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NY v Trump criminal trial begins its 3rd week as former president accused of gag order violations

Former President Trump’s historic and unprecedented criminal trial is scheduled to resume for a third week on Tuesday.

Manhattan District Attorney Alvin Bragg indicted the former president on 34 counts of first-degree falsification of business records.

Mr. Trump has maintained his innocence.

So far, Trump’s lawyers and prosecutors from the Manhattan District Attorney’s Office have given opening statements.

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Former President Trump awaits the start of his case in Manhattan Criminal Court on Monday, April 22, 2024, in New York. (AP Photo/Yuki Iwamura, pool)

Trump’s lawyers insist the former president is “innocent.”

Prosecutors convinced jurors that Trump not only falsified business records related to the hush-money payments but also did so in furtherance of another crime: conspiracy to promote or prevent the election. We must strive to do so.

Prosecutors aim to prove that the move was intended to cover up a conspiracy to illegally promote his candidacy in 2016.

“If two or more persons conspire to promote or prevent election to public office by unlawful means, and the conspiracy is committed by one or more of the parties, they are guilty of a misdemeanor.” New York Reading State Law 17-152.

Manhattan DA Alvin Bragg

Manhattan District Attorney Alvin Bragg speaks at a press conference on March 7, 2024 in New York. (Barry Williams/New York Daily News/Tribune News Service via Getty Images)

Falsification of business records and conspiracy to promote or prevent an election are generally considered misdemeanors in and of themselves.

So far, prosecutors have called three witnesses: former American Media Inc. CEO and former National Enquirer publisher David Pecker. Mr. Pecker testified about an alleged “catch-and-kill” practice in which people buy negative articles about President Trump, regardless of their legitimacy, and then bury them to protect their reputations. Prosecutors are trying to convince jurors that Pecker’s actions were intended to influence the 2016 presidential election.

But Pecker testified that he worked with Michael Cohen as Trump’s personal attorney.

New York prosecutors allege President Trump tried to cover up with false business records

On Friday, prosecutors called Lorna Graf to the stand for questioning. Mr. Graf is a former chief of staff to President Trump and a senior vice president at the Trump Organization. She worked at Trump Tower for decades before Trump took office.

Then they called Gary Faro. Mr. Faro was a managing director at First Republic Bank in 2016.

Meanwhile, New York judge Juan Machan, who is presiding over the trial, has placed a gag order on the former president, prohibiting him from speaking about court officials or potential witnesses.

Former President Donald Trump watches as New York prosecutor Christopher Conroy speaks before Judge Juan Marchan.

In this courtroom sketch, Judge Juan Marchan presides over former President Trump’s April 23, 2024 criminal trial while prosecutor Joshua Steinglass questions David Pecker. (Reuters/Jane Rosenberg)

Bragg claims Trump has violated the order at least 14 times and is asking a judge to fine the former president $1,000 for each violation. They also want Trump to be charged with contempt of court.

President Trump’s lawyers argue that the gag order is a violation of the former president’s First Amendment rights.

A judge is scheduled to hold a hearing on the gag order and the alleged violation on Thursday. Mr Mercan has not yet ruled.

In documents filed last week, prosecutor Christopher Conroy outlined four additional alleged violations that occurred when Trump spoke to reporters between court appearances. Prosecutors pointed to comments Trump made to a local news outlet in Pennsylvania about Cohen, who is expected to testify later at trial.

“Well, Michael Cohen is a convicted liar and he has no credibility whatsoever. He was a lawyer, and you rely on lawyers. But Michael Cohen is a convicted liar and he has no credibility. He was a lawyer for a lot of people, not just me. And he got into trouble mainly because of something other than what he did to me. I don’t think there was anything wrong with the accusations that they made because of what he did with his campaign.What he did, personally, banking and whatever, was pretty bad. We did it,” President Trump said on Monday.

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Conroy called this a “knowing and deliberate statement” that violated Merchan’s gag order. Prosecutors also focused on statements President Trump made about Pecker.

“He was very kind. I mean, he always has been — David was very kind. A good guy,” Trump said Thursday.

At trial, Mr. Conroy told the judge that Mr. Trump had sent messages to Mr. Pecker instructing him to “be nice,” or that Mr. Trump would use his position to “say what I said about Mr. Cohen.” “I would say the same thing.”

David Pecker questioned in former President Donald Trump's criminal trial

This courtroom sketch depicts David Pecker being questioned in former President Trump’s criminal trial on April 23, 2024. (Reuters/Jane Rosenberg)

Trump will be required to attend the criminal trial every day.

So last Thursday, President Trump heard arguments before the Supreme Court on the issue of presidential immunity and whether Special Counsel Jack Smith is immune from prosecution on charges stemming from his 2020 election interference case. I had no choice but to be absent. Mr. Trump has pleaded not guilty to all charges.

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Mr. Trump asked to attend, but Mr. Marchand declined the request.

On Friday, President Trump skipped a birthday celebration for his wife, former first lady Melania Trump.

Trump family in the White House

Barron Trump stands with his parents, President Trump and First Lady Melania Trump on the South Lawn of the White House on August 27, 2020 (AP Newsroom)

President Trump wished her a “very happy birthday” from the courthouse Friday morning.

“I want to start by wishing my wife, Melania, a happy birthday. I’m happy to be with her, but I’m in court for a fraud trial,” President Trump said Friday.

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Meanwhile, President Trump has requested that he attend his youngest son Barron Trump’s high school graduation ceremony on May 17, but Marchan said he has not yet decided whether the former president will be able to attend his son’s celebration. I haven’t. The judge said he would consider this issue in the future based on the progress of the trial.

Court will not be in session on Wednesday. The former president is scheduled to hold a campaign event on Wednesday.

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