Why is Donald Trump on trial? A full timeline of the historic case

A historic moment unfolded in a New York court earlier this week, as Donald Trump took a seat to take part in the first ever criminal trial against a former or serving US president.

Republicans have said the case is a ‘nonstarter’, after it lagged for years – while Democrats believe justice is being finally being served.

As he entered Manhattan Criminal Court for the first day of jury selection, he told reporters: ‘This is political persecution, this is a persecution like never before, nobody has ever seen anything like it… It’s an assault on America.’

In the hush money case, Trump is facing 34 felony counts of falsifying business records to cover up an alleged sex scandal payout.

Alex Keyssar, a professor of history and public policy at Harvard University’s Kennedy School, told BBC: ‘It’s unprecedented. There’s been nothing remotely comparable to it.’

But what exactly is the case about? Join Metro as we walk you through the details of Trump’s latest court appearance.

Who was the alleged hush money payout given to?

Former adult performer Stormy Daniels is alleged to have received a $130,000 hush money payment from Michael Cohen, Trump’s former fixer.

It’s rumoured that Stormy Daniels and Trump had an affair in 2006 – roughly a year into his marriage with Melania Trump and shortly after the birth of their son, Barron.

The pair met at a celebrity golf tournament in Lake Tahoe, Nevada, when Daniels was just 27 years old, and Trump was around 60.

Daniels, who’s real name is Stephanie Clifford, also posted a photo alongside Trump on her Myspace account at the time.

She told 60 Minutes in 2018 that she had been invited to dinner by Trump, which was in his hotel room – and they later had sex.

Trump reportedly invited her to a ‘Trump Vodka’ launch party in California and later to his office in New York.

Years pass and Daniels begins to divulge details about her alleged affair with Trump, so his former fixer, Cohen, reaches out to her to sign an NDA.

Cohen set up a company based in Delaware in 2016, ahead of the presidential election, called ‘Essential Consultants LLC’ and deposited $131,000 that he obtained into the account.

Cohen then wired $130,000 to Daniels, and drew up an NDA agreement, using the aliases ‘Peggy Peterson’ for Daniels and ‘David Dennison’ for Trump.

The Trump Organisation then began to pay Cohen $420,000 over the course of a year. As further details emerge about the hush money payment, Cohen admitted to making the payment and said it was lawful and ‘not a campaign contribution or a campaign expenditure by anyone.’

Cohen continued to claim Trump reimbursed him with ‘personal funds’, which is disputed and launches an investigation.

Investigators obtained Trump’s tax returns in 2021 and he is later indicted on 34 charges of falsifying business records in relation to the hush money payment.

Why is Donald Trump in court now?

Various delays in court over the case – which began in 2016 – meant that Trump has not faced trial until now.

Alvin Bragg became the new Manhattan district attorney in 2021, and resurrected the case, which had been referred to as a ‘zombie case’ for the lack of progress in it.

In March 2023, Trump was indicted on the charges related to the hush money case.

Hush money is not illegal but court documents claim that the former Apprentice star falsely listed his former lawyer’s reimbursement as ‘legal services’.

Given that it allegedly happened as Americans went to the polls, there’s a chance it could also violate laws about payments that help an election campaign.

What charges will Donald Trump face?

Trump is facing an onslaught of charges related to falsifying business records, including at least one felony offence – he has pleaded not guilty.

The highly publicised trial began this week with jury selection, where no cameras were allowed.

Presiding Judge Merchan told the group of potential jurors: ‘The allegations are in substance, that Donald Trump falsified business records to conceal an agreement with others to unlawfully influence the 2016 presidential election.’

Could Donald Trump go to jail?

Technically, yes. The charge of falsifying business records in the first degree is a low-level felony carrying up to four years in prison.

But first-time offenders rarely go to prison on violent, low-level felonies.

The most likely outcomes are a fine, community service, or probation.

If this is the case, it doesn’t mean the trial won’t matter in the long run though.

Trump is facing a number of other criminal investigations which carry a risk of more serious criminal charges. A defendant’s prior criminal record can have an impact on sentencing. 

Get in touch with our news team by emailing us at webnews@metro.co.uk.

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