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Trump not entitled to more info about fraud charges against him, DA’s office argues

By Aaron Katersky, ABC News May 16, 2023 | 4:05 PM
Jeff J Mitchell/Getty Images

(NEW YORK) — Former President Donald Trump “has more than sufficient information to prepare his defense” and is not entitled to a written statement with additional details about the criminal charges he is facing, the Manhattan district attorney’s office argued Tuesday in a new court filing.

Trump, who last month pleaded not guilty in a New York City courtroom to 34 felony counts of falsifying business records related to a 2016 hush money payment, is seeking a bill of particulars that would contain details about the prosecutors’ theory of the case that are not included in the indictment.

Defense attorneys are seeking more information about the substance of the allegations regarding Trump’s allegedly criminal conduct. They also want prosecutors to specify the other crime Trump is alleged to have aided by falsifying business records, which enabled him to be charged with felonies. The falsification of business records is a misdemeanor unless it is committed in furtherance of another crime, in which case it can be charged as a felony.

In response, prosecutors said what they’ve filed previously is sufficient.

“The 15-page, 34-count indictment and 13-page statement of facts fully inform defendant of the nature of the charges against him, including by specifying the business records defendant allegedly falsified and by describing the details of his allegedly unlawful scheme,” assistant district attorney Becky Mangold said.

The Manhattan district attorney’s office alleges that Trump concealed the true nature of reimbursement payments to his then-lawyer, Michael Cohen, after Cohen paid $130,000 to adult film Stormy Daniels in the closing weeks of the 2016 presidential campaign so she would keep quiet about a long-denied affair with Trump.

“[T]he People respond that the crimes defendant intended to commit or to aid or conceal may include violations of New York Election Law, New York Tax Law and New York Penal Law; or violations of the Federal Election Campaign Act,” Mangold said.

Trump is expected to attend a virtual hearing next week in which he is to be informed of the terms of a protective order issued by a judge that limits his ability to share information obtained during the discovery process, which prosecutors will be sharing with the defense. Once Trump is informed of the protective order, prosecutors said they’ll turn over “millions” of pages to Trump’s team.

“The production of these voluminous discovery materials further ensures that defendant is fully informed of the charges against him so he may prepare a defense,” Mangold said.

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