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Alvin Bragg’s Legal Strategy Faces Serious Hurdles Under Questioning By Defense

On Thursday, during a full day of witness testimony in Manhattan District Attorney Alvin Bragg’s case, jurors heard many details about the inner workings of former President Donald Trump’s inner circle.

However, it remains to be seen whether they will conclude that their actions amount to a “conspiracy,” as prosecutors claim.

Former National Enquirer publisher David Pecker briefly took the stand during Tuesday’s abbreviated trial and answered questions Thursday. Regarding the deal to buy former Playboy model Karen McDougall’s article about her alleged affair with Trump — This is a so-called “catch-and-kill” operation that prosecutors pointed to to prove a “conspiracy” between Pecker, former Trump lawyer Michael Cohen and the former president to illegally influence the 2016 election. This is one of three cases. While prosecutors spent hours detailing the process, Mr. Trump’s lawyers spent several minutes elucidating the central premise, which was left unstated. The idea was that this agreement was nothing special.

Indeed, Mr. Trump’s lawyer, Emile Bove, pointed out that Mr. Pecker’s publication’s business model means that Mr. Trump’s story is far from the first one he has bought and suppressed. He has treated other politicians in similar ways, and his relationship with Trump predates the 2016 election by more than a decade.

Trump on paper face He was charged with 34 felonies for allegedly falsifying business records in connection with repaying Cohen for $130,000 he paid to porn star Stormy Daniels. Bragg charged the crimes as felonies, saying they were committed to cover up or commit another crime, but prosecutors said in court Tuesday that they violated state election law. I made it.

of law It would be a misdemeanor for two or more people to “conspire” to influence an election by using “illegal means.” (Related: ‘Trial by ambush’: Former federal prosecutor says Alvin Bragg’s strategy is unlike anything he’s seen before)

To that end, Prosecutor Joshua Steinglass spent much of Thursday’s questioning trying to tease out the nuances of the McDougal deal and establish its place within a broader “conspiracy.”

Mr. Pecker spoke of his concerns about being refunded after purchasing Mr. McDougall’s articles. He said Mr. Cohen had indicated that President Trump would reimburse him, but he did not believe that Mr. Cohen had the authority to spend the funds.

“Whenever we went out to lunch, I paid,” Pecker said.

Mr. Steinglass had Mr. Pecker explain to the jury the technical details of a proposed deal to reimburse Pecker’s American Media (AMI), which purchased McDougall’s articles, but Mr. Pecker did not comply. said.

The transaction would result in a $125,000 reimbursement through Investor Advisory Services rather than through AMI. Mr. Cohen, meanwhile, formed a company called Resolution Consultants to acquire the rights to Mr. McDougall’s story.

Mr. Pecker said that after he withdrew, Mr. Cohen told him he was “boss,” a reference to Mr. Trump, and that he was “going to be very angry.”

Jurors later learned that Mr. Pecker wanted nothing to do with the Stormy Daniels story. Mr. Pecker said that having an affair with a porn star was bad for the magazine and that he had already paid for the doorman’s false story and Mr. McDougal’s story that Mr. Trump fathered an illegitimate child.

They also heard about Mr. Pecker’s cooperative agreements with various law enforcement agencies, starting with the U.S. Attorney’s Office for the Southern District of New York in 2018.

Some of Steinglass’s questions appeared to be aimed at closing potential escape routes for the defense. Did Trump seem more concerned about his own campaign and family when he wanted to buy material to suppress them? Pecker said it was about his own campaign.

Was Mr. Pecker ever concerned about the legality of paying to destroy a political candidate’s story? Mr. Pecker said he consulted an election attorney about his dealings with Mr. McDougal, who noted that he had previously had problems purchasing articles. Arnold Schwarzenegger when he was running for governor.

Still, Mr. Bove’s rapid-fire questioning of Mr. Pecker toward the end of the day quickly raised questions about the prosecutor’s isolation of the deal with Mr. McDougall. Bove proved that what prosecutors claimed was part of a conspiracy was “standard operating procedure” for the tabloids.

Running stories about Trump paid dividends. Buying and suppressing articles by celebrities can be used as leverage.

It’s just business.

Additionally, Bove noted that warning President Trump about potentially bad stories is something Pecker has been doing for 17 years.

NEW YORK, NY – APRIL 23: Former US President Donald Trump returns to court after a recess in his criminal trial on charges of concealing hush money payments in Manhattan Criminal Court in New York City on April 23, 2024. (Photo courtesy of Yuki Iwamura-Pool/Getty Images)

Bobe also pushed Pecker highlighted the discrepancies in dates in his recollection of events. He noted that these events occurred some time ago and that prosecutors are refreshing Mr. Pecker’s memory with documents to make him aware of when they happened.

One question on this point brought him an objection from prosecutors, and a bit of acrimony with Judge Juan Melchán, who said Bove’s questioning was misleading. Bove suggested that Pecker gave different answers to different prosecutors about the presence of former Trump aide Hope Hicks at a 2015 Trump Tower meeting.

Pecker, on the other hand, remained calm in the stands all day.

The defense is scheduled to continue cross-examination on Friday. It remains to be seen whether Mr. Bragg’s theory will continue to hold up and convince jurors.

Thursday’s hearing ended with Trump’s 10 gag violation charges unresolved, but prosecutors filed four more deposition charges before Pecker’s testimony began. Machan scheduled another hearing Wednesday at 2:15 p.m.

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