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WASHINGTON: Former President Donald Trump was charged on Tuesday with 34 felony counts of falsifying business records under Article 175 of the New York Penal Law in a historic case over allegations he orchestrated hush-money payments to two women before the 2016 U.S. election to suppress publication of their sexual encounters with him.
“Not guilty,” Trump, 76, said when asked by the judge in court how he pleaded. Wearing a dark blue suit and red tie, Trump sat, subdued, with his hands folded at the defense table flanked by his lawyers.
What Is Mr. Trump Accused of?
The charges against Mr. Trump stem from a payment of $130,000 made by his former lawyer, Michael D. Cohen, to Stormy Daniels, a porn star who claimed to have had a sexual relationship with Mr. Trump during the 2016 campaign. Mr. Cohen said he made the payment at Mr. Trump’s request in order to keep Ms. Daniels from going public with her story.
During his time as president, Mr. Trump reimbursed Mr. Cohen for the payment, which prosecutors allege constituted fraud. The Trump Organization classified the reimbursement as legal expenses, citing a retainer agreement, but prosecutors argue that there were no such expenses and that the retainer agreement was fictitious.
The 34 counts of falsifying business records are based on internal company records, with 11 counts involving checks, 11 involving monthly invoices submitted by Mr. Cohen, and 12 involving entries in the general ledger for Mr. Trump’s trust.
Why is that a felony?
According to US media reports, falsifying business records is typically considered a misdemeanor offense, but to charge it as a felony, District Attorney Alvin L. Bragg must demonstrate that Mr. Trump committed the offense with the intention of defrauding someone in connection with a second crime.
It is not yet clear what that second crime might be, and during a news conference following the arraignment, Mr. Bragg mentioned several possible underlying crimes, including a violation of state election law that prohibits conspiring to promote a person’s election to public office through unlawful means.
Below is the original document of Donald Trump’s indictment