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Reason
Reason
Jacob Sullum

The New York Case Against Trump Relies on a 'Twisty' Legal Theory That Reeks of Desperation

Jurors in Donald Trump's trial at the New York County Criminal Courthouse in Manhattan have heard a lot about paying people to keep their mouths shut. The New York Times understandably calls the trial a "hush money case." But both sides in the case, the first-ever criminal proceeding against a former president, object to that characterization, and their dueling interpretations go to the heart of the legally dubious charges against Trump.

When Trump lawyer Michael Cohen paid porn star Stormy Daniels $130,000 shortly before the 2016 presidential election to stop her from talking about her purported 2006 sexual encounter with Trump, that transaction was "not illegal," Trump's lead defense attorney, Todd Blanche, said during his opening statement last week. "Entering into a nondisclosure agreement is perfectly legal. Companies do that all the time….Executives, people who are wealthy, people who are famous enter into nondisclosure agreements regularly, and there's nothing illegal about it."

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