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Hush money trial against Donald Trump

1:13 p.m. ET, May 6, 2024

Prosecutors will have to prove that in their case against Trump

By CNN's Kara Scannell and Lauren del Valle

A general view shows Judge Juan Merchan's courtroom at Manhattan Criminal Court in New York on March 12.

Angela Weiss/AFP/Getty Images

Former President Donald Trump is on trial in Manhattan over his alleged involvement in a hush money scheme to silence his alleged mistresses ahead of the 2016 election. He faces 34 counts related to “falsifying New York business records to conceal damaging information and unlawful activities from American voters before and after the 2016 election.”

Prosecutors must prove beyond a reasonable doubt that Trump falsified business records with the intent to commit or conceal another crime, but they do not have to prove that Trump committed that crime. The prosecution's theory is that the second crime could constitute a violation of federal and state election laws or state tax laws regarding the handling of the refunds to Michael Cohen.

Trump's lawyers kept their defense in check, but suggested in court filings that they want to attack the credibility of Cohen and Stormy Daniels and portray them as liars motivated by rancor and money.

Trump's legal team is led by Todd Blanche and Emil Bove, two former federal prosecutors from New York, and Susan Necheles, a veteran criminal defense attorney with extensive experience in New York and before Judge Juan Merchan. Necheles represented Trump's company at his tax fraud trial in 2022. The company was convicted.

Outside lawyers who have followed the case closely say Trump is likely to argue that hush-money payments are legal and distance the former president from the repayment scheme and accounting of his trusted associates. They could also argue that the payments were made to prevent embarrassment to Trump's family, not to influence the election. Trump could also testify in his own defense. He recently testified in two civil cases after regretting not taking the stand in an earlier civil case, but the stakes are higher in a criminal case.