Analysis: What the 34 felony charges against Donald Trump reveal

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Donald Trump arriving at courtImage source, Reuters

By Anthony Zurcher

North America correspondent

We knew Donald Trump had been charged with a crime - now we know the former US president actually faces 34 counts of falsifying business records.

These are felony charges, which denote serious crimes - ones that could include prison time if a maximum sentence was given.

Mr Trump has pleaded not guilty to all counts on the indictment.

The charges all arise from Mr Trump's alleged reimbursement of "Lawyer A" for a $130,000 payment to "Woman 2", who was shopping a story about an alleged affair she had with Mr Trump in the days before the 2016 presidential election.

Although not identified, the facts would indicate that Lawyer 1 is former president's lawyer and fixer Michael Cohen, while Woman 2 is adult film star Stormy Daniels.

The indictment alleges that Mr Trump falsified cheque records and ledger entries over the course of 11 months in 2017 to make it appear that those payments were for "legal fees" and not reimbursements.

It also alleges that the total amount provided to Cohen (Lawyer A) was in excess of the amount he paid Stormy Daniels (Woman 2) in order to compensate for income-tax payments.

The charge of business record falsification is typically a lesser crime - a misdemeanour - but in this case the district attorney's office elevated the charges to a more serious felony level because, it said, Mr Trump intended to cover up the felony federal campaign finance crime to which Cohen pleaded guilty in August 2018.

'An unlawful scheme'

The indictment's Statement of Facts provides further background information about what it called Mr Trump's "unlawful scheme" to prevent damaging information from being revealed about him in the run-up to the 2016 presidential election.

It provided two other instances of payments made on Mr Trump's behalf by the National Enquirer tabloid newspaper. The first was to a doorman who alleged he knew of an illegitimate child Mr Trump fathered, the second to Woman A, who evidence suggests is Playboy model Karen McDougal.

"Ultimately," the statement reads, "other participants in the scheme admitted that the payoffs were unlawful."

Neither of these instances led to criminal charges against Mr Trump, however. The indictment is solely targeted toward the hush-money payment to Stormy Daniels.

This story will be updated.

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