London Daily

Focus on the big picture.
Monday, Nov 17, 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
Popeyes UK Eyes Century Mark as Fried-Chicken Chain Accelerates Roll-out
Two-thirds of UK nurses report working while unwell amid staffing crisis
Britain to Reform Human-Rights Laws in Sweeping Asylum Policy Overhaul
Nearly Half of Job Losses Under Labour Government Affect UK Youth
UK Chancellor Reeves Eyes High-Value Home Levy in Budget to Raise Tens of Billions
UK Urges Poland to Choose Swedish Submarines in Multi-Billion € Defence Bid
US Border Czar Tom Homan Declares UK No Longer a ‘Friend’ Amid Intelligence Rift
UK Announces Reversal of Income Tax Hike Plans Ahead of Budget
Starmer Faces Mounting Turmoil as Leaked Briefings Ignite Leadership Plot Rumours
UK Commentator Sami Hamdi Returns Home After US Visa Revocation and Detention
UK Eyes Denmark-Style Asylum Rules in Major Migration Shift
UK Signals Intelligence Freeze Amid US Maritime Drug-Strike Campaign
TikTok Awards UK & Ireland 2025 Celebrates Top Creators Including Max Klymenko as Creator of the Year
UK Growth Nearly Stalls at 0.1% in Q3 as Cyberattack Halts Car Production
Apple Denied Permission to Appeal UK App Store Ruling, Faces Over £1bn Liability
UK Chooses Wylfa for First Small Modular Reactors, Drawing Sharp U.S. Objection
Starmer Faces Growing Labour Backlash as Briefing Sparks Authority Crisis
Reform UK Withdraws from BBC Documentary Amid Legal Storm Over Trump Speech Edit
UK Prime Minister Attempts to Reassert Authority Amid Internal Labour Leadership Drama
UK Upholds Firm Rules on Stablecoins to Shield Financial System
Brussels Divided as UK-EU Reset Stalls Over Budget Access
Prince Harry’s Remembrance Day Essay Expresses Strong Regret at Leaving Britain
UK Unemployment Hits 5% as Wage Growth Slows, Paving Way for Bank of England Rate Cut
Starmer Warns of Resurgent Racism in UK Politics as He Vows Child-Poverty Reforms
UK Grocery Inflation Slows to 4.7% as Supermarkets Launch Pre-Christmas Promotions
UK Government Backs the BBC amid Editing Scandal and Trump Threat of Legal Action
UK Assessment Mis-Estimated Fallout From Palestine Action Ban, Records Reveal
UK Halts Intelligence Sharing with US Amid Lethal Boat-Strike Concerns
King Charles III Leads Britain in Remembrance Sunday Tribute to War Dead
UK Retail Sales Growth Slows as Households Hold Back Ahead of Black Friday and Budget
Shell Pulls Out of Two UK Floating Wind Projects Amid Renewables Retreat
Viagogo Hit With £15 Million Tax Bill After HMRC Transfer-Pricing Inquiry
Jaguar Land Rover Cyberattack Pinches UK GDP, Bank of England Says
UK and Germany Sound Alarm on Russian-Satellite Threat to Critical Infrastructure
Former Prince Andrew Faces U.S. Congressional Request for Testimony Amid Brexit of Royal Title
BBC Director-General Tim Davie and News CEO Deborah Turness Resign Amid Editing Controversy
Tom Cruise Arrives by Helicopter at UK Scientology Fundraiser Amid Local Protests
Prince Andrew and Sarah Ferguson Face Fresh UK Probes Amid Royal Fallout
Mothers Link Teen Suicides to AI Chatbots in Growing Legal Battle
UK Government to Mirror Denmark’s Tough Immigration Framework in Major Policy Shift
UK Government Turns to Denmark-Style Immigration Reforms to Overhaul Border Rules
UK Chancellor Warned Against Cutting Insulation Funding as Budget Looms
UK Tenant Complaints Hit Record Levels as Rental Sector Faces Mounting Pressure
Apple to Pay Google About One Billion Dollars Annually for Gemini AI to Power Next-Generation Siri
UK Signals Major Shift as Nuclear Arms Race Looms
BBC’s « Celebrity Traitors UK » Finale Breaks Records with 11.1 Million Viewers
UK Spy Case Collapse Highlights Implications for UK-Taiwan Strategic Alignment
On the Road to the Oscars? Meghan Markle to Star in a New Film
A Vote Worth a Trillion Dollars: Elon Musk’s Defining Day
AI Researchers Claim Human-Level General Intelligence Is Already Here
×