What to Know
- All eyes have been on Manhattan District Attorney Alvin Bragg regarding a potential Donald Trump indictment; the grand jury that has been hearing that case met Thursday, but sources said they didn't talk about the hush money case involving porn star Stormy Daniels
- A day ago, the grand jury was told to stay home. They last heard testimony from Trump ally Robert Costello Monday, where he sought to discredit Michael Cohen
- If the Manhattan grand jury were to indict Trump, it would mark the first criminal charges against a former or sitting U.S. president. Any charges, or conviction, though, wouldn't ban him from running
The Manhattan grand jury that has been weighing potential charges against former President Donald Trump reconvened Thursday after an unexpected, and still unexplained, day off -- but they did not hear anything related to the alleged hush money case, three sources familiar with the matter say.
Manhattan District Attorney Alvin Bragg arrived at his office Thursday morning and again did not comment on the ongoing investigation. Across from Bragg's Hogan Place office in Lower Manhattan, the grand jury was sitting — but sources told NBC New York that it was doing work on other cases. There was no action on the matter regarding hush money payments made to adult film star Stormy Daniels, according to two sources familiar with the matter.
The panel of 23 Manhattanites had been scheduled to meet Wednesday afternoon regarding the Trump case but Bragg told them to stay home and be on standby for a potential hearing the next day, sources said. The reason for the delay remains unclear, including whether it may be related to a potential witness or new evidence.
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Sources said that the situation remains fluid but it was unlikely the grand jury would meet to consider the Trump case before next week, on Monday at the earliest. The grand jury often meets Mondays, Wednesdays and sometimes Thursdays, sources told NBC New York, and prosecutors still deciding on if and when to move forward.
Trump taunted the DA on his social media platform for much of the day, saying that Bragg "is doing the work of Anarchists and the Devil." He then released a statement that read, "Total disarray in the Manhattan D.A.’s Office. Tremendous dissension and chaos because they have NO CASE, and many of the honest people in the Office know it, and want to do the right thing. They think back to the Late, Great, Bob Morgenthau, the best ever, and know what he would have done. JUSTICE FOR ALL!"
Trump announced to the globe nearly a full week ago that he expected to be arrested in Manhattan earlier this week. That did not turn out to be true, and it still isn't clear if and/or when that might happen.
The taunting from Trump came as the DA's office pushed back against several congressional Republicans who say they might investigate the handling of the case by Bragg, a Democrat. In a letter, Bragg's office told several GOP leaders that their questions amounted to "an unprecedented inquiry into a pending local prosecution," and that it would be "an unlawful incursion into New York’s sovereignty."
Although the grand jury paused this week in its review of the case, former prosecutor Daniel Horwitz said he doesn't believe the delay is due to second thoughts about the credibility of key witness Michael Cohen, who has admitted to and served time in prison for lying about the payoff to the porn star.
"There’s a lot of criticism, questions about Michael Cohen. You know lots of white collar cases — almost every white collar case is made with insiders," Horwitz said.
Cohen says he is telling the truth about Trump and falsified documents to try to cover up the hush-money payments — which are not illegal. However, falsifying business records to protect a presidential campaign might be.
"After reviewing everything, if the DA still believes the evidence warrants the charge, then I would expect Bragg to file those charges," said trial attorney Robert Gottlieb.
Meanwhile, the world continues to wait.
The proceedings have been shrouded in secrecy. Even if the Manhattan grand jury were to discuss Trump on Monday, it wouldn't guarantee a same-day potential indictment vote. Legal experts said it's a complicated case and every detail needs to be reviewed in order for the grand jury to legally move forward.
One key question being weighed: Whether prosecutors can trust the key testimony from Michael Cohen, especially after his former lawyer and Trump ally Robert Costello testified under oath on Monday that he is "totally unreliable."
"I think the DA now has to call a time-out and decide if they can go forward with this case and this witness," Costello said. "I think I threw a wrench in their monkey works."
Speculation abounds with the relative silence out of the Manhattan district attorney's office this week.
Columbia law professor John Coffee suggested the law itself could be a problem for prosecutors because even if the district attorney can prove Trump falsely accounted for hush money to Stormy Daniels, that would only amount to a misdemeanor. Winning a low-level felony conviction could require connecting that to a federal crime.
"The New York statute says it’s a misdemeanor if you just falsify the records. It’s a felony if you falsify the record in order to conceal a crime. But if the crime is a federal crime that is a different ball of wax," said Coffee. "It is not at all clear that NY state has jurisdiction or authority to find a violation of a federal crime.”
Federal prosecutors had said the payments amounted to illegal, unreported assistance to Trump’s campaign. But they declined to file charges against Trump himself. The ex-president has denied all allegations against him.
The latest developments come days after Trump urged his supporters to "PROTEST, PROTEST, PROTEST" in New York City, where throngs of fully uniformed NYPD, Secret Service and other officers secured the Manhattan Criminal Court perimeter ahead of a possible grand jury indictment. The uniform mandate for all officers remains in effect.
Protests have been intermittent and largely muted thus far. A few members of the New York Young Republican's Club donned MAGA hats and rallied outside Manhattan Criminal Court earlier this week, and a barricaded Trump Tower in midtown Manhattan has been the scene of a handful of impromptu demonstrations.
It's unclear if any potential organized actions could intensify should the grand jury opt to indict Trump, which would be the first indictment of a sitting or former U.S. president in history. But with the pall of the Jan. 6 insurrection still looming large, the NYPD, and its law enforcement partners at all levels of government, are preparing accordingly.
Trump is reportedly concerned about optics if he is indicted. The New York Times cited friends and associates who say the former president is ready for his perp walk, and even mused openly about whether he should smile for the assembled media. He has reportedly pondered how the public would react and is said to have described the potential spectacle as a fun experience, according to the Times.
Friends and associates of Trump told the Times that no one is quite sure whether his remarks are bravado or genuine resignation about what lies ahead.
As of the latest developments, there have been no plans or requests for Trump — who has been at his Mar-a-Lago estate in Florida and hasn't commented on the grand jury delay — to travel to the city this week, sources sat.
It doesn't appear a virtual arraignment would be likely in the event of an indictment, given what would be the historic significance of such a proceeding.
