Manhattan District Attorney Alvin Bragg intends to use former President Trump’s alleged prior “misconduct and criminal acts” to discredit him if he testifies in his own defense at trial, according to a notice filed Wednesday.
Trump, the 2024 presumptive Republican nominee, has never been convicted of a crime.
Bragg charged Trump with 34 counts of falsifying business records in the first degree relating to alleged hush money payments made to adult film actress Stormy Daniels ahead of the 2016 presidential election.
Trump, who pleaded not guilty to all counts, said last week that he plans to testify in his own defense.
“I tell the truth,” Trump said.
But Bragg filed a notice on Wednesday to “disclose a list of all misconduct and criminal acts of the defendant not charged in the indictment which the People intend to use at trial to impeach the credibility of the defendant.”
“If the defendant chooses to testify, the People intend to inquire regarding the following acts,” the filing states.
Bragg and his team intend to use information from New York Attorney General Letitia James’ case against the former president and the determination from New York Judge Arthur Engoron after the months-long non-jury civil fraud trial against Trump and his family.
Manhattan district attorney Alvin Bragg arrives at Manhattan criminal court, Tuesday, April 16, 2024, in New York. Donald Trump returns to a New York courtroom Tuesday as a judge works to find a panel of jurors who will decide whether the former president is guilty of criminal charges alleging he falsified business records to cover up a sex scandal during the 2016 campaign. (AP Photo/Yuki Iwamura)
Engoron ruled Trump was liable for fraud and “falsifying business records,” “issuing false financial statements,” “conspiracy to falsify false financial statements,” “insurance fraud” and “conspiracy to commit insurance fraud.”
Trump was required to post a slashed judgment bond of $175 million as he appeals the ruling.
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The trial took place without a jury.
Former President Donald Trump has been in court for the first two days of jury selection in a Manhattan criminal court this week (AP Photo/Mary Altaffer, Pool)
Bragg also intends to use Trump’s alleged violation of the gag order imposed by Engoron in that case. Bragg, in his case, wants Trump to be held in contempt of court, claiming he violated the gag order imposed upon him by Judge Juan Merchan, who is overseeing the criminal trial.
Bragg says he also intends to use information from the E. Jean Carroll defamation case. Trump was ordered to pay Carroll $83.3 million in damages after he denied allegations that he raped her in the 1990s.
TRUMP ORDERED TO PAY $83.3 MILLION TO E JEAN CARROLL BY MONDAY OR POST BOND: JUDGE
Trump appealed the decision.
Separately, last year, a federal jury in New York City decided that Trump was not liable for rape of Carroll but was liable for sexual abuse and defamation. The former president was ordered to pay $5 million in that trial.
Bragg also said in the filing that he would point to Clinton v. Trump, in which the former president was sanctioned and fined for filing a “frivolous, bad-faith lawsuit.”
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The filing came Wednesday, after two days of jury selection in the trial. Seven jurors were selected and sworn in on Tuesday. Court does not meet for the trial on Wednesdays.
Jury selection is expected to reconvene Thursday at 9:30 a.m. in New York City.
