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Nine questions about the Trump trial, answered

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Nine questions about the Trump trial, answered

Former President Donald Trump’s hush money court case will kick off on Monday, marking the first time a former president will stand trial over criminal charges. 

The historic trial will require Trump, the Republican Party’s presumptive nominee for the 2024 election, to defend himself from the Manhattan courtroom while simultaneously campaigning as the election season heats up. 

Fox News Digital compiled the top questions regarding the case ahead of it kicking off Monday at 10 a.m in Lower Manhattan.  

According to initial reports, the U.S. Supreme Court appeared skeptical of the Colorado Supreme Court’s decision to remove former President Trump from the state primary ballot on Thursday.  (Michael M. Santiago/Getty Images)

What are the origins of this case?

Dubbed the “hush money case,” the trial’s origins reach back to October of 2016, when Trump’s former personal attorney Michael Cohen paid former pornographic actor Stormy Daniels $130,000 to allegedly quiet her claims of an alleged extramarital affair she had with the then-real estate tycoon in 2006. Trump has denied having an affair with Daniels. 

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Stormy Daniels stands in front of a pink background

Stormy Daniels speaking to the media.  (Phillip Faraone/Getty Images)

The case is also expected to feature two other payments, including a $30,000 payment to a Trump Tower doorman who claimed that Trump fathered a child out of wedlock, and arranged a $150,000 payment through a tabloid publisher to a former Playboy model named Karen McDougal, who also claimed she had an affair with Trump and sold her story to the tabloid. Trump has also vehemently denied these allegations. 

FIVE KEY QUESTIONS ON HOW START OF TRUMP’S FIRST CRIMINAL TRIAL WILL IMPACT PRESIDENTIAL CAMPAIGN

Michael Cohen

Michael Cohen, former personal lawyer to U.S. President Donald Trump, right, outside federal court in New York on Thursday, December 14, 2023. Photographer: Yuki Iwamura/Bloomberg via Getty Images (Yuki Iwamura/Bloomberg via Getty Images)

Prosecutors allege that the Trump Organization reimbursed Cohen, and fraudulently logged the payments as legal expenses.   

“During the election, TRUMP and others employed a ‘catch and kill’ scheme to identify, purchase, and bury negative information about him and boost his electoral prospects,” Manhattan District Attorney Alvin Bragg alleged last year. “TRUMP then went to great lengths to hide this conduct, causing dozens of false entries in business records to conceal criminal activity, including attempts to violate state and federal election laws.”

“Catch-and-kill” schemes are understood as tactics used by media and publishing companies to buy the rights of a person’s story with the intention of burying the information.

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COURT DENIES TRUMP BIDS TO DELAY START OF HUSH MONEY TRIAL

What are the charges in the case?

Bragg announced Trump’s indictment in April of 2023 with 34 counts of falsifying business records in the first degree.

The charges stem from checks reimbursing Cohen over a roughly 12-month period for paying Daniels in 2016. Cohen was separately arrested in 2018 and pleaded guilty to campaign finance charges and lying to Congress. He was sentenced to three years in prison and has since been released. 

Falsifying business records is a misdemeanor, but prosecutors are working to prove that Trump falsified records with an intent to commit or conceal a second crime, which would be a felony. 

Trump speaking

Former President Donald Trump during a Super Tuesday election night watch party at the Mar-a-Lago Club in Palm Beach, Florida, on Tuesday, March 5, 2024. Trump notched a series of Republican presidential primary victories on Tuesday as he barrels closer toward his party’s nomination. Photographer: Eva Marie Uzcategui/Bloomberg via Getty Images (Eva Marie Uzcategui/Bloomberg via Getty Images)

Could Trump go to prison?

The charges against Trump carry more than a decade in prison, if he is convicted on the counts.

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THE TRUMP TRIALS: HERE’S WHERE EACH CRIMINAL CASE AGAINST THE FORMER PRESIDENT STANDS

Legal experts across the nation have weighed in that it is unlikely Trump would face a long prison sentence, if convicted, speculating that the 45th president would instead be given probation or up to four years in prison if found guilty by the jury, Fox News previously reported

How has Bragg turned this into a felony?

Charges of falsifying business records are misdemeanors in New York, with prosecutors teeing up a case arguing that Trump falsified the business records to cover another crime, which makes falsifying the records a felony. Legal experts have weighed in that prosecutors will argue that Trump’s alleged actions were to ​​conceal campaign finance crimes.

Manhattan DA Alvin Bragg

Manhattan District Attorney Alvin Bragg speaks during a news conference on Thursday, March 7, 2024, in Manhattan, New York. (Barry Williams/New York Daily News/Tribune News Service via Getty Images)

Legal experts who spoke to Fox News Digital expressed skepticism over the DA’s office linking the case to campaign finance crimes, with the Heritage Foundation’s senior legal fellow Zack Smith saying that prosecutors are trying to “bootstrap essentially what would ordinarily be misdemeanor charges into felony offenses.” 

‘I TELL THE TRUTH’: TRUMP SAYS HE’LL TESTIFY AT HUSH MONEY TRIAL AS JUDGE REJECTS LAST MINUTE PLEA

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“Some of the charges he’s trying to bring are false records charges against Donald Trump. Which are ordinarily misdemeanors, unless they were done in furtherance of another felony – simply to cover up another felony. And in this case, as I understand it, Alvin Bragg is saying that the other felony was a federal campaign finance violation. So, you simply have a state prosecutor pursuing a state case against Donald Trump, based on a federal felony offense that the federal government, the Justice Department itself, declined to pursue,” Smith told Fox News Digital in an interview earlier this month. 

The Justice Department in 2019 “effectively concluded” its investigation into Trump’s payments. In 2021, the Federal Elections Commission, the agency dedicated to enforcing campaign finance laws, announced that it had dropped a case looking into whether Trump had violated election laws for the payment to Daniels. 

Former FEC member Hans Von Spakovsky underscored to Fox News Digital in another interview that both the FEC and DOJ had declined to pursue the case, yet a local DA is working to prove that Trump violated federal law. 

“The [FEC] looked at this and said that this settlement was not a violation of federal law. The Justice Department also has criminal enforcement authority over federal campaign finance laws, and the Justice Department has also not considered this a crime. And so you have this local DA claiming there’s a violation of federal law, when the two federal agencies with enforcement authority over that law say, ‘Well, no, there there was no violation of federal law.’ And look, I say that as a former commissioner on the FEC. My job as a commissioner was to enforce federal campaign finance law, and this is simply not a violation of federal law,” he said. 

Can Trump pardon himself if elected? 

In the hush money case, Trump could not pardon himself if convicted, and if he wins re-election come November 5. The Constitution dictates that a president’s pardoning powers “grant reprieves and pardons for offenses against the United States,” meaning the powers only apply to federal cases. The hush money case is a state case. 

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Who is the judge? 

Manhattan Judge Juan M. Merchan, 61, is presiding over the case. Merchan, originally from Colombia, has served on the New York Supreme Court since 2009, overseeing felony criminal cases. He previously served as an assistant district attorney in the Manhattan DA’s office in the 1990s and worked in the New York State Attorney General’s office, among other roles. 

TRUMP RAISES MILLIONS IN ATLANTA NEIGHBORHOOD THAT WANTS TO SECEDE FROM THE HIGH-CRIME CITY

Ny courtroom

FILE PHOTO: A view of Judge Juan Manuel Merchan’s courtroom in New York City, March 12, 2024. REUTERS/Brendan McDermid/File Photo (Reuters)

Merchan has previously overseen high-profile cases, including in 2012 the case of the “soccer mom madam,” when a woman named Anna Gristina was charged with running a high-end prostitution ring in Manhattan. He also presided over the Trump Organization’s 2022 criminal trial involving charges of criminal tax fraud and falsifying business records, and he is currently overseeing a case involving Trump-supporter Steven Bannon on charges that he defrauded donors to build a wall along the nation’s southern border. 

Trump has railed against Merchan on Truth Social, including last month when he called on the judge to recuse himself and cited Merchan’s daughter and her work as a political consultant for Democratic politicians. 

TRUMP DEFENSE CHALLENGES JURY SELECTION IN CRIMINAL HUSH MONEY TRIAL

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Judge Merchan poses for photo

Judge Juan Merchan poses in his chambers, Thursday, March 14, 2024, in New York. A dozen Manhattan residents are soon to become the first Americans ever to sit in judgment of a former president charged with a crime. Jury selection is set to start Monday in former President Donald Trump’s hush-money trial. (AP Photo/Seth Wenig) (AP Photos)

“Judge Juan Merchan, who is suffering from an acute case of Trump Derangement Syndrome (whose daughter represents Crooked Joe Biden, Kamala Harris, Adam ‘Shifty’ Schiff, and other Radical Liberals, has just posted a picture of me behind bars, her obvious goal, and makes it completely impossible for me to get a fair trial) has now issued another illegal, un-American, unConstitutional ‘order,’ as he continues to try and take away my Rights,” Trump posted on Truth Social last month after he was given a gag order limiting what he could publicly say about the case. 

How will the jury be selected?

A large group of potential jurors will gather in the courtroom this week, where they will be presented with an overview of the case and asked whether they are able to serve in a fair and impartial manner. 

TRUMP CAMPAIGNS IN KEY BATTLEGROUND STATE; BIDEN WILL VISIT NEXT WEEK DURING TRUMP’S ‘HUSH MONEY’ TRIAL

Those who show they cannot be impartial will be dismissed, while those who remain will be asked a series of 42 questions, which Merchan released in a letter last week, including: 

  • “Do you have any political, moral, intellectual, or religious beliefs or opinions which might prevent you from following the court’s instructions on the law or which might slant your approach to this case?”
  • “Have you read (or listened to audio) of any of the following books or podcasts by Michael Cohen or Mark Pomerantz?”
  • “Have you ever considered yourself a supporter of or belonged to any of the following: the QAnon movement; Proud Boys; Oathkeepers; Three Percenters; Boogaloo.”
  • “Do you currently follow Donald Trump on any social media site or have you done so in the past?”
  • “Do you have any feelings or opinions about how Mr. Trump is being treated in this case?”

Jury selection will continue until 12 New Yorkers and a handful of alternates are assigned to the panel. 

Trump-Hush-Money-Explainer

Former President Donald Trump arrives for a press conference at a Manhattan court, March 25, 2024, in New York. Trump will make history as the first former president to stand trial on criminal charges when his hush-money case opens with jury selection. The case will force the presumptive Republican presidential nominee to juggle campaigning with sitting in a Manhattan courtroom for weeks to defend himself against charges involving a scheme to bury allegations of marital infidelity that arose during his first White House campaign in 2016. 

What is Trump saying about the case?

Trump has railed against the “hush money” case repeatedly, including in Pennsylvania on Saturday, where he held his last scheduled campaign rally ahead of the trial officially beginning Monday. 

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“I will be forced to sit fully gagged. I’m not allowed to talk. They want to take away my constitutional right to talk,” Trump said in Pennsylvania, referring to the gag order that prevents him from publicly discussing potential witnesses and jurors.

TRUMP SET TO HOST RALLY IN BIDEN’S HOME STATE AHEAD OF HUSH MONEY TRIAL 

“I’m proud to do it for you,” he continued, calling the trial a “communist show trial” which he claims is orchestrated by the Biden administration. “Have a good time watching.” 

Trump has repeatedly denied the allegations in the case and has pleaded not guilty to the 34 charges. 

The 45th president told reporters on Friday that he will testify in the trial, which he described as a “scam” and a “witch hunt.” 

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“I’m testifying. I tell the truth. I mean, all I can do is tell the truth,” he said at Mar-a-Lago Friday, Fox News previously reported. “And the truth is that there’s no case.”

Will the trial be televised?

The trial will not be televised and is anticipated to last between six and eight weeks. Trump is required under New York law to be in the courtroom throughout court proceedings.

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Omar Draws Criticism for Suggesting Some Jewish Students Are ‘Pro-Genocide’

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Representative Ilhan Omar made the comments at Columbia University, where her daughter was among the students arrested protesting against Israel’s actions in Gaza. The protests have drawn visits by leaders across the political spectrum.

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White House dodges questions on college administrators' response to anti-Israel protests on campuses

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White House dodges questions on college administrators' response to anti-Israel protests on campuses

White House Press Secretary Karine Jean-Pierre dodged several questions during a press briefing on Monday, regarding the responses of many universities in the U.S. as anti-Israel protests, which sometimes turn violent, continue to flare up.

Colleges from coast to coast, including many Ivy League schools like Columbia, Yale, Harvard and Penn, have seen dayslong protests on campuses, with students demanding their schools completely divest from Israel as the death toll in Gaza continues to increase.

One reporter on Monday asked Jean-Pierre whether President Biden or anyone else in the White House had spoken with leadership at Columbia University, and if the president was happy with how school administrators are handling the situation.

“The president has always been clear that while Americans have the right to peacefully protest…he stands squarely, squarely against any rhetoric, violent rhetoric, any hate, hate threats and physical intimidation and hate speech,” she said, adding there is no place for antisemitism on college campuses or anywhere else. “It is a painful moment, we get that. But it is a painful moment that Americans are dealing with, and free expression has to be done within the law. And, you know, we’re going to continue to be very clear about that.”

COLUMBIA UNIVERSITY, ANTI-ISRAEL AGITATORS FAIL TO REACH DEAL, PRESIDENT ASKS CAMP TO ‘VOLUNTARILY DISPERSE’

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White House Press Secretary Karine Jean-Pierre in the Brady Press Briefing Room at the White House on on January 03, 2024 in Washington, DC. (Chip Somodevilla/Getty Images)

The press secretary did not answer the question about whether Biden was satisfied with how universities are handling the situation. And that was not the only question she dodged.

Jean-Pierre was asked if the White House thought it was fair that protesters at Columbia or other schools were being threatened with probation or other disciplinary actions, and whether students should leave a protest before a deadline being given by university personnel at Columbia.

To both questions, Jean-Pierre said she would not comment.

VIRGINIA TECH POLICE PHYSICALLY CARRY AWAY ANTI-ISRAEL AGITATORS AMID EFFORT TO RESTORE PEACE ON CAMPUS

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University of Texas police officers arrest a man at a pro-Palestinian protest

University of Texas police officers arrest a man at a pro-Palestinian protest at UT on Wednesday, April 24, 2024. (Jay Janner/American-Statesman)

“These are institutions. Some of them are private, some of them are public, and it is up to their leadership, university leadership and colleges, to make that decision,” she responded to the first question.

She nearly echoed her response to the second question.

“I’m just not going to comment on leadership at colleges and universities….that’s for them to decide,” Jean-Pierre said. “We’ve been very clear.”

TRUMP SAYS 4 WORDS ABOUT ANTI-ISRAEL PROTESTS ON COLLEGE CAMPUSES AS ARRESTS SKYROCKET

Protester shouting at Israel side

An anti-Israel protester in Cambridge on Monday shouted slurs at the pro-Israel counter-protesters, calling them “pigs” and “Nazis.”  (Kassy Dillon/Fox News Digital)

Other topics that were dodged included whether the White House was concerned about safety at graduations; the response of the Biden administration to the use of police force in some of the college protests; the Biden administration’s reaction to the repercussions of the protests and how they have impacted students on campuses in terms of the University of Southern California canceling graduation and George Washington University moving exams; and if the White House supported having antisemitism monitors on campus.

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In nearly every response, Jean-Pierre stuck to the message that Biden is in favor of peaceful protests and condemns antisemitism and any form of hate.

But this is nothing new.

CALIFORNIA UNIVERSITY REVEALS ‘TRUE COST’ OF ANTI-ISRAEL MOB THAT TOOK OVER ACADEMIC BUILDINGS

U.S. President Joe Biden

President Biden said he expects Iran to attack Israel and tensions continue to flare between to the two nations.  (Photographer: Jacquelyn Martin/AP/Bloomberg via Getty Images)

On Sunday, the White House remained silent on if the administration plans to bar student protesters from eligibility for student loan forgiveness programs. One thing Biden campaigned on in 2020 was forgiving student loan debt, pledging to cancel at least $10,000 per borrower back in 2020.

While Biden denounced the protests, he came under criticism last week for also condemning those “who don’t understand what’s going on with the Palestinians.”

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“I condemn the antisemitic protests. That’s why I have set up a program to deal with that. I also condemn those who don’t understand what’s going on with the Palestinians,” Biden told reporters this month. 

Critics have compared it to Trump’s remarks in 2017, following a two-day riot in Charlottesville, Virginia, when White nationalists descended on the city. Trump said at the time that the violence had “no place in America,” while adding there was “blame on both sides” and “very fine people, on both sides.”

Emma Colton of Fox News Digital contributed to this report.

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University protests dominate media coverage, obscuring the true horror of Gaza war

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University protests dominate media coverage, obscuring the true horror of Gaza war

The mention of mass graves is so deeply disturbing that it’s preferable to think of such wartime horrors as dark remnants of another era, chapters of history we’ll never repeat. The Armenian genocide, the Bolshevik revolution, Nazi Germany, El Salvador, Bosnia-Herzegovina.

The fairy tale that the human race has evolved beyond such barbarism was shattered (again) last week when reports surfaced that three mass burial sites had been unearthed in Gaza. The shocking development should have made headlines, but it barely made it onto most people’s radars.

The media are instead hyper-focused on how we protest atrocities rather than the atrocities themselves.

Anti-war demonstrations on college campuses dominate conversations and coverage about the Israel-Hamas war. Every imaginable news source — legacy print outlets, user-generated posts, broadcast and cable news — has its sight set on the encampments and rallies breaking out on campuses across the nation.

The protests are worthy in their own right for drawing attention to critical issues. They’ve raised awareness (and hackles) around the staggering Palestinian death toll, antisemitism, occupation, the oft-forgotten hostages and free speech. The largely peaceful demonstrations, dealt with ineptly at best by university heads and law enforcement, are rightfully the leading national story, and its stars are a generation that many older folks had written off as apathetic.

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In SEO terms, the protests present the perfect setting for a media blitz. They’re taking place at colleges and they come with powerful images and ample social media content. As an example, protests at USC unfolded live on television across various local stations, with choppers capturing the action from every imaginable angle. They’re also an easier way into the war, bringing the Mideast conflict home to America without the horror of witnessing a real battle.

But blanket coverage of the uprising by students is so omnipresent, it’s overshadowed news from the very war they’re protesting.

There’s been a stunning lack of coverage and outrage following an announcement Friday by Palestinian authorities that they’d uncovered 390 bodies from mass grave sites around Gaza’s Nassar and Shifa hospitals, facilities that were raided and destroyed in Israeli strikes. The bodies were reportedly found in the pits, buried by bulldozed debris, after the Israeli Defense Forces ended operations in the region.

Exterior of Shifa Hospital in Gaza City on Nov. 10.

(AFP via Getty Images)

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Women and children are among the deceased; the majority are still unidentified. Some of the dead were allegedly found stripped naked with their hands bound behind their backs. “It indicates serious violations of international human rights law and international humanitarian law, and these need to be subjected to further investigations,” said Ravina Shamdasani, a chief spokesperson for the U.N. high commissioner for human rights, Volker Türk.

The sheer barbarity of these scenes may explain why they haven’t garnered more attention. It’s simply too awful to process, so we turn away.

And if the discovery of mass graves is a hard story to watch, it’s an even harder one to cover. Israel continues to restrict international journalists’ access to Gaza, so there are fewer reporters there to bear witness. For those who are there, it’s one of the deadliest wars on record for media workers, and civilian casualties are more than 34,000. If reporters do survive, they’re faced with intense investigative digging to get to the truth. And when their stories are finally reported, they’ll be lambasted, trolled and harassed by one side — or both — for their perceived bias.

But we need answers, and short of an independent investigation (the Biden administration has left it up to Israel to investigate itself), we’re left to guess whether war crimes have or have not been committed.

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The dearth of information is partly due to the contraction of American newsrooms. Journalism outlets big and small have lost the resources, access and the expertise to cover wars like they once did. It’s also up to elected officials to draw attention to potential war crimes, especially when the U.S. plays such a central role in the conflict.

Politicians like Mike Johnson have instead been busy raising their profiles by inserting themselves into the Palestinian-Israeli mire. Painting himself as a defender of student safety, the Republican House speaker instead put hundreds if not thousands of anti-war protesters in danger — Jewish students included — by conflating their pro-Palestinian stances with sympathy for Hamas. “The things that have happened at the hands of Hamas are horrific, and yet these protesters are out there waving flags for the very people who committed those crimes. This is not who we are in America,” Johnson posted Thursday on X, formerly Twitter.

It was refreshing to see that ABC News didn’t just quote him and move on, as many other news outlets did. The network reported that there had been no documented cases of demonstrators waving Hamas flags. Such details matter when the safety of students is at stake.

But critical questions remain around Gaza’s mass graves, and there’s the matter of accountability.

“The grave in question was dug — by Gazans — a few months ago,” tweeted Nadav Shoshani, a spokesman for the Israeli Defense Force. “This fact is corroborated by social media documentation uploaded by Gazans at the time of the burial. Any attempt to blame Israel for burying civilians in mass graves is categorically false and a mere example of a disinformation campaign aimed at delegitimizing Israel.”

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Israeli officials said the corpses buried near Nasser Hospital had been exhumed to check whether they were those of Israeli hostages. An Israeli military official said that all remains were then “respectfully returned to their place.”

Gaza authorities affirm that graves were dug before the Israeli military’s arrival, but allege that the IDF added bodies to the site. Gaza Civil Defense said that only about 100 people were buried in graves before the IDF raid, and that 390 to 392 bodies (accounts vary) had since been recovered.

The widely reported slaughter of innocent Israelis and Palestinians, and the taking of hostages, prompted the protests in the first place. Now, the cries of demonstrators are the story. But we can certainly pay attention on both fronts, even if one of them requires a lot more work and emotional girding. It’s our moral imperative to pay attention or risk becoming bystanders as another dark chapter on wartime atrocities writes itself.

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