Trump Prosecuted in New York
On April 4, 2023, New York Supreme Court Judge Juan Merchan unsealed an indictment against former President Donald Trump relating to alleged hush money payments to multiple people, including Stormy Daniels, during and after the 2016 presidential election. The indictment includes 34 counts of felony falsification of business records primarily related to the alleged hush money payments. On May 30, 2024, a Manhattan jury found former President Trump guilty of all 34 felony counts.
Here you can find our analysis of the pretrial proceedings and indictment, court dispatches, primary source documents, docket watch, and recent podcast episodes covering this trial.
Lawfare Analysis
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Appellate Issues in the Trump Hush Money Case: The Extraordinary Ordinariness of Justice Merchan’s Adjudication
Even though some appellate issues are non-frivolous, the media has grossly overstated the conviction’s vulnerability. -
Was D.A. Bragg Right to Bring the New York Charges Against Trump?
Consider the “Al Capone factor”: Should a prosecutor let an elusive kingpin go scot-free, or indict him for the crimes he can prove? -
Why Did Federal Prosecutors Drop Trump's Hush Money Case?
The answer may shed light on the strength of District Attorney Alvin Bragg’s case against Donald Trump. -
What Must Prosecutors Prove in Trump’s NY Trial?
Some in-the-weeds questions on which the New York Trump trial depends. -
Charting the Legal Theory Behind People v. Trump
The mechanics of the case as District Attorney Alvin Bragg is prosecuting it. -
What We’re Doing in New York Supreme Court
What to expect from Lawfare during the New York Trump trial. -
How to Impanel a Jury in the Criminal Trial of a Former President
Selecting a jury of fair and impartial New Yorkers for former President Trump’s criminal trial will be difficult—but not impossible. -
With the Trump Gag Orders, Courts Confront Harassment
The gag orders against Trump in New York and Washington, D.C., reveal how the threat of violence is already shaping the cases against the former president. -
The (Many) Trials of Donald J. Trump
With civil and criminal cases underway in New York, Florida, D.C., and potentially Georgia—how is this all supposed to work? -
Does Donald Trump Have to Attend His Own Trial?
On the embarrassing state of Rule 43 law -
Debunking Trump’s Witch Hunt Theory
How do the many cases against Donald Trump, past, present, and likely to come, interact with or depart from one another? -
Why the Manhattan DA Trump Case Cannot Be Removed To Federal Court
Fortunately for Bragg, there are good reasons to conclude that the elected president was not an “officer of the United States.” -
The Manhattan District Attorney Sued Jim Jordan. Why? And What Now?
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Preemption and the Known Unknowns of the Trump Indictment
The indictment tees up some complex and unresolved legal questions—but preemption isn’t a major threat to the prosecution. -
And So It Begins: On the First Charges to Drop Against Former President Donald Trump
The New York indictment of Donald Trump is just the start. -
Former President Trump Indicted
There’s really not much to say yet.
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Court Dispatches
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The Final Day of Trump’s New York Trial: A Photo Essay
A historic day in photos. -
“We, the jury, have a verdict”
Part II of a final dispatch from the New York Trump trial. -
From Arguments to Instructions
Part I of a final dispatch from the New York Trump trial. -
Thoughts on Donald Trump’s Conviction
Do we care if we have a criminal president? -
A Witness Implosion Precedes Jury Instruction
The evidence is all in and the parties spar over jury instructions. -
Trump Trials & Tribulations: N.Y. Trial Dispatch, Week Five
Find Lawfare's post-court livestreams and podcasts here from May 20 - May 21. -
Michael Cohen on the Stand, Part II
Wherein we finally hear from the case’s key witness—again. -
Michael Cohen on the Stand, Part I
Wherein we finally hear from the case’s key witness. -
Trump Trials & Tribulations: N.Y. Trial Dispatch, Week Four
Find Lawfare's post-court livestreams and podcasts here from May 13 - May 16. -
Stormy Daniels Steps Down
In which we also hear from Rebecca Manochio, Madeleine Westerhout, more records custodian witnesses, and a denied mistrial motion. -
Stormy Daniels Takes the Stand
In which we also hear from Jeffrey McConney and Deborah Tarasoff, plus a motion for a mistrial, in Trump’s New York hush money trial. -
Trump Trials & Tribulations: N.Y. Trial Dispatch, Week Three
Find Lawfare's post-court livestreams and podcasts here from May 6 - May 10. -
Fireworks and Waterworks: Davidson and Hicks on the Stand
In which we hear testimony from Keith Davidson and Hope Hicks, plus a second contempt hearing, in Trump's New York criminal trial. -
Trump Trials & Tribulations: N.Y. Trial Dispatch, Week Two
Find Lawfare's post-court livestreams and podcasts here from April 30 - May 3 -
Cornered by the 'Estrogen Mafia': Keith Davidson on the Stand
Also with testimony from Gary Farro, Robert Browning of C-SPAN, and Phillip Thompson. -
‘Standard Operating Procedure’ Sure Seems Criminally Sleazy
Wherein David Pecker finishes his marathon testimony. -
Trump Trials & Tribulations: N.Y. Trial Dispatch, Week One
Find Lawfare's post-court livestreams and podcasts here -
‘Catch It and Kill It’: Opening Statements, Pecker Testimony, and a Contempt Hearing
A dispatch from the courtroom of Justice Juan Merchan in Donald Trump’s New York criminal trial. -
And We Have a Jury—Faster Than Expected
A dispatch from the final two days of jury selection in the Manhattan district attorney’s criminal case against Donald Trump. -
Seven Down, Eleven to Go in NY Trump Trial Jury Selection
A dispatch from the first two days of the first criminal trial of a former president. -
A Trial Date Certain-ish: NY Trump Case Set to Begin April 15
A dispatch from the courtroom of Justice Juan Merchan, who set the date for the first criminal trial of a former president—again. -
“A Date Certain”: Trump New York Criminal Trial Date Set for March 25
A dispatch from Justice Juan M. Merchan’s courtroom -
The Arraignment of Donald J. Trump: A Detailed Summary
What precisely happened in that New York courtroom on Tuesday?
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Documents
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Justice Department Refutes Allegations of Coordination with Manhattan DA
In a letter to the House Judiciary Committee, the Justice Department pushed back on claims that it was behind the prosecution of Donald Trump. -
Trump Seeks Adjournment in NY Criminal Case, Cites Presidential Immunity
Trump is requesting that the trial in New York be adjourned pending the Supreme Court’s review of the scope of presidential immunity doctrine. -
Manhattan Judge in Trump Hush-Money Case Declines Motion for Recusal
New York Justice Juan Merchan denies Trump’s motion for his recusal. -
Judge Rejects Trump Attempt to Move NY Case to Federal Court
The judge found that Trump had improperly invoked a law allowing officers of the United States to move civil or criminal cases brought against them in a state court to federal court. -
New York State Judge Issues Order Preventing Trump Disclosures
In a May 8 order, Judge Juan Merchan prohibited Trump from posting materials and information from the case on social media. -
Jim Jordan Files Opposition to Manhattan DA Suit
Rep. Jim Jordan filed an opposition to Manhattan District Attorney Alvin Bragg’s lawsuit against him, the House Judiciary Committee, and former New York County Special Assistant District Attorney Mark Po... -
Manhattan DA Sues Jim Jordan
Bragg filed a lawsuit against Rep. Jim Jordan to block his alleged “interference” and “obstruction” of the ongoing criminal prosecution of former President Donald Trump. -
House Judiciary Committee Subpoenas former New York County Special Assistant District Attorney Mike Pomerantz
Former Special Assistant DA Mark Pomerantz publicly resigned from his position in Feb. 2022, expressing frustration with District Attorney Alvin Bragg’s decision not to indict former President Donald Tru... -
New York Trump Indictment Unsealed
On April 4, New York Supreme Court Judge Juan Merchan unsealed the indictment of former President Donald Trump. Trump is facing 34 felony charges. He pleaded not guilty to all of them. -
New York Supreme Court Judge Allows Public Disclosure of Trump Indictment
The New York County Clerk’s office released an order by Judge Merchan allowing Bragg to disclose to the public that a Manhattan grand jury had issued an indictment of Trump. -
Manhattan DA’s Office Refutes House GOP Oversight Claims Regarding Trump Indictment
In the letter, Dubeck urges Jordan, Comer, and Steil to refrain from “unlawful political interference.” -
House GOP Committee Chairmen Detail Oversight Efforts in Letter to Manhattan DA
Jordan, Comer, and Steil argue that in light of the DA’s efforts “under political pressure from left wing activists” to indict Trump, their respective committees must now consider whether “Congress shoul... -
Manhattan DA Issues Response to House Republicans
In the letter, Bragg explains that they have demonstrated no legitimate legislative reason for congressional oversight -
Republican Representatives Demand Testimony from Manhattan DA Regarding Potential Trump Indictment
Jordan, Comer, and Steil described the potential indictment as an “unprecedented abuse of prosecutorial authority”
Recent Lawfare Podcasts
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Lawfare Daily, Trump's Trials and Tribulations: What Happens Now?
Listen to yesterday's "Trump's Trials and Tribulations" as a podcast. -
Lawfare Daily: Trump Trials and Tribulations Weekly Round-up (September 5, 2024)
Listen to this week's "Trump's Trials and Tribulations." -
Lawfare Daily: Trump Trials and Tribulations Weekly Round-up (August 15, 2024)
Listen to this week's "Trump's Trials and Tribulations."
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