As Donald Trump’s first criminal trial enters its fourth week, unique terminology has been heard in the courtroom, leaving many scratching their heads. Trump faces 34 counts of falsifying business records in the first degree, with a central focus on a $130,000 hush-money payment made by his lawyer, Michael Cohen, to adult film star Stormy Daniels. The payment was allegedly to conceal an affair she claimed to have had with Trump before the 2016 election. Trump has pleaded not guilty to the charges.
Among the terms highlighted in the trial is “hush money,” defined as money paid to someone to keep information secret. In this case, prosecutors point to three separate payments made on Trump’s behalf to suppress infidelity claims during his presidential campaign. These included the National Enquirer’s payment to a Trump Tower doorman, a payment to former Playboy model Karen McDougal, and the $130,000 payment to Stormy Daniels. While paying hush money isn’t inherently illegal, authorities argue that these payments amounted to illegal campaign contributions.
Another term discussed in the trial is “catch and kill,” referring to a scheme where a tabloid newspaper like the National Enquirer acquires damaging information, has the source sign a nondisclosure agreement, and then refrains from publishing the story. Former National Enquirer executive, David Pecker, testified to an agreement with Trump and Cohen to prevent damaging stories from being made public.
The allegation of “falsifying business records” against Trump is considered a felony, punishable by up to four years in prison. Under New York law, this charge escalates to a felony when the intent to defraud includes aiding or concealing another crime. Prosecutors claim Trump misrepresented payments to Cohen in business records as legal fees, when they were actually reimbursements for the hush money paid to Daniels. The records in question include ledger entries, invoices, and checks.
While Trump is not currently charged with conspiracy, the term has been used in reference to his alleged agreement with Pecker and the subsequent hush money arrangements. Conspiracy, under New York law, involves at least two people engaging in a secret agreement to commit a crime. Prosecutors argue that the trial reveals an illegal conspiracy to undermine the integrity of a presidential election.
The terms “election interference” and “gag order” have also been part of the trial discussions. Election interference refers to attempts to alter an election’s outcome through fraudulent means, with prosecutors claiming that the hush money scheme amounted to election interference by concealing information that could have impacted the 2016 campaign. A gag order has been imposed on Trump, restricting him from making public comments about certain trial-related matters, with repeated warnings of jail time for non-compliance.
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