Is Donald Trump Guilty in Hush Money Case? You Tell Us

A jury in Manhattan may convict former President Donald Trump by this time next week.

Both the prosecution and defense have rested their cases in the criminal trial against Trump. Closing arguments are scheduled to begin Tuesday, and deliberations could begin as early as Wednesday.

Based on the last five weeks of the trial, would you find the presumptive Republican nominee guilty or not guilty? Take a look at what the jury heard and saw in the first-ever criminal trial against a former president and decide for yourself.

The Charges

• Charges Against Trump: Trump has been charged with 34 felony counts of falsifying business records in relation to the hush money payment made to adult film star Stormy Daniels. Trump has pleaded not guilty and denied Daniels’ allegations.
• Details of the Payment: Less than a month before the 2016 election, Trump’s former fixer and attorney, Michael Cohen, paid Daniels $130,000 for the rights to her story about her alleged sexual encounter with Trump. Prosecutors argue the payment was part of a broader effort to interfere with the presidential election and that Trump paid Cohen back through reimbursements misrepresented as legal fees.
• Legal Implications: Falsifying business records is typically a misdemeanor in New York but becomes a felony when done to commit another crime. The law does not require prosecutors to specify the second crime, but Manhattan District Attorney Alvin Bragg’s office has accused Trump of violating a state election law that bars candidates from seeking election by “unlawful means.”

The Evidence

• Witness Testimonies: The jury heard from 20 witnesses, including current and former Trump Organization employees like Jeffrey McConney and Rhona Graff and former campaign staffers like Trump White House press secretary Hope Hicks and Director of Oval Office Operations Madeleine Westerhout. Key witnesses included Cohen, Daniels, former National Enquirer publisher David Pecker, and Daniels’ former attorney, Keith Davidson.
• Central Meeting: The case centers on an August 2015 meeting between Trump, Cohen, and Pecker, where prosecutors argue they “orchestrated a cover-up to interfere with the election.” Pecker testified he pledged to notify Cohen of any women shopping around stories about Trump and helped conceal the doorman story and former Playboy model Karen McDougal’s story. McDougal also claimed to have an affair with Trump.
• Payments and Agreements: Pecker’s company, American Media Inc. (AMI), paid $30,000 for the doorman story and $150,000 for McDougal’s story but was not reimbursed by Trump. The court saw a draft contract between shell companies used by Pecker and Cohen to transfer McDougal’s story rights, which was never executed. Pecker returned the rights to McDougal after she sued AMI.
• Davidson’s Role: Davidson testified about negotiating contracts for Daniels and McDougal, verified texts with Dylan Howard of the National Enquirer to sell the story, and discussed the understanding that their actions may have helped Trump’s campaign. He also detailed crafting Daniels’ denial statements and receiving threatening messages from her.
• Hicks’ Testimony: Hicks recalled Cohen’s hush money payment to Daniels and Trump’s comments on Cohen’s loyalty. She expressed skepticism about Cohen’s charitable motives, describing him as someone who seeks credit.
• McConney’s Testimony: Former Trump Organization controller McConney detailed the reimbursements to Cohen totaling $420,000 in $35,000 monthly installments. He confirmed checks signed by Trump and explained how the payment amount was calculated.
• Daniels’ Testimony: Daniels recounted her interactions with Trump, the alleged sexual encounter, and a 2011 threat in Las Vegas from a man who told her to “leave Trump alone.” She signed a settlement agreement in October 2016 and broke her nondisclosure agreement two years later. The defense highlighted inconsistencies in her statements and her “Making America Horny Again” tour promotion.
• Cohen’s Testimony: Cohen described his loyalty to Trump and the hush money payment process, including a secret recording discussing the McDougal payment. He testified about delaying Daniels’ payment until after the election and detailed his disappointment when Trump did not consider him for a White House position. Cohen also testified that he “stole” $30,000 from the Trump organization.

The Defense

• Defense Strategy: The defense called a paralegal to verify phone records and Robert Costello, a former legal adviser to Cohen, to undermine Cohen’s credibility. Trump did not testify, avoiding potential risks of cross-examination.
• Costello’s Testimony: Costello disputed Cohen’s credibility, stating Cohen claimed Trump knew nothing about the payments.
• Cross-Examination of Cohen: The defense challenged Cohen’s claims about the phone call approving the Daniels deal and highlighted Cohen’s admitted theft from the Trump Organization. They argued the payments were to protect Trump’s family from embarrassment and were personal, not intended to influence the election or cover up illegal activities.

The Jury Instruction

• Cohen is an “Accomplice: Even if the jury finds the star witness’ testimony believable, they cannot convict Trump solely based on Cohen’s testimony unless there is “corroborating evidence.”
• Second Crime: NY Election Law Section 17-152: Any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means and which conspiracy is acted upon by one or more parties.
• “Unlawful Means”: Jury can consider FECA violations, falsification of other business records and tax law violations.
• On Each Count: People must prove beyond a reasonable doubt that Trump personally or acted with another person to make or cause false business records from an enterprise with the intention to defraud and to conceal another crime. Jury must determine this for each of the 34 records (11 invoices, 12 vouchers and 11 checks)
• Motive vs Intent: Prosecutors do not need to prove a motive. But they are required to prove intent, which is conscious objective or purpose.
• Unanimity: The verdict must be unanimous among all 12 jurors.

Take the role of juror — how would you vote?