On Tuesday, former President Donald Trump was indicted on charges of bookkeeping fraud, including an unexpected accusation that he falsified business records to deceive state tax authorities.
Legal experts have described the case as risky and novel, with some questioning the ability of Manhattan District Attorney Alvin Bragg to successfully prosecute Trump for campaign finance violations alone.
Robert Kelner, chair of the election and political law practice group at Covington & Burling, remains uncertain that the claim of intended false statements to tax authorities would show an intent to commit another crime. He also questions the legal basis for the case against Cohen and its use as a foundation for a case against a former president.
Despite these concerns, Bragg has emphasized that at this stage, prosecutors do not need to go into detail about what other crimes they believe Trump intended to commit.
The next phase of the case will require prosecutors to divulge more in discovery, allowing defense counsel to learn more about the nature of the election laws violations and tax issues raised by Bragg in his statement of facts.