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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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Mets sit banged up McNeil, Nimmo vs. Nationals

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Mets sit banged up McNeil, Nimmo vs. Nationals

WASHINGTON — Jeff McNeil has a sore right shoulder, the latest nagging injury for the New York Mets as they try to recover from a late-summer swoon.

McNeil was out of the lineup for Thursday’s series finale at Washington, with Brett Baty starting at second base. One of the Mets’ most consistent hitters, McNeil went 4 for 8 with a homer, two doubles and five RBI in the previous two games against the Nationals.

“It doesn’t bother him to swing the bat. It’s just more the throwing,” manager Carlos Mendoza said.

The shoulder problem began late last week, Mendoza said, which is why McNeil started at designated hitter on Saturday and Sunday.

Brandon Nimmo was also out of the lineup Thursday with the stiff neck that forced him to leave Wednesday night’s game in the second inning. Tyrone Taylor started in left field.

“We didn’t see much improvement overnight,” Mendoza said of Nimmo.

McNeil has experience in left, but the shoulder problem means he’s not an option there for now.

New York’s series at Washington began Tuesday with the news that catcher Francisco Alvarez has a sprained ligament in his right thumb that will require surgery. Alvarez is hoping he can play through the pain after a stint on the injured list.

Backup catcher Luis Torrens had a rough night Wednesday that included getting hit in his receiving hand by a bat on a catcher’s interference play, but Mendoza said Thursday that Torrens was “fine.”

The Mets had a three-game winning streak before Wednesday night’s loss, but the team with the biggest payroll in the majors is just 5-15 since July 28. New York entered Thursday trailing Philadelphia by 6 1/2 games in the NL East and was one game ahead of Cincinnati for the final wild-card spot.

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Science

Rice University Scientists Confirm Flatband Discovery in Kagome Superconductor

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flatband states in CsCr₃Sb₅, a kagome superconductor. This experimental validation connects lattice geometry with emergent superconductivity, opening new pathways for engineered quantum materials, superconductors, and advanced electronics.

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World

Israel maintains pressure on Gaza City as ‘first stages of attack begin’

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Israel maintains pressure on Gaza City as 'first stages of attack begin'

Gaza City residents say Israel carried out intense overnight bombardments as it prepares a controversial offensive to take control of the area.

Sixty-thousand reservists are being called up after Benjamin Netanyahu‘s security cabinet approved the plan earlier this month.

UN chief Antonio Guterres has warned of more “death and destruction” if Israel tries to seize the city, while France’s Emmanuel Macron said it would be a “disaster” that would lead to “permanent war”.

Live – UN warns of ‘forcible transfer’ as forces advance on Gaza City

Hundreds of thousands of people could end up being forcibly displaced – a potential war crime, according to the UN’s human rights office.

Gaza’s health ministry said at least 70 people had been killed in Israeli attacks in the past 24 hours, including eight people in a house in the Sabra suburb of Gaza City.

Israel currently controls about 75% of the Gaza Strip, but Prime Minister Netanyahu has said Israel must take Gaza City to “finish the job” and defeat Hamas.

More on Gaza

Mr Netanyahu and his ministers are due to meet on Thursday to discuss the plans, according to Israeli media.

Military spokesperson Effie Defrin said earlier that “preliminary operations and the first stages of the attack” had begun – with troops operating on the outskirts of Gaza City.

Israel has said it will order evacuation notices before troops move in but satellite images show thousands of people have already left.

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Aftermath of fresh Israeli strikes on Gaza

Residents said shelling has intensified in the Sabra and Tuffah neighbourhoods and that those fleeing have gone to coastal shelters or to central and southern parts of the Strip.

The decision to stay or leave is an agonising choice for many.

“We are facing a bitter-bitter situation, to die at home or leave and die somewhere else, as long as this war continues, survival is uncertain,” said father of seven Rabah Abu Elias.

“In the news, they speak about a possible truce, on the ground, we only hear explosions and see deaths. To leave Gaza City or not isn’t an easy decision to make,”

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Sky’s Adam Parsons explains what is in the new Israel-Hamas ceasefire deal.

Most of the Israeli reservists being summoned are not expected to be in a frontline combat role and the call-up is set to take a while.

The window could give mediators more time to convince Israel to accept a temporary ceasefire.

Hamas has already agreed to the proposal – envisaging 10 living hostages and 18 bodies being released in return for a 60-day truce and the freedom of about 200 Palestinian prisoners.

Israel hasn’t officially responded, but insists it wants all 50 remaining hostages released at once. Only 20 of them are still believed to be alive.

The war started nearly two years ago when a Hamas terror attack killed about 1,200 people and kidnapped around 250.

Read more:
Tents abandoned as Palestinians flee Israeli advance

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What would a two-state solution look like?

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More than 62,000 Palestinians have been killed in the war, according to Gaza’s health ministry.

The figure doesn’t break down how many were Hamas members, but it says women and children make up more than half.

Two more people also died of starvation and malnutrition in the past 24 hours, the ministry said on Thursday, taking the total to 271, including 112 children.

COGAT, the body controlling aid into Gaza, said 250 aid trucks entered on Wednesday, with 154 pallets air-dropped.

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