Fact-checking Trump’s remarks in the hush money trial

WASHINGTON — Donald Trump spent the bulk of the past week in a Manhattan courtroom, standing trial as the first American president to face criminal prosecution.

He is accused of falsifying business records to cover up an affair with an adult film actress before the 2016 election.

Even though he did not take the stand as opening statements got underway, he took to the cameras to argue his case each day the court was in session.

Here’s a fact check.

What Was Said

“He puts in an invoice, or whatever — a bill. And they pay it, and they call it a legal expense. I got indicted for that. What else would you call it? Actually, nobody’s been able to say what you’re supposed to call it.” — in remarks after the trial Monday

False. Trump is referring to 11 monthly invoices that are at the heart of the case. Whether or not Trump or the jury agrees with the assessment of prosecutors, they have been able to characterize those invoices.

Prosecutors have characterized Cohen’s payment as an illegal campaign contribution, and the invoices as reimbursement intended to falsify business records.

What Was Said

“Also, the things that he got in trouble for were things that had nothing to do with me. He got in trouble. He went to jail. This had nothing to do with me. This had to do with the taxi cab company.” — in remarks after the trial Monday

False. Cohen pleaded guilty in 2018 to five counts of personal tax evasion, one count of bank fraud and two counts of campaign finance violations. The tax evasion counts pertained to Cohen’s concealment of income derived from taxi medallions he owned and leased out. The campaign finance violations were related to his hush money payments to women at Trump’s behest. Cohen faced a maximum of 65 years in prison, with the two counts related to Trump each carrying a maximum of five years. He was ultimately sentenced to three years in prison.

What Was Said

False. The Federal Election Commission — which is made up of three Republican-aligned commissioners and three Democratic-aligned commissioners — did drop its case looking into Trump’s hush money payments after a deadlock vote. But it did not absolve him of wrongdoing.

In fact, the commission issued an internal report from the Office of General Counsel in December 2020. The report said that Trump, Cohen, the Trump campaign and the Trump Organization “knowingly and willfully” violated federal election law.

But in February 2021, two Republican commissioners voted to dismiss the case, while two Democratic commissioners voted to proceed. (There was one recusal and one absence.) The Republican commissioners wrote that pursuing the case “was not the best use of agency resources,” given that Cohen had been punished and that there was a backlog of hundreds of other cases.

What Was Said

“I’m not allowed to defend myself, and yet other people are allowed to say whatever they want about me.” — in remarks after the trial Tuesday

Under the order, Trump cannot make statements about witnesses concerning their participation in the investigation and court proceedings; about prosecutors, court staff members or their families if the comments are intended to interfere with the case; or any statements about jurors.

In his ruling approving the gag order, Merchan wrote that Trump’s statements “went far beyond defending himself” against attacks and rather were “threatening, inflammatory, denigrating” and targeted toward private individuals as well as public figures.

What Was Said

“Alvin Bragg is backed by Soros.” — in an interview with Newsmax on Thursday

This needs context. A financial link does exist between Alvin Bragg, the Manhattan district attorney bringing the case against him, and George Soros, the billionaire and Democratic megadonor. But Soros’ support was not explicitly earmarked for Bragg.

What Was Said

“Look at all the crime we have. And yet they have a big portion of their office sitting there over absolutely nothing.” — in the Newsmax interview

This is exaggerated. The Manhattan district attorney’s office employs about 550 assistant prosecutors and an additional 1,000 staff members, according to its website. In the Newsmax interview, Trump estimated that Bragg had anywhere from “12, 14, 18, 20 people from his office” on the hush money case. (Bragg has assembled six lawyers for the prosecution team.)

What Was Said

“This is all a Biden indictment. It’s in order to try and win an election.” — in remarks after the trial Friday

Bragg’s predecessor began investigating the hush money payments in 2018, years before Biden took office in 2021. As president, Biden has publicly emphasized the independence of the Justice Department. Moreover, news outlets including the Times have reported that Biden’s campaign strategy is to say nothing about Trump’s legal woes. Federal prosecutors in New York who work for the Justice Department have also declined to file charges against Trump.