MSNBC legal analyst Danny Cevallos noted that Manhattan District Attorney Alvin Bragg’s case is at an odd juncture as it is unclear what secondary crime former President Donald Trump will face from the prosecution.
To charge Trump’s 34 counts of allegedly falsifying business records as a felony, Bragg claimed the purpose of the falsification was to conceal or commit another crime, but did not specify the aggravating offense in his indictment. Cevallos on “Andrea Mitchell Reports” said he is still not sure what the secondary crime is, describing it as a “strange situation.” (RELATED: Stormy Daniels’ Admission On Witness Stand Sheds Light On Why Alvin Bragg Had Her Testify Against Trump)
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“Assuming for the moment that that is the secondary crime that the state is going to use to aggravate the falsification of business records into a felony, it’s critical,” Cevallos said in response to a question on the importance of Bragg establishing that Trump’s alleged intent for falsification was to benefit his campaign. “But we’re in this very strange situation, we’re not entirely sure what that second crime, that aggravating crime is going to be. We have a pretty good idea. We’ve narrowed it down to a couple different crimes but yes, it’s key for them, and they’ve been laying that foundation all the way.”
Trump is accused of reimbursing his former attorney Michael Cohen for a $130,000 payment made to keep porn star Stormy Daniels quiet about her claims of an affair before the 2016 election. Prosecutors have sought to prove through witness testimony that the payment was part of a broader “conspiracy” Trump engaged in to influence the 2016 election.
“We’ve heard this from other witnesses. Was this about Melania or was it about the campaign? That’s why you have witnesses testifying, including Stormy Daniels, as to the value of her story increasing as the election approached,” Cevallos added. “Other witnesses who talked about the concern for the campaign and not Melania. But throughout this trial, you have gotten some testimony that Trump was also concerned about Melania as well. So the campaign is everything if they’re going to use some form of election law to aggravate this to a felony.”
Former National Enquirer publisher David Pecker testified that Trump seemed more worried about his campaign than his family and wife, but former White House communications director Hope Hicks appeared to contradict this in her testimony
“President Trump really values Mrs. Trump’s opinion,” Hicks testified, referring to former first lady Melania Trump. “And she doesn’t weigh in all the time, but when she does it’s really meaningful to him. He really, really respects what she has to say.”
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