Donald J. Trump faces 34 felony counts of falsifying business records in connection with a hush-money payment to a porn star before the 2016 election. The case could be in the jury’s hands by Wednesday.
Lawyers for former President Donald J. Trump are making their final pitch to the 12 New Yorkers who will decide his fate. He is charged with 34 felony counts of falsifying business records related to a hush-money payment to a porn star on the eve of the 2016 election, in the first criminal trial of an American president.
Mr. Trump’s lead lawyer, Todd Blanche, is hoping to persuade the jurors there is not enough evidence to convict Mr. Trump, who prosecutors say ordered his onetime fixer, Michael D. Cohen, to silence the woman’s account of a sexual encounter with him in 2006 and then faked company records to conceal his reimbursement of Mr. Cohen. After Mr. Blanche is done, the prosecution will give its closing statement.
Here’s what to know:
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Testimony and evidence: Prosecutors have argued that Mr. Trump directed Mr. Cohen to pay the porn star, Stormy Daniels, and approved a criminal scheme to reimburse Mr. Cohen, disguising the repayments by saying that they were made for legal services that in fact were nonexistent. Their case is backed by the testimony of 20 witnesses, including Mr. Cohen and Ms. Daniels, as well as phone records, text messages and emails.
Lawyers for Mr. Trump have cast Mr. Cohen as a liar, suggested that he acted alone in paying Ms. Daniels and argued that he was never even reimbursed for the payment. Instead, they have said, Mr. Trump repaid him for actual legal services. The defense called two witnesses — but not Mr. Trump, who has denied any wrongdoing and also says he never had sex with Ms. Daniels.
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What to expect today: Mr. Blanche’s focus is expected to be on the credibility of Mr. Cohen, whose testimony provided the only evidence that Mr. Trump had direct knowledge of a plot to falsify the reimbursement records. He will cast Mr. Cohen as a jilted ex-employee who is obsessed with Mr. Trump and would profit from his conviction.
He may also seek to call jurors’ attention to two key characters who did not testify: Allen H. Weisselberg, Mr. Trump’s longtime moneyman, who prosecutors say devised the structure of the reimbursement, and Keith Schiller, Mr. Trump’s longtime bodyguard. In late 2016, both men had crucial dealings with Mr. Cohen revolving around the hush-money payment.
But Joshua Steinglass, the prosecutor who will get the last word, could object to any references to Mr. Weisselberg, who is currently behind bars for perjury in a separate case. He is also expected to highlight every last shred of evidence — including testimony from other witnesses — that supports Mr. Cohen’s account of the hush-money deal and the reimbursement.
And Mr. Steinglass may remind jurors of Ms. Daniels’s deeply discomfiting testimony about what she says was an uninvited sexual encounter as he seeks to convince jurors that Mr. Trump was desperate to silence her story in the days before the 2016 election.
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What happens next: The closing arguments are expected to take all day Tuesday and could spill into Wednesday. After both sides have summarized their cases for the jury, the judge, Juan M. Merchan, will instruct jurors on the relevant law before they begin deliberations. If convicted, Mr. Trump faces up to four years in prison.
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Deliberations are unpredictable: It could take the jury anywhere from a few hours to weeks to reach a verdict. During private deliberations, the courtroom will be open to journalists, but little is expected to take place. Jurors can ask the judge for specific explanations on confusing points of law, or that testimony be read back in the courtroom.