London Daily

Focus on the big picture.
Monday, Nov 24, 2025

The Manhattan DA's likely case against Trump would be far from a 'slam dunk conviction'

The Manhattan DA's likely case against Trump would be far from a 'slam dunk conviction'

A potential indictment against Trump would be unprecedented. Here's why NY prosecutors would face an uphill battle to convict him.
After years of being mired in criminal and civil investigations into everything from his business dealings to his role in the Capitol riot, former President Donald Trump is now staring down a potential indictment from the Manhattan district attorney's office.

But despite its gravity — Trump is the current frontrunner for the 2024 Republican presidential nomination — experts say the likeliest case New York prosecutors could bring is far from open-and-shut.

A Trump indictment would be unprecedented on a few levels. For one, it would be the first time an ex-president was charged with criminal violations. The facts of the case also mean New York prosecutors would need to use a largely untested approach to tie a possible violation of state law to a violation of federal election laws — and their star witness would likely be Trump's former lawyer, an admitted felon who's previously lied to investigators.

All things considered, experts say the former president may have a better shot at getting off the hook in this case compared to other legal threats he faces from state and federal prosecutors.

If Trump is indicted, the case is expected to center on an illegal hush-money payment that his then-lawyer, Michael Cohen, made to the adult film actress Stormy Daniels during the 2016 election in exchange for her silence about an alleged affair with Trump. Cohen has testified that he paid Daniels at Trump's direction, but Trump and his lawyers deny knowledge of the payment.

Trump has also denied the affair and said he did "absolutely nothing wrong." And he's accused the Manhattan DA, Alvin Bragg, of running a politically motivated fishing expedition and called on congressional Republicans to investigate Bragg's office.

Among the charges Trump could face is violating New York's business records statute, which bars individuals from falsifying business records with an intent to defraud. According to media reporting about how the DA's office is evaluating the case and presenting evidence to the grand jury, state prosecutors are seeking to charge Trump with a felony violation of the state law.

To do that, the DA's office must overcome an additional hurdle: it would have to prove that Trump falsified the records in order to commit another crime, or to aid or conceal the commission of falsifying the business records.

In Trump's case, based on public comments from the DA's office, the additional alleged crime would likely be a violation of federal campaign finance laws.

Some legal experts have pointed out that New York has a long history of bringing felony prosecutions based on falsifying business records. Just Security, for instance, found dozens of cases over the last 15 years that fall under that umbrella.

But Randall Eliason, a law professor at George Washington University, noted that state prosecutors could face an additional wrinkle where Trump is concerned.

Namely, New York's business records statute's "intent to defraud" requirement is "usually defined as intent to deprive a victim of money or property," Eliason wrote. But while all the examples in Just Security's review meet that requirement, "it's not clear how concealing a campaign contribution does."

"Prosecutors could argue an intent to deprive voters of accurate information," he added, "but it's not clear that would qualify as intent to defraud in NY (it clearly would not under federal law.)" If Trump is charged with falsifying business records, "expect to see this defense."

David Weinstein, a former federal prosecutor in the Southern District of Florida, echoed that view, telling Insider that the potential case against Trump is far from a "slam dunk conviction."

Weinstein also pointed out that a significant portion of the case against Trump, if he's indicted, would hinge on the testimony of Cohen, his former fixer who claims Trump directed him to make the Daniels payments and who admitted to lying to Congress, among other crimes.

Cases like this — and others that rely on testimony from cooperating co-conspirators — are "more difficult to prove," Weinstein said.

If prosecutors argue that Trump committed a felony violation of the New York business records statute by breaking federal campaign finance laws, he added, the defense will likely argue that the DA is "overreaching" his duties of enforcing state laws.

Trump, for his part, frequently highlights Cohen's pitfalls as a star witness; earlier Thursday, he described his former longtime confidant as a "convicted nut job with zero credibility" in an all-caps Truth Social rant.

Insider reached out to a lawyer representing Trump for comment Thursday.

Barbara McQuade, the former US attorney for the Eastern District of Michigan, told Insider that if Trump is charged, "the more the case relies on documents instead of the testimony of Michael Cohen, the stronger it will be."

"Whereas Cohen has some credibility issues as someone with an axe to grind and a convicted perjurer," prosecutors can get around those concerns by corroborating his testimony with bank records, phone records, and other documentary evidence.

"Documents don't lie and documents don't forget," McQuade added.

Eric Columbus, a former Justice Department official under the Obama administration, also wrote on Twitter that he had "serious concerns" about bringing an indictment against Trump focused on the Daniels hush-money payment if "there's nothing here that wasn't known in 2018," back when Cohen pleaded guilty.

Bragg's predecessor, Cyrus Vance Jr., strongly considered bringing an indictment against the former president centered around the hush-money payment, according to The Times.

But in the end, Vance's investigators deemed it too risky to charge Trump with falsifying business records and using federal campaign finance law violations as the secondary crime, The Times reported.

Columbus wrote that it's incumbent on Bragg's office to show that the rationale for indicting Trump has nothing to do with politics.

That rationale is "especially strong when the prosecuting office has *already* exercised such discretion and opted not to prosecute," he wrote. "If a prosecuting office reverses course, it must be able to explain why."

Reached for comment, a spokesperson for Bragg's office said that charging white-collar cases based on falsifying business records is a key aspect of its work, and that since Bragg took office, the Manhattan DA has filed more than 100 counts of felony falsifying business records counts against 29 individuals and entities.
Newsletter

Related Articles

0:00
0:00
Close
Google Struggles to Meet AI Demand as Infrastructure, Energy and Supply-Chain Gaps Deepen
Car Parts Leader Warns Europe Faces Heavy Job Losses in ‘Darwinian’ Auto Shake-Out
Arsenal Move Six Points Clear After Eze’s Historic Hat-Trick in Derby Rout
Wealthy New Yorkers Weigh Second Homes as the ‘Mamdani Effect’ Ripples Through Luxury Markets
Families Accuse OpenAI of Enabling ‘AI-Driven Delusions’ After Multiple Suicides
UK Unveils Critical-Minerals Strategy to Break China Supply-Chain Grip
Taylor Swift’s “The Fate of Ophelia” Extends U.K. No. 1 Run to Five Weeks
UK VPN Sign-Ups Surge by Over 1,400 % as Age-Verification Law Takes Effect
Former MEP Nathan Gill Jailed for Over Ten Years After Taking Pro-Russia Bribes
Majority of UK Entrepreneurs Regard Government as ‘Anti-Business’, Survey Shows
UK’s Starmer and US President Trump Align as Geneva Talks Probe Ukraine Peace Plan
UK Prime Minister Signals Former Prince Andrew Should Testify to US Epstein Inquiry
Royal Navy Deploys HMS Severn to Shadow Russian Corvette and Tanker Off UK Coast
China’s Wedding Boom: Nightclubs, Mountains and a Demographic Reset
Fugees Founding Member Pras Michel Sentenced to 14 Years in High-Profile US Foreign Influence Case
WhatsApp’s Unexpected Rise Reshapes American Messaging Habits
United States: Judge Dressed Up as Elvis During Hearings – and Was Forced to Resign
Johnson Blasts ‘Incoherent’ Covid Inquiry Findings Amid Report’s Harsh Critique of His Government
Lord Rothermere Secures £500 Million Deal to Acquire Telegraph Titles
Maduro Tightens Security Measures as U.S. Strike Threat Intensifies
U.S. Envoys Deliver Ultimatum to Ukraine: Sign Peace Deal by Thursday or Risk Losing American Support
Zelenskyy Signals Progress Toward Ending the War: ‘One of the Hardest Moments in History’ (end of his business model?)
U.S. Issues Alert Declaring Venezuelan Airspace a Hazard Due to Escalating Security Conditions
The U.S. State Department Announces That Mass Migration Constitutes an Existential Threat to Western Civilization and Undermines the Stability of Key American Allies
Students Challenge AI-Driven Teaching at University of Staffordshire
Pikeville Medical Center Partners with UK’s Golisano Children’s Network to Expand Pediatric Care
Germany, France and UK Confirm Full Support for Ukraine in US-Backed Security Plan
UK Low-Traffic Neighbourhoods Face Rising Backlash as Pandemic Schemes Unravel
UK Records Coldest Night of Autumn as Sub-Zero Conditions Sweep the Country
UK at Risk of Losing International Doctors as Workforce Exodus Grows, Regulator Warns
ASU Launches ASU London, Extending Its Innovation Brand to the UK Education Market
UK Prime Minister Keir Starmer to Visit China in January as Diplomatic Reset Accelerates
Google Launches Voluntary Buyouts for UK Staff Amid AI-Driven Company Realignment
UK braces for freezing snap as snow and ice warnings escalate
Majority of UK Novelists Fear AI Could Displace Their Work, Cambridge Study Finds
UK's Carrier Strike Group Achieves Full Operational Capability During NATO Drill in Mediterranean
Trump and Mamdani to Meet at the White House: “The Communist Asked”
Nvidia Again Beats Forecasts, Shares Jump in After-Hours Trading
Wintry Conditions Persist Along UK Coasts After Up to Seven Centimetres of Snow
UK Inflation Eases to 3.6 % in October, Opening Door for Rate Cut
UK Accelerates Munitions Factory Build-Out to Reinforce Warfighting Readiness
UK Consumer Optimism Plunges Ahead of November Budget
A Decade of Innovation Stagnation at Apple: The Cook Era Critique
Caribbean Reparations Commission Seeks ‘Mutually Beneficial’ Justice from UK
EU Insists UK Must Contribute Financially for Access to Electricity Market and Broader Ties
UK to Outlaw Live-Event Ticket Resales Above Face Value
President Donald Trump Hosts Saudi Crown Prince Mohammed bin Salman at White House to Seal Major Defence and Investment Deals
German Entertainment Icons Alice and Ellen Kessler Die Together at Age 89
UK Unveils Sweeping Asylum Reforms with 20-Year Settlement Wait and Conditional Status
UK Orders Twitter Hacker to Repay £4.1 Million Following 2020 High-Profile Breach
×