It’s a big week for former President Donald Trump’s four criminal cases. On Feb. 15, two separate cases will hold hearings; one judge may decide to go to trial as early as next month, and the other will weigh the disqualification of the prosecutor, possibly delaying the trial indefinitely.
In New York, Manhattan District Attorney Alvin Bragg has charged President Trump with 34 counts related to falsifying internal records. In Georgia, President Trump and more than a dozen others have been charged with racketeering and conspiracy in the state’s 2020 election probe.
President Trump is also facing criminal charges in Florida and the District of Columbia, and guilty verdicts in the four cases could result in sentences of decades in prison.
President Trump’s Georgia hearing is slated to start at 9:30 a.m. ET—the same time as the New York hearing.
‘Hush Money’ Case
That case involves alleged “hush money” that President Trump is accused of arranging to be paid to adult star Stormy Daniels and former Playboy model Karen McDougal.
Steve Sadow, one of President Trump’s attorneys, said his client would appear at the Feb. 15 hearing, according to NBC News.
New York Judge Juan Merchan, who is presiding over the trial, is set to consider various requests from President Trump’s attorneys, including a motion to dismiss the case.
With the trial currently scheduled for March 25, Judge Merchan has said he is open to considering necessary changes. The “hush money” trial is just one of several cases that could eat up time the GOP front-runner might otherwise spend on campaigning.
CNN reported that multiple sources indicated he had considered attending the Georgia hearing on Feb. 15, reportedly intrigued by the prospect of prosecutor Fani Willis’s taking the stand.
The “hush money” case will likely be the first of President Trump’s criminal trials to take place and is arguably the least perilous for him, according to The Associated Press. It’s unclear whether he will face prison time for those particular charges. Media coverage has indicated that defendants convicted of falsifying business records generally don’t receive prison sentences.
To convict President Trump of a felony, prosecutors must show not only that he falsified or caused business records to be entered falsely, which would be a misdemeanor, but also that he did so to conceal another crime. The felony charge of falsifying business records is classified as the lowest tier—Class E—of felony charges in the state.
President Trump became the first former U.S. president to face criminal charges in March 2023 when Mr. Bragg brought a 34-count indictment.
The indictment alleged that the Trump Organization paid the president’s former attorney, Michael Cohen, a total of $420,000 disbursed through a series of monthly checks disguised as part of a retainer agreement.
“In truth, there was no retainer agreement, and Lawyer A [Mr. Cohen] was not being paid for legal services rendered in 2017,” a statement of facts from Mr. Bragg read.
That $420,000 figure allegedly covered the $130,000 that Mr. Cohen paid to Ms. Daniels at then-candidate Trump’s request. It came just after reporting on the controversial Access Hollywood tape in which the candidate made remarks about kissing women and that he could “grab them by” their genitals. He apologized, describing the comments as “locker room banter.”
Mr. Cohen pleaded guilty to campaign finance violations and other charges. President Trump has denied wrongdoing in the case and has denied having affairs with the two women.
According to Mr. Bragg’s office, Mr. Cohen worked with AMI, the media company behind the National Enquirer, to arrange a payoff of $150,000 for Ms. McDougal in exchange for her silence about her alleged affair with President Trump. AMI also entered a nonprosecution agreement in 2018 in which it acknowledged payment to ensure that Ms. McDougal “did not publicize damaging allegations” about then-candidate Trump.
A separate $30,000 agreement was set up between AMI and a Trump Tower doorman alleging to have information on a child he purportedly fathered out of wedlock, Mr. Bragg’s office said.
Disqualification Hearing
In Fulton County, the Georgia 2020 election case has taken a sharp turn toward the personal as one of the defendants alleged that prosecutor Fulton County District Attorney Fani Willis was having an affair with a married prosecutor she appointed to take the lead on the case.
Special prosecutor Nathan Wade has since finalized his divorce, which was subject to intense public scrutiny after the affair allegations were made on Jan. 8.
Attorney Ashleigh Merchant, representing defendant Michael Roman, a staffer who worked on the 2020 Trump campaign, confirmed during a Feb. 12 hearing that the source of the claims was an associate of Mr. Wade’s. She alleged that Mr. Wade and Ms. Willis began a romantic relationship before he was appointed special prosecutor and that he has been paid some $650,000 in this role and spent thousands on “lavish” vacations with Ms. Willis.
Half of the Trump co-defendants have since joined Mr. Roman’s motion, with several adding their own reasons as to why Ms. Willis should be disqualified from the case. They include President Trump, attorney Robert Cheeley, former Georgia GOP Chair David Shafer, Republican elector Cathy Latham, former Department of Justice official Jeffrey Clark, former Black Voices for Trump Director Harrison Floyd, and former White House chief of staff Mark Meadows.
During a Feb. 12 hearing, Fulton County Superior Court Judge Scott McAfee said that the only allegations requiring an evidentiary hearing were the ones concerning Ms. Willis and Mr. Wade’s relationship, which could be grounds for disqualification.
“The state has admitted a relationship existed, and so what remains to be proven is the existence and extent of any financial benefit, again, if there even was one,” he said. “Because I think it’s possible that the facts alleged by the defendant could result in disqualification, I think an evidentiary hearing must occur to establish a record on those core allegations.”
“I think it’s clear that disqualification can occur if evidence is produced presenting a conflict or the appearance of one, and the filings submitted on this issue so far have presented a conflict of interest that can’t be resolved as a matter of law,” Judge McAfee said.
Prosecutors sought to quash subpoenas of several attorneys and staffers in the district attorney’s office, arguing that Mr. Wade had already submitted an affidavit outlining the timeline of his alleged relationship with Ms. Wade. The judge denied the motion.
Mr. Wade claims he met Ms. Willis in 2019 but didn’t begin a personal relationship with her until 2022—after he had already been hired on the case, in November 2021. Ms. Merchant argues she has witness testimony to dispute this and claims that they were romantically involved as early as 2019.
The judge indicated that Mr. Wade and Ms. Willis should be ready to testify but that he will hear testimony from other witnesses first. He added that if anything resembling harassment or efforts to embarrass arose, he would proactively intervene.
If the judge disqualifies Ms. Willis from the case, a state board would have to appoint a new prosecutor, which would, at the very least, cause a significant delay in the case.
The Associated Press contributed to this report.
From The Epoch Times
