Donald Trump’s NYC case may be headed in only one direction, former prosecutors reveal – Yahoo News
Donald Trump was indicted recently on 34 felony counts of falsifying business records but New York City prosecutor Alvin Bragg's case against the former president faces significant legal hurdles, experts told Fox News Digital.
The 2024 Republican presidential candidate pleaded not guilty to the raft of accusations against him and has characterized the legal offensive as a politically motivated witch hunt.
"If it wasnt Donald Trump, no prosecutor in the world would have touched this," said former assistant district attorney Daniel Bibb, who spent more than two decades trying murder cases in Manhattan. "If you and I did what Trump did, we never would have been charged."
Trump is the first former or current U.S. president to be indicted for a crime, but the case is more half-court heave than slam dunk, experts say.
TRUMP SLAMS NYAG JAMES' 'RIDICULOUS' CASE, SAYS SHE SHOULD 'FOCUS ON PEOPLE WHO KILL PEOPLE' AS CRIME SPIKES
New York District Attorney Alvin Bragg, right, had been investigating former President Donald Trump for alleged hush money payments to adult film actress Stormy Daniels.
The indictment uses a novel legal theory and relies heavily on the testimony of the presidents former fixer Michael Cohen, a disbarred attorney and convicted liar.
READ ON THE FOX NEWS APP
Trump is accused of falsifying internal business records when he had Cohen arrange a $130,000 hush-money payment to porn star Stormy Daniels during his 2016 presidential campaign to keep her quiet about an alleged sexual encounter. He has denied the affair.
Cohen, then an employee of the Trump Organization, used a shell corporation to pay off Daniels one month before the election.
After Trumps victory, Cohen was reimbursed $420,000 disguised as payments for legal services rendered pursuant to a phony retainer agreement. The figure included the tax hed have to pay on the income and a $60,000 bonus.
TRUMP SUES FORMER ATTORNEY MICHAEL COHEN FOR $500 MILLION
Bragg has argued that this payment was an illegal campaign contribution because it wasnt disclosed and exceeded the amount allowed under federal law.
Cohen was convicted in 2018 of federal charges, including campaign-finance violations, for arranging hush-money payments to Daniels and former Playboy model Karen McDougal, who also claims she had an affair with Trump, which he has denied.
Story continues
A few months later, Cohen pleaded guilty to lying to Congress.
After serving a stint in prison, Cohen grabbed a pen and wrote a book blasting Trump as "a cheat, a mobster, a liar, a fraud, a bully, a racist, a predator, a con man" and has continued to attack the former president in countless media interviews.
"If Michael Cohen told you today was Wednesday would you believe that unless you looked at your own calendar?" former Manhattan prosecutor turned criminal defense lawyer Mark Bederow told Fox News Digital.
STORMY DANIELS ON WATCHING TRUMP INDICTMENT: THE KING HAS BEEN DETHRONED
Bederow added that prosecutors would likely also have to call Daniels to the stand, who could be perceived by some as an unsympathetic opportunist.
She has repeatedly made contradictory statements to the press and has shown an insatiable appetite for media attention, the attorney said.
To bump up the misdemeanor charge of falsifying business records to a felony, the indictment alleges that Trump intended to commit or conceal a second crime.
The indictment doesnt state what this second crime is, and Bragg said at a press conference he isnt legally required to disclose it.
TRUMP LEGAL BATTLES CONTINUE, EVEN AFTER MANHATTAN DA CHARGES
But Bragg, when asked by a reporter, implied that Trump violated state and federal campaign finance and tax laws.
"The bottom line is that its murky," said Richard Hasen, an expert in election law and professor at the University of California, Los Angeles law school. "And the district attorney did not offer a detailed legal analysis as to how they can do this."
He added that it is not clear whether a case can be brought in state court if it involves a federal election law.
MANHATTAN DA ALVIN BRAGG SUES REP. JIM JORDAN OVER TRUMP INDICTMENT SUBPOENAS
At the press conference, Bragg suggested that Trump may have also violated a New York election law that makes it illegal to conspire to promote a candidate by unlawful means, and that he lied to state tax authorities when he mischaracterized the reimbursements to Cohen as income.
"If you bring an unprecedented case like this against a former president and current presidential candidate, its essential for the credibility of the criminal justice system to present a clear and cogent explanation of your theory as opposed to saying 'I dont have to tell you,'" Bederow said.
"If you come at the king, you best not miss," he said, quoting the HBO hit "The Wire."
Had Bragg charged Trump with 34 misdemeanor counts of falsifying business records, it would have been a breeze, said Bederow.
"It appears overwhelming that the way this was structured in terms of payments to Cohen as legal fees is false," he said.
But the misdemeanor charges werent an option because the "two-year statute of limitations has 100%, no doubt, expired," Bederow added, referring to the window of time prosecutors have to initiate a criminal case.
Former President Donald Trump departs Trump Tower on Thursday. Trump was scheduled to appear before New York State Attorney General Letitia James for a deposition that morning.
The time restraint on the felony charge is five years and appears to have passed, but this calculation isnt straightforward.
New York law has a provision called tolling, which stops the clock whenever a defendant leaves the state. If Trump was in Washington, D.C., or Florida, those periods of time arent counted. COVID-19 also paused the statute of limitations for a significant period of time.
CLICK TO GET THE FOX NEWS APP
While Braggs case may have some challenges, he does enjoy a vital edge, Bederow said.
"This is Manhattan, so the DA has an overwhelming home-court advantage," the attorney told Fox News Digital of the solidly blue borough. "If you put Donald Trump on trial for the Kennedy assassination, a Manhattan jury would probably find he's the guy in the grassy knoll."
The Associated Press contributed to this report.
Go here to see the original:
Donald Trump's NYC case may be headed in only one direction, former prosecutors reveal - Yahoo News
- Belgium trolls USA, FIFA, Donald Trump after dominant World Cup win: 'Overturn this' - Yahoo Sports - July 7th, 2026 [July 7th, 2026]
- Donald Trump's 4-word response to Ryder Cup mockery resurfaces after Belgium's World Cup taunt - Yahoo Sports - July 7th, 2026 [July 7th, 2026]
- Belgium mock Donald Trump after knocking USA out of World Cup: Overturn this - Yahoo Sports - July 7th, 2026 [July 7th, 2026]
- 'Overturn this' - Belgium mock US President Donald Trump and FIFA after USA World Cup exit - Sky Sports - July 7th, 2026 [July 7th, 2026]
- Belgium Just Trolled Donald Trump Soooo Hard After Beating The US - Yahoo Sports - July 7th, 2026 [July 7th, 2026]
- Overturn this: Belgian team and fans mock Donald Trump and FIFA - Euronews.com - July 7th, 2026 [July 7th, 2026]
- Donald Trump Pays Tribute To The Village People's Victor Willis - Deadline - July 1st, 2026 [July 1st, 2026]
- Donald Trump Has Officially Lost the Plot - The New Yorker - July 1st, 2026 [July 1st, 2026]
- Donald Trump hijacked Americas 250 and turned it into a theatre of the absurd - The Guardian - July 1st, 2026 [July 1st, 2026]
- President Donald Trump, 80, Obsesses Over Crowd Size as His Fair Empties Out - The Daily Beast - June 26th, 2026 [June 26th, 2026]
- Weekly quiz: Who did Donald Trump anger after saying they begged for a photo with him? - BBC - June 26th, 2026 [June 26th, 2026]
- How Donald Trump has changed the way diplomacy is done - The Conversation - June 22nd, 2026 [June 22nd, 2026]
- Pauline Hanson and Donald Trump both exploit voters fury. But her popularity is rising while his is at a low - The Guardian - June 22nd, 2026 [June 22nd, 2026]
- Donald Trump's approval rating as of today; Trump approval rating now - Yahoo - June 22nd, 2026 [June 22nd, 2026]
- President Donald Trump unveils the new Air Force One, a converted Qatari jet - NBC4 Washington - June 19th, 2026 [June 19th, 2026]
- Donald Trump Hedges His Bet in South Carolina - FITSNews - June 19th, 2026 [June 19th, 2026]
- Donald Trump gambles that Iran wants money more than power - The Economist - June 19th, 2026 [June 19th, 2026]
- "Donald Dump" depicts Trump with sludge oozing out of his mouth - Boing Boing - June 19th, 2026 [June 19th, 2026]
- President Donald Trump Struggles to Clasp Medal of Honor on US Army Veteran for More Than a Minute - Yahoo - June 19th, 2026 [June 19th, 2026]
- California governor Gavin Newsom accuses Donald Trump of directing DoJ to investigate him and his wife as it happened - The Guardian - June 16th, 2026 [June 16th, 2026]
- Donald Trump Says He Made a Peace Deal With Iran. Will It Stick? - Slate Magazine - June 16th, 2026 [June 16th, 2026]
- DW News. . US President Donald Trump says the Strait of Hormuz will be "fully open" by Friday, June 19, when the US prepares to sign a... - June 16th, 2026 [June 16th, 2026]
- As Donald Trump turns 80, he faces a foe he can never defeat: Father Time. Thats a problem for us all - The Guardian - June 14th, 2026 [June 14th, 2026]
- New batch of UFO files released by the Pentagon under Donald Trump administration describe spinning discs and more - ABC7 Chicago - June 14th, 2026 [June 14th, 2026]
- Donald Trump at 80: his life in pictures - The Times - June 14th, 2026 [June 14th, 2026]
- Donald Trump thinks the NFL should be renamed, says soccer should also be called football in the USA - Yahoo Sports - June 14th, 2026 [June 14th, 2026]
- Donald Trump Posts Cringe Throwback Pics in Self-Promo Shocker - The Daily Beast - June 14th, 2026 [June 14th, 2026]
- The Federal Reserve must soon give Donald Trump bad news - The Economist - June 10th, 2026 [June 10th, 2026]
- NBA Finals: President Donald Trump reportedly not expected to attend Game 4, but security zone around MSG will remain in place - Yahoo Sports - June 10th, 2026 [June 10th, 2026]
- What Donald Trump Will Never Understand About Fighting - The Atlantic - June 10th, 2026 [June 10th, 2026]
- Donald Trump, James Dolan tried to ruin NBA Finals vibe. The Knicks loss killed it - The New York Times - June 10th, 2026 [June 10th, 2026]
- A record 63% of Americans disapprove of how Donald Trump is handling the economy - YouGov - June 10th, 2026 [June 10th, 2026]
- MSG security tightened ahead of President Donald Trump's trip - ESPN - June 10th, 2026 [June 10th, 2026]
- Read the transcript: President Donald Trump interviewed by NBC News Meet the Press moderator Kristen Welker - NBC News - June 10th, 2026 [June 10th, 2026]
- President Donald Trump to attend Finals game in New York to root for his hometown Knicks - NBA.com - June 10th, 2026 [June 10th, 2026]
- Every guest Donald Trump brought to NBA Finals Game 3, including golfer granddaughter Kai - Yahoo Sports - June 10th, 2026 [June 10th, 2026]
- An Indian Billionaire Was Targeted by Trump. Then He Poured Money Into a Startup Secretly Backed by Donald Trump Jr. - ProPublica - June 10th, 2026 [June 10th, 2026]
- Donald Trump met with loud boos during national anthem at NBA Finals Game 3 - USA Today - June 10th, 2026 [June 10th, 2026]
- Donald Trump booed by the crowd during the anthem prior to Game 3 of the NBA Finals - AP News - June 10th, 2026 [June 10th, 2026]
- Donald Trump calls for Freedom 250 Concert to be canceled and suggests it is replaced by a MAGA rally following a mass exodus of scheduled performers.... - May 31st, 2026 [May 31st, 2026]
- Donald Trump Will Now Headline Freedom 250 Festival After More Than Half of the Planned Musical Acts Dropped Out - People.com - May 31st, 2026 [May 31st, 2026]
- Donald Trump Jr. and new wife share behind-the-scenes wedding video - CNN - May 31st, 2026 [May 31st, 2026]
- Donald Trump Offers to Perform at Freedom 250 Concert Himself: 'Only Great Patriots Invited' - Rolling Stone - May 31st, 2026 [May 31st, 2026]
- Donald Trump Wants Prediction Markets To 'Thrive', But AGA Boss Bill Miller Disagrees: The CFTC Is 'A Rogue Agency' - Yahoo Finance - May 31st, 2026 [May 31st, 2026]
- Joe Rogan appreciates how Donald Trump does wild st like UFC fights on the White House lawn - Yahoo Sports - May 31st, 2026 [May 31st, 2026]
- Donald Trump only a paper tiger, says Saudi expert - The Jerusalem Post - May 29th, 2026 [May 29th, 2026]
- Jaxson Dart, Abdul Carter explain their viewpoints on Giants QB's Donald Trump introduction - Yahoo Sports - May 29th, 2026 [May 29th, 2026]
- How many Americans think they could beat Donald Trump in a fight? - YouGov - May 11th, 2026 [May 11th, 2026]
- FAA employee from New Hampshire accused of threatening President Donald Trump - WMUR - May 5th, 2026 [May 5th, 2026]
- The soon-to-be-renamed Donald Trump airport has a logo and it's gold - The Palm Beach Post - May 5th, 2026 [May 5th, 2026]
- Donald Trump Is About to Be Humiliated in Front of the Whole World: Political Scientist Robert Pape - The Daily Beast - May 5th, 2026 [May 5th, 2026]
- Donald Trump Says He Wasnt Worried When Shooting Erupted at the White House Correspondents Dinner - People.com - April 27th, 2026 [April 27th, 2026]
- Donald Trump Reacts to Staged Theories About WHCD Shooting - Yahoo - April 27th, 2026 [April 27th, 2026]
- Note to Those So Inclined: Please Stop Trying to Kill Donald Trump - CounterPunch.org - April 27th, 2026 [April 27th, 2026]
- Tucker Carlson says he regrets backing Donald Trump and is tormented by it - The Guardian - April 21st, 2026 [April 21st, 2026]
- From Donald Trump to Jacob Frey has politics lost its profanity filter? - Northeastern University - April 21st, 2026 [April 21st, 2026]
- Donald Trump Claims Apple CEO Tim Cook Once Called the President to Kiss My Ass - Variety - April 21st, 2026 [April 21st, 2026]
- Tucker Carlson Apologizes for Misleading People About Donald Trump: I Will Be Tormented by It for a Long Time - Variety - April 21st, 2026 [April 21st, 2026]
- Here's what Warren Buffett, Sam Altman, Donald Trump, and everyone else has to say about Tim Cook stepping down - Fortune - April 21st, 2026 [April 21st, 2026]
- Jon Stewart Catches Donald Trump Admitting How Miserable He Is - The Daily Beast - April 21st, 2026 [April 21st, 2026]
- Terrible poll ratings would bother some politicians. Donald Trump isnt one of them | Arwa Mahdawi - The Guardian - April 21st, 2026 [April 21st, 2026]
- Three reasons Donald Trump wont pull the US out of Nato - The Conversation - April 10th, 2026 [April 10th, 2026]
- Donald Trump Rails Against Tucker Carlson, Megyn Kelly & Candace Owens - Deadline - April 10th, 2026 [April 10th, 2026]
- Donald Trump Tells Reporter He Didn't 'Know Anything About' Melania's Epstein Remarks Before She Went Live - People.com - April 10th, 2026 [April 10th, 2026]
- Donald Trump Floats Absurd Fantasy to Cope With Iran Humiliation - thedailybeast.com - April 8th, 2026 [April 8th, 2026]
- Donald Trump Jr. says the biggest names think Europe is a disaster that needs to be fixed - fortune.com - April 8th, 2026 [April 8th, 2026]
- Donald Trump says he will work with Iran for 'very productive regime change' - The Jerusalem Post - April 8th, 2026 [April 8th, 2026]
- The world cant wait for Donald Trump to leave office | Letters - theguardian.com - April 7th, 2026 [April 7th, 2026]
- Donald Trump, 79, Rants That Hes Good at Language in Unhinged Appearance - The Daily Beast - April 7th, 2026 [April 7th, 2026]
- Donald Trump Defends His Profanity-Filled Easter Post Urging Iran to 'Open the F---in' Strait, You Crazy B------s' - People.com - April 7th, 2026 [April 7th, 2026]
- Donald Trump says US could destroy Iran in one night as he demands opening of Strait of Hormuz - Financial Times - April 7th, 2026 [April 7th, 2026]
- Was Donald Trump really rushed to Walter Reed Hospital? Heres what to know - Yahoo - April 5th, 2026 [April 5th, 2026]
- Donald Trump: trouble in the heartlands - The Week - April 5th, 2026 [April 5th, 2026]
- A long way down from JFK to Donald Trump - Pittsburgh Post-Gazette - April 5th, 2026 [April 5th, 2026]
- Donald Trump and Pete Hegseths Warped Vision of the Iran War - The New Yorker - April 5th, 2026 [April 5th, 2026]
- Donald Trump is the ageing patriarch of a decaying order | Letters - The Guardian - April 5th, 2026 [April 5th, 2026]
- The 37 most stupid things Donald Trump has ever said - Indy100 - April 5th, 2026 [April 5th, 2026]
- John Roberts told Donald Trump exactly what he thinks - CNN - April 5th, 2026 [April 5th, 2026]
- Donald Trump accused of blade job during assassination attempt. Heres what that means - PennLive - April 5th, 2026 [April 5th, 2026]
- Brian Cox Shared A Brutally Honest Take About Donald Trump And The US Patriarchy - BuzzFeed - April 5th, 2026 [April 5th, 2026]