NY - Ex-President Donald Trump, charged with 34 criminal counts of falsifying business records, Apr 2023, Trial 25 Mar 2024 #2

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Political theater is a good descriptive.

I know quite a few people who voted for Trump who are appalled at the charges against him. Not because they believe he is innocent but because he so arrogantly believed he wouldn't get caught committing financial fraud.

JMO
 

Former President Donald Trump "has more than sufficient information to prepare his defense" and is not entitled to a written statement with additional details about the criminal charges he is facing, the Manhattan district attorney's office argued Tuesday in a new court filing.

Trump is seeking a bill of particulars that would contain details about the prosecutors' theory of the case that are not included in the indictment.

Trump is expected to attend a virtual hearing next week in which he is to be informed of the terms of a protective order issued by a judge that limits his ability to share information obtained during the discovery process, which prosecutors will be sharing with the defense. Once Trump is informed of the protective order, prosecutors said they'll turn over "millions" of pages to Trump's team.
 

Former President Donald Trump "has more than sufficient information to prepare his defense" and is not entitled to a written statement with additional details about the criminal charges he is facing, the Manhattan district attorney's office argued Tuesday in a new court filing.

Trump is seeking a bill of particulars that would contain details about the prosecutors' theory of the case that are not included in the indictment.

Trump is expected to attend a virtual hearing next week in which he is to be informed of the terms of a protective order issued by a judge that limits his ability to shareinformation obtained during the discovery process, which prosecutors will be sharing with the defense. Once Trump is informed of the protective order, prosecutors said they'll turn over "millions" of pages to Trump's team.
...and how will Trump be penalized when he leaks and blabs the discovery?
 

That so-called discovery material, "will include grand jury minutes, grand jury exhibits, prior witness statements, financial documents, subpoena compliance, and extensive additional materials," including witness emails and texts, Tuesday's filing promised.

But first, Trump must agree not to weaponize these sensitive materials by posting them online or otherwise publicly distributing them, as stated in a protective order signed on May 8 by the judge presiding over the case, New York State Supreme Court Justice Juan Merchan.

Trump is set to formally agree to the protective order on Tuesday, May 23, when he is scheduled to appear before Merchan via video at a public hearing in the judge's lower Manhattan courtroom.

Under the protective order, Trump will be allowed to view the new discovery material only in the presence of his lawyers.

Prosecutors will start turning over these "voluminous" materials to Trump's defense team once Trump "has been advised on the record of the terms and content of, and conduct prohibited by, the protective order entered by this court on May 8, 2023," Tuesday's filing said.

Assistant District Attorney Becky Mangold did tip the DA's hand slightly in the filing.

Trump allegedly falsified business records to conceal violations of the following state and federal laws, the filing revealed:

New York Election Law 17-152, which makes it a crime to conspire to promote or prevent an election. Bragg previously alleged that less than two weeks before the 2016 election, Trump worked with others, including the editors of the National Enquirer, to suppress *advertiser censored* star Stormy Daniels' account of having a sexual encounter with him in 2006. Trump has denied conspiring to influence the election and the alleged tryst itself.

New York Tax Law 1801(a)(3) and 1802, which make it a crime to knowingly submit false information "in connection with any return, audit, investigation, or proceeding" or to commit any act of tax fraud. Bragg has alleged that internal Trump Organization records include computations for how to reimburse then-Trump lawyer Michael Cohen for making the $130,000 hush money outlay to Daniels. Trump and his company misrepresented Cohen's reimbursement as "legal fees" in company books, the DA alleged last month. In deciding how much Cohen should be reimbursed, company officials upped the amount by calculating how much in taxes Cohen would owe from pocketing those "fees," the DA also alleged last month.

New York Penal Law 175.05, a misdemeanor that criminalizes any false entries in a business record. Bragg has alleged there were false entries in the records of the Trump Organization and the National Enquirer concerning the hush money payment to Daniels.

Federal Election Campaign Act 52 USC 30101, the US law that regulates election contributions and expenditures. Bragg has alleged that the $130,000 payment to Daniels was an unreported expenditure by Trump's campaign, made to influence the outcome of the 2016 presidential election.
 
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Does anyone know "what time" the virtual hearing is on Tuesday, 5/23/23 for Trump?

TIA!
 Girl Waving Hello Smiley
 

The Manhattan district attorney’s office — which already has charged Donald Trump with 34 felony counts in relation to the Stormy Daniels hush money scheme — has upped the ante against a potential cooperator in that case, according to a New York Times report on Friday.

Because former Trump Organization CFO Allen Weisselberg apparently has not signaled any willingness to testify against Trump, the DA’s office has turned “in recent weeks” to exploring perjury charges against him, people with knowledge of the matter told the Times.

Those charges would be in addition to, not in lieu of, any insurance fraud charges, which the DA’s team has been investigating for several months, if not longer. Indeed, prosecutors already have warned Weisselberg’s lawyers that such charges could be forthcoming and that they focus on Weisselberg’s alleged lies to an insurance company “by claiming that the value of the Trump Organization’s real estate holdings had been assessed by an independent appraiser, when in fact they had not been,” the Times reported.
 

That so-called discovery material, "will include grand jury minutes, grand jury exhibits, prior witness statements, financial documents, subpoena compliance, and extensive additional materials," including witness emails and texts, Tuesday's filing promised.

But first, Trump must agree not to weaponize these sensitive materials by posting them online or otherwise publicly distributing them, as stated in a protective order signed on May 8 by the judge presiding over the case, New York State Supreme Court Justice Juan Merchan.

Trump is set to formally agree to the protective order on Tuesday, May 23, when he is scheduled to appear before Merchan via video at a public hearing in the judge's lower Manhattan courtroom.

Under the protective order, Trump will be allowed to view the new discovery material only in the presence of his lawyers.

Prosecutors will start turning over these "voluminous" materials to Trump's defense team once Trump "has been advised on the record of the terms and content of, and conduct prohibited by, the protective order entered by this court on May 8, 2023," Tuesday's filing said.

Assistant District Attorney Becky Mangold did tip the DA's hand slightly in the filing.

Trump allegedly falsified business records to conceal violations of the following state and federal laws, the filing revealed:

New York Election Law 17-152, which makes it a crime to conspire to promote or prevent an election. Bragg previously alleged that less than two weeks before the 2016 election, Trump worked with others, including the editors of the National Enquirer, to suppress *advertiser censored* star Stormy Daniels' account of having a sexual encounter with him in 2006. Trump has denied conspiring to influence the election and the alleged tryst itself.

New York Tax Law 1801(a)(3) and 1802, which make it a crime to knowingly submit false information "in connection with any return, audit, investigation, or proceeding" or to commit any act of tax fraud. Bragg has alleged that internal Trump Organization records include computations for how to reimburse then-Trump lawyer Michael Cohen for making the $130,000 hush money outlay to Daniels. Trump and his company misrepresented Cohen's reimbursement as "legal fees" in company books, the DA alleged last month. In deciding how much Cohen should be reimbursed, company officials upped the amount by calculating how much in taxes Cohen would owe from pocketing those "fees," the DA also alleged last month.

New York Penal Law 175.05, a misdemeanor that criminalizes any false entries in a business record. Bragg has alleged there were false entries in the records of the Trump Organization and the National Enquirer concerning the hush money payment to Daniels.

Federal Election Campaign Act 52 USC 30101, the US law that regulates election contributions and expenditures. Bragg has alleged that the $130,000 payment to Daniels was an unreported expenditure by Trump's campaign, made to influence the outcome of the 2016 presidential election.

Re: NY Penal Law §§ 175.05 and 175.10:
This Washington Post article says that the reason there are 34 counts of falsifying business records is that each false entry (other than the first one) is a furtherance of the crime. Each additional false entry was to cover up the false entries before it.

 
I shall shorten this up a bit....


Tuesday, May 23rd:
*Miscellaneous Hearing-Virtual (@ 2:15pm ET) – NY - Donald John Trump was indicted (3/30/23), formally arrested, charged & arraigned (4/4/23) with 34 felony counts of falsifying business records in the 1st degree & conspiracy in connection with hush money payments to two women before the 2016 presidential election. Plead not guilty. Warrant vacated, released on recognizance. Judge Juan Merchan presiding.
The counts cover 34 separate instances of a false business entry or record. Some refer to false entries into business ledgers. Others refer to false invoices or checks. All 34 counts against Trump are felony charges (class E) instead of misdemeanors.
Trump’s lawyers are Susan R. Necheles, Joseph Tacopina, Chad Seigel, Alan Garten & Todd Blanche. 4/3/23: Trump adds new attorneys to legal team: Hallie Jackson, Vaughn Hillyard & Adam Reiss. Court site has Gedalia Moshe Stern as attorney.

Investigation & arraignment info from 3/30/23 thru 4/28/23 reference post #405 here:
https://www.websleuths.com/forums/...ng-business-records-apr-2023-2.673176/page-21

5/3/23 Update: rump’s criminal case in Manhattan will have its second public hearing Thursday morning, 5/4/23 when a judge considers arguments over whether he should limit what Trump can say publicly about the evidence against him. Trump will not be in attendance at the hearing. Next in-person hearing on 12/4/23. At the December in-person court appearance, New York Supreme Court Justice Juan Merchan told Trump & his lawyers that they have an Aug. 8 deadline to file motions. These could include a motion to dismiss the case or a request for it to be heard in front of a different judge. The state government then has until Sept. 19 to file responses to the motions. Judge Merchan will decide on expected motions to dismiss the case.
5/4/23 Update: Trump will seek to move his criminal case to federal court from Manhattan criminal court, his attorneys said. If Trump is unsuccessful moving his criminal case to federal court, the judge asked the parties to agree to a trial date in either February or March 2024, putting the trial in the middle of the campaign. Once the date is set, the judge said no one associated with the case, including Trump, should schedule anything to interfere. Judge Juan Merchan has not yet ruled on the protective order, proposed by Bragg’s office, but indicated that he likely wouldn’t allow Trump to speak about evidence or information about witnesses provided to his legal team. In her motion filed last week, Assistant District Attorney Catherine McCaw described Trump’s “longstanding & perhaps singular history of attacking witnesses, investigators, prosecutors, trial jurors, grand jurors, judges & others involved in legal proceedings against him, putting those individuals & their families at considerable safety risk.” Judge Merchan, who pointed out that the prosecution wasn’t asking for a gag order, bristled at the idea that Trump should get special treatment because he’s a presidential candidate, when defendants are regularly ordered not to publicly share evidence they receive during discovery. Judge Merchan said the protective order only applies to evidence the defense obtains from the prosecution through the discovery process, not to material the defense handed over to the D.A.’s office, or to public statements already made by witnesses. Defense attorney Todd Blanche said he did not object to an order "limiting dissemination" of evidence by Trump on social media but he insisted Trump's public defense "may include commentary on evidence."Obviously Mr. Trump is different," Merchan conceded. "It would be foolish of me to say he isn't. He's a former president & he's running again." The judge added that Trump's special status comes with a responsibility to recognize "his words do have consequences." Judge Merchan also agreed with the district attorney's office to set up a virtual hearing Trump will be required to attend at which the protective order will be read to him.
5/9/23 Update: Judge Juan Merchan's order said that anyone with access to the evidence being turned over to Trump's team from state prosecutors “shall not copy, disseminate or disclose” the material to third parties, including social media platforms, “without prior approval from the court." It also singles out Trump, saying he is allowed to review sensitive "Limited Dissemination Materials" from prosecutors only in the presence of his lawyers & "shall not be permitted to copy, photograph, transcribe, or otherwise independently possess the Limited Dissemination Materials." In addition, the order restricts Trump from reviewing "forensic images of witness cell phones," although his lawyers can show him "approved portions" of the images after they get permission from the judge.
5/9/23 Update: An evidentiary hearing on Trump's bid to move the Manhattan DA's case to federal court has now been scheduled for 6/27/23 before judge Hellerstein.
5/11/23 Update: Trump was ordered Thursday to appear by video at a 5/23/23 hearing in his Manhattan criminal case after a judge this week set rules barring him from using evidence in the case to attack witnesses. Judge Juan Manuel Merchan scheduled the hybrid hearing — the former president on a TV screen, his lawyers & prosecutors in court — to go over the restrictions with Trump & to make clear that he risks being held in contempt if he violates them. Judge Merchan added Trump’s virtual hearing to the court calendar a day after Trump appeared on a CNN forum & offered up a barrage of falsehoods, excuses & insults on a variety of topics, including what he deemed the “fake charge” of his criminal case. The case is continuing in state court even as Trump’s lawyers seek to have it moved to federal court. Has evidentiary hearing on 6/27/23 & an in-person hearing on 12/4/23.
5/15/23 Update: Trump "has more than sufficient information to prepare his defense" & is not entitled to a written statement with additional details about the criminal charges he is facing, the Manhattan district attorney's office argued Tuesday, 5/15/23 in a new court filing. Trump is seeking a bill of particulars that would contain details about the prosecutors' theory of the case that are not included in the indictment. Trump is expected to attend a virtual hearing next on 5/23/23 in which he is to be informed of the terms of a protective order issued by Judge Merchan that limits his ability to share information obtained during the discovery process, which prosecutors will be sharing with the defense. Once Trump is informed of the protective order, prosecutors said they'll turn over "millions" of pages to Trump's team. "The production of these voluminous discovery materials further ensures that defendant is fully informed of the charges against him so he may prepare a defense," Assistant DA Becky Mangold said. That so-called discovery material, "will include grand jury minutes, grand jury exhibits, prior witness statements, financial documents, subpoena compliance & extensive additional materials," including witness emails & texts, Tuesday's filing promised.
 
Former President Donald Trump is scheduled to make a virtual appearance in New York criminal court on Tuesday for the first time since pleading not guilty last month to 34 felony counts of falsifying business records.

Trump will appear before Judge Juan Merchan in the afternoon to hear the terms of a protective order barring him from publicly disclosing evidence, which the Manhattan district attorney's office will be turning over to his lawyers in the hush money payments case.

Prosecutors argued the move was necessary to keep Trump from releasing confidential information in the case and then claim he hadn't been familiar with the terms of the order...
 
NEW YORK (AP) — The judge in Donald Trump’s criminal case is holding a hybrid hearing Tuesday to make doubly sure the former president is aware of new rules barring him from using evidence to attack witnesses.

Trump won’t have to show up to court for the afternoon hearing at a Manhattan courthouse, avoiding the mammoth security and logistical challenges that accompanied his arraignment last month.

Instead, the Republican will be connected by video conference, with his face beamed onto courtroom TV monitors. His lawyers and prosecutors must still appear in person.

Judge Juan Manuel Merchan agreed to the extra step of personally instructing Trump on the restrictions after listing them May 8 in what’s known as a protective order.

Trump is allowed to speak publicly about the case, but he risks being held in contempt if he uses evidence turned over by prosecutors in the pretrial discovery process to target witnesses or others involved in the case...
 
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