Opening statements in Donald Trump’s historic hush money trial are set to begin Monday morning, setting the stage for weeks of unsavory and salacious testimony about the former president’s personal life and placing his legal troubles at the center of his closely contested campaign against President Joe Biden.
A panel of New Yorkers — 12 jurors and six alternates — was sworn in last Friday after four days of jury selection and will hear what is the first-ever criminal trial against a former U.S. commander-in-chief.
Trump is accused of falsifying internal business records as part of an alleged scheme to bury stories that he thought might hurt his presidential campaign in 2016.
At the heart of the allegations is a $130,000 payment made to porn actor Stormy Daniels by Michael Cohen, Trump’s former lawyer and personal fixer, to prevent her claims of a sexual encounter with Trump from surfacing in the final days of the race.
Prosecutors say Trump obscured the true nature of such payments in internal business documents. Trump has denied having a sexual encounter with Daniels, and his lawyers argue that the payments to Cohen were legitimate legal expenses. He has pleaded not guilty to 34 felony counts of falsifying business records.
Trump could face four years in prison if convicted, though it’s not clear if the judge would seek to put him behind bars. A conviction would not preclude Trump from becoming president again, but because it is a state case, he would not be able to attempt to pardon himself if found guilty. He has repeatedly denied any wrongdoing.
The hush money case is the first of Trump’s four indictments to reach trial. It’s also the first time prosecutors are presenting a criminal case against a former American president.
The statements are expected to give jurors and the voting public the clearest view yet of the allegations at the heart of the case, as well as insight into Trump’s expected defense.
The case will test jurors’ ability to set aside any bias but also Trump’s ability to abide by the court’s restrictions, such as a gag order that bars him from attacking witnesses. Prosecutors are seeking fines against him for alleged violations of that order.
Former National Enquirer publisher and longtime Trump friend David Pecker is also expected to take the stand as the first witness for the prosecution, NBC News reports, citing a source with direct knowledge of the situation. Prosecutors say Pecker met with Trump and Cohen at Trump Tower in August 2015 and agreed to help Trump’s campaign identify negative stories about him.
Trial proceedings on Monday and Tuesday will be adjourned early at 2 p.m. ET because of the Passover holiday.
This brings the case closer to opening statements.