The Trump Indictment Is Far From an Open-and-Shut Case

But its main weaknesses are factual, not legal, and courts won’t object to it as selective prosecution.

Review and Outlook: An indictment of a former President must be for serious offenses with indisputable evidence, not the revival of a seven-year-old case by Manhattan District Attorney Alvin Bragg. Images: Reuters/AP Composite: Mark Kelly

A Manhattan grand jury has reportedly voted to hand up an indictment of Donald Trump. The charge is expected to involve a “hush money” payment made to the pornographic film performer known as Stormy Daniels.

If Mr. Trump is charged, it seems likely to be for falsifying business records in violation of New York Penal Law 175.10, a Class E felony punishable by up to four years in state prison. The prosecution will probably claim that Mr. Trump falsified the records of the Trump Organization by falsely characterizing $130,000 paid to Ms. Daniels as a “legal fee” to attorney Michael Cohen. The prosecution will also contend that Mr. Trump’s crime was a felony because it was committed with the intent to conceal the federal election-law crime that Mr. Cohen committed by paying Ms. Daniels. Mr. Cohen pleaded guilty in August 2018 and was sentenced to prison by a federal court.

Opinion

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