Sunday’s 6-4 loss to Boston, they left 15 runners on base.

There was industry speculation over the winter that the Nationals would spend money on free agents for the first time in several years, but that never materialized. Instead, the team made minor moves, signing free agents Josh Bell and Michael Soroka, trading for first baseman Nathaniel Lowe and re-signing closer Kyle Finnegan. Now, the hope is a new management team, both on and off the field, can help change the franchise’s fortunes.

Continue Reading

Sports

Kershaw gets special ASG invite; no Soto, Betts

Published

on

By

Kershaw gets special ASG invite; no Soto, Betts

The rosters for the 2025 MLB All-Star Game will feature 19 first-timers — and one legend — as the pitchers and reserves were announced Sunday for the July 15 contest at Truist Park in Atlanta.

Los Angeles Dodgers left-hander Clayton Kershaw, a three-time Cy Young Award winner who made his first All-Star team in 2011, was named to his 11th National League roster as a special commissioner’s selection.

Kershaw, who became only the fourth left-hander to amass 3,000 career strikeouts, is 4-0 with a 3.43 ERA in nine starts after beginning the season on the injured list. He joins Albert Pujols and Miguel Cabrera as a legend choice, after the pair of sluggers were selected in 2022.

Kershaw said he didn’t want to discuss the selection Sunday.

Among the first-time All-Stars announced Sunday: Dodgers teammate Yoshinobu Yamamoto; Washington Nationals outfielder James Wood and left-hander MacKenzie Gore; Houston Astros ace Hunter Brown and shortstop Jeremy Pena; and Chicago Cubs 34-year-old left-hander Matthew Boyd.

“It’ll just be cool being around some of the best players in the game,” Wood said.

First-time All-Stars previously elected to start by the fans include Seattle Mariners catcher Cal Raleigh, Athletics shortstop Jacob Wilson, Baltimore Orioles designated hitter Ryan O’Hearn and Cubs center fielder Pete Crow-Armstrong.

Overall, the 19 first-time All-Stars is a drop from the 32 first-time selections on the initial rosters in 2024.

Kershaw would be the sentimental choice to start for the National League, although Pittsburgh Pirates ace Paul Skenes, who leads NL pitchers in ERA and WAR, might be in line to start his second straight contest. Philadelphia Phillies right-hander Zack Wheeler, a three-time All-Star, is 9-3 with a 2.17 ERA after Sunday’s complete-game victory and also would be a strong candidate to start.

“I think it would be stupid to say no to that. It’s a pretty cool opportunity,” Skenes said about the possibility of being asked to start by Dodgers manager Dave Roberts. “I didn’t make plans over the All-Star break or anything. So, yeah, I’m super stoked.”

Kershaw has made one All-Star start in his career, in 2022 at Dodger Stadium.

Among standout players not selected were New York Mets outfielder Juan Soto, who signed a $765 million contract as a free agent in the offseason, and Dodgers shortstop Mookie Betts, who had made eight consecutive All-Star rosters since 2016.

Soto got off to a slow start but was the National League Player of the Month in June and entered Sunday ranked sixth in the NL in WAR among position players while ranking second in OBP, eighth in OPS and third in runs scored.

The players vote for the reserves at each position and selected Wood, Corbin Carroll of the Arizona Diamondbacks and Fernando Tatis Jr. of the San Diego Padres as the backup outfielders. Kyle Stowers also made it as a backup outfielder as the representative for the Miami Marlins.

Unless Soto later is added as an injury replacement, he’ll miss his first All-Star Game since his first full season in 2019.

The Dodgers lead all teams with five representatives: Kershaw, Yamamoto and starters Shohei Ohtani, Freddie Freeman and Will Smith. The AL-leading Detroit Tigers (57-34) and Mariners have four each.

Tigers ace Tarik Skubal will join AL starters Riley Greene, Gleyber Torres and Javier Baez, while Raleigh, the AL’s starting catcher, will be joined by Seattle teammates Bryan Woo, Andres Munoz and Julio Rodriguez.

Earning his fifth career selection but first since 2021 is Texas Rangers righty Jacob deGrom, who is finally healthy after making only nine starts in his first two seasons with the Rangers and is 9-2 with a 2.13 ERA. He has never started an All-Star Game, although Skubal or Brown would be the favorite to start for the AL.

The hometown Braves will have three All-Stars in Acuna, pitcher Chris Sale (his ninth selection, tied with Freeman for the second most behind Kershaw) and first baseman Matt Olson. The San Francisco Giants had three pitchers selected: Logan Webb, Robbie Ray and reliever Randy Rodriguez.

The slumping New York Yankees ended up with three All-Stars: Aaron Judge, Jazz Chisholm Jr. and Max Fried. The Mets also earned three All-Star selections: Francisco Lindor, Pete Alonso and Edwin Diaz.

“Red carpet, that’s my thing,” Chisholm said. “I do have a ‘fit in mind.”

Rosters are expanded from 26 to 32 for the All-Star Game. They include starters elected by fans, 17 players (five starting pitchers, three relievers and a backup for each position) chosen in a player vote and six players (four pitchers and two position players) selected by league officials. Every club must be represented.

Acuna, Wood and Raleigh are the three All-Stars who have so far committed to participating in the Home Run Derby.

The Associated Press contributed to this report.

Continue Reading

Sports

Bellinger rescues Yankees to avoid Subway sweep

Published

on

By

Bellinger rescues Yankees to avoid Subway sweep

NEW YORK — The New York Yankees were seemingly in deep trouble Sunday when Juan Soto cracked a pitch to left field in the seventh inning.

The New York Mets, down two runs, were cooking up a rally with no outs. Francisco Lindor stood at first base, Pete Alonso loomed on deck, and Brandon Nimmo was in the hole. This was the heart of the Mets’ potent lineup. Given the Yankees’ recent woes, fumbling their two-run lead and suffering a Subway Series sweep at the hands of their neighbors — and a seventh straight loss — seemed almost fated.

Then Cody Bellinger charged Soto’s sinking 105 mph line drive, made a shoestring catch and fired a strike to first base for an improbable double play to secure a skid-snapping 6-4 win — and perhaps rescue the Yankees from another dreadful outcome.

“Considering the context of this week and everything,” Yankees manager Aaron Boone said, “that’s probably our play of the year so far.”

Soto’s line drive off Mark Leiter Jr. had a 10% catch probability, according to Statcast, but Bellinger, a plus defender at multiple positions who started at first base Saturday, was just able to snatch it before it touched the grass. Certain that he caught it clean, he made an 89.9 mph toss that reached first baseman Paul Goldschmidt on a line, over Lindor, who didn’t slide into the bag.

“I saw it in the air and had a really good beat on it,” said Bellinger, who went 2-for-3 with a double and a walk at the plate.

The Mets challenged the catch, but the call stood.

“That was incredible,” said Yankees right fielder Aaron Judge, who swatted his 33rd home run of the season in the fifth inning. “I’ve never seen something like that on the field.”

For the past week, a stretch Boone described as “terrible” for his ballclub, poor defense has been an issue for the Yankees. Physical errors. Mental lapses. Near disasters. The sloppiness helped sink a depleted pitching staff, more than offsetting the offense’s strong production.

That combination produced the team’s second six-game losing streak in three weeks and a three-game deficit in the American League East standings behind the first-place Toronto Blue Jays.

The surging Blue Jays won again Sunday to extend their winning streak to seven games and keep their division lead at three games, but Bellinger’s glove and arm ensured it didn’t grow to four.

“That was an unbelievable play,” Goldschmidt said. “Amazing catch and absolute cannon to me at first. To make that play was a game-changing play and potentially game-winning play for us today. And we needed it.”

Continue Reading

Trending