Trump trial: Biden calls Trump's remarks 'dangerous'

Trump was found guilty on all 34 felony counts in his hush money trial.

Former President Donald Trump has been found guilty on all 34 felony counts related to a 2016 hush money payment to adult film actress Stormy Daniels. It marks the first time in history that a former U.S. president has been convicted on criminal charges.

Trump last April pleaded not guilty to a 34-count indictment charging him with falsifying business records in connection with a hush money payment his then-attorney Michael Cohen made to Daniels in order to boost his electoral prospects in the 2016 presidential election.


Trump guilty on all 34 counts


0

Judge runs through each count

Judge Merchan then reviewed each of the counts against Trump to explain the People's burden of proof.

He said that in the interest of brevity, he would instruct them on Falsification of Business Records for the first count -- but not the full instruction for all 34 counts, because they are identical.

Merchan methodically walked through each of the allegedly falsified documents, listing the dates, voucher numbers, and check numbers for each of the records.

The judge said he would be happy to repeat the instructions later if the jury so requests.


Judge lays out 'unlawful means' to be considered

Judge Merchan explained to jurors the prosecution's three theories for the unlawful means used to influence the 2016 election.

First, Merchan said that the unlawful means could include a violation of the Federal Election Campaign Act, which caps campaign contributions. Prosecutors allege that Michael Cohen's payment to Stormy Daniels exceeded the legal cap.

Second, Merchan said prosecutors argue that Trump and others falsified business records, including the bank paperwork for Essential Consultants Inc., the money wire to Daniels, and the 1099 forms related to Cohen's repayment.

Third, Merchan said the crime could be violations of tax laws related to the "grossing up" of Cohen's reimbursement to cover the taxes he would owe on the payment.


Merchan describes the 'other crime' possibly committed

Judge Merchan tells the jury that prosecutors allege that Trump attempted to conceal a violation of New York election law by falsifying business records.

"They need not prove that the other crime was committed, aided, or concealed," Merchan said.

Prosecutors are relying on New York Election Law 17-152, which prohibits "any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means." Prosecutors offered three theories of the "unlawful means" mentioned in that law.

Though jurors will need to agree Trump falsified records in furtherance of an additional crime in order to convict, "they need not be unanimous" on "what unlawful means" were used, Merchan said.


Judge instructs jury on intent

Judge Merchan instructed the jury about how to decipher intent, telling them it "does not require premeditation."

Intent can even be momentary, Merchan said, telling the jurors the question about how to judge intent "naturally arises."

"You must decide if the required intent can be inferred beyond a reasonable doubt," he told them.

Merchan also said earlier, "If it is proven the defendant is criminally liable for the conduct of another, the extent or degree of defendant's participation does not matter ... The defendant is as guilty of the crime as if he had personally omitted the crime."


Prosecutor reviews impact of 'Access Hollywood' tape

More than an a hour and a half into his summation, prosecutor Josh Steinglass finally turned his attention to the Stormy Daniels hush money payment.

Steinglass resumed his summation by discussing the impact of the "Access Hollywood" tape, which prosecutors argued was the impetus for the Daniels hush money payment.

"It all began with this email from this Washington Post reporter named David Fahrenthold," Steinglass said, displaying the exhibit. Fahrenthold had reached out to then-Trump aide Hope Hicks with a transcript of the "Access Hollywood" remarks to ask for the campaign's comment.

Steinglass recapped some of Hicks' testimony, saying her "initial instinct was to deny the video's legitimacy." But once the campaign saw the video, "that strategy quickly shifted from 'deny, deny, deny' to 'spin.'"

Steinglass then played a video of Trump's reaction to the "Access Hollywood" tape in which he expressed his regret.

On Oct. 8, Steinglass says, there was a "flurry of activity" as Trump's campaign sought to spin the Access Hollywood tape. Michael Cohen asked then-National Enquirer publisher David Pecker about a RadarOnline article "about Trump being a playboy" and asked him to remove it, which he did.

"This is not catch-and-kill exactly, but they are purging the internet at the direction of the campaign," Steinglass said.