When doktor posse jani at Dana farmer cancer institute showed how the eu- you have our mutation in lung cancer patients switches on cancer growth it led to an empty. I approve drug that was the first brought application of precision medicine in lung cancer. This each F, R inhibitor has led the way for other active, targeted lung cancer therapies find out more about dean of harbour momentum at work at Dana farmer, dot, org, slash stories from new york times, I'm look above all this is a daily. today all right, we're gonna breakin with this fact is over here we have just gotten word former president donald trump has been indicted for the first time in U S, history of former president has been indicted on criminal charges. Is this, of course, is unprecedented? The former

president accused of paying one hundred thirty thousand dollars in hush money to stormy Daniels in the weeks before the two thousand and sixteen presidential election again, my colleague been protests on the case against donald trump and what happens next. I just hung up with the former presidents and I asked ass. He planned and turn himself in it. He said you take care, John and any hung up on me. It's friday march, thirty first, then late it is, after nine p m, spoke very long day for you. I know you're tired, thank you for making time for us. My pleasure, I want to begin and then by just observing the enormity of what has just happened, because for the past six years we ve lived through an endless cycle,

investigations into the trump investigations into alleged campaign collusion with russia investigations tax evasion january six, the mishandling of classified documents, all of those could have theoretically led to criminal charges, but so far haven't this time in this investigation it has, and it feels huge It is huge I mean, I think everybody uses the word unprecedented with this president There have been so many unprecedented things, but in order to in fifty years of this country, we ve never had a present sitting are or former who's been indicted, The fact that we now have that is remarkable. It is unexpected in many ways, despite all the investigations you mentioned he's always manage to escape, and now it's sort of burst out bubble and now that he's indicted what is going to happen in the next few hours the next few days. So we expect him to surrender toothache

is in manhattan early next week. Basely. What that means is that, like anything, isn't it he's gonna be escorted into the bowels of the new york say courthouse. More manhattan and he's going to be fingerprinted, he's gonna, be photographed and he's gonna have to wait there until What's more he's arraigned in court her? Well, let's, let's just spend a little bit of time with the indictment itself in the simplest terms, what exactly has trump been charged with here? So the story I broke a few hours ago with my colleagues and willie rash bomb and john brown, which basically says that the grand jury is indicted, MR tramp, but the indictment he's gonna remain under seal until he is arranged in court. So we don't get to know the specifics, sir. I wouldn't get to know the charges, but what we do know if my reporting is that there are more than two dozen charters while

miss a huge number charges yeah, and we also know that the manhattan district attorney alvin brag has built a case that please centers on the accusation that mister trump falsified business records. These are business records from his company, and he did this a few years ago, during the two thousand and sixteen presidential campaign over a payment to a porn star everyday us right, a story we all know very well. In fact, a store, we know probably a lot better than we wish we did but just remind us of the very basic elements of- That story, stormy, Daniels, intra so flash back to two thousand and six was now and stormy. Me for me they have sex and they keep in touch over the ensuing months fast forward to the two dozen sixteen presidential campaign about a decade later right trump and his people, are suddenly afraid. That's for me to tell all and that her story is gonna, be here really damaging, not just his personal life.

He was married at the time of the encounter with miss Daniels, but also to his campaign, which has already reeling from other accusations ripe. So basically Michael Cohen, who was mister transfix at the time, comes up with a hundred thirty thousand dollars of his own money to buy her silence. He pays a hundred thirty thousand dollars in hush money too. basically ensure that she's not can tell her story and she does indeed keep quiet about. It trump of course wins. The election and everything seems like it's dead and buried, except that in two thousand and eighteen federal prosecutors in the southern dish. Manhattan figure this out The wall journal published story, exposing the pay off to mister, and the federal prosecutor. The fbi suddenly are now investigating Mr Cohen and their upending, his life and in the so that the drill down on these one hundred, thirty thousand dollar payment, miss Daniels and what they find out is that, despite

was essentially in illegal campaign donation to the trunk campaign. The reason for that is that, when you're buying her silence you're helping the campaign right, you are keeping out a damaging piece of information from voters. Attention right before the election So that is an unrecorded and very excessive campaign donation and Mr Cohen plead guilty, And in this very dramatic moment, stands up in court while he's pleading guilty and points the finger at the president and says I did this because I was directed to do it by mister trump hm and what remind us becomes of that finger pointing by cohen, the president of the united states, so it's ultimately revealed that trump reimbursed cohen for the money and Cohen, goes on a publicity tore telling anyone who would listen, including congress and the prosecutors, that this was all orchestrated by trump and the trump knew that it was.

I covered up in internal documents at the at the company, but legally speaking, there's not much. The prosecutors can do because there's a longstanding justice department policy. That says, you can't indict a sitting president right so essentially from the public view. That's, where this hits a debt at right. I remember that really well kind of ends as a salacious curiosity involving the president that doesn't seem to be going anywhere, so walker sue how and why, this case of all cases, this manhattan district attorney of all prosecutors ends up having this case that seemed very dead, because tromp was present then, and how we to this indictment, the first and only criminal indictment of donald trump, ok, so the feds closed the book on their case and just down the street is This disparities office. They opened their own investigation into the hush money. Originally,

the D. A sigh vance who initially open the investigation in the course of that he subpoenaed trumps tax returns. Then Looking into prouder array of trumps business practices, they looked into whether he lied on his financial statements, and that was the case that everybody's sorta thought they were going to bring not the hush money case. But the new da alvin bragg he's sworn in early, two thousand and twenty two and he inherits this case, that was going to be focused on down from business practices and whether he basically lied about his finances for years and years. He looks at that. and he says, yeah front. Maybe he lied and and falsified his financial records, but I don't have it yet. We can't quite prove it and Braggs sort of decides pump the brakes well, the only problem was when he decided to pump the brakes He got a tremendous amount of low back and everybody was wanting to know, including in deep blue liberal manhattan. Why did you

who Alvin bragged dear we just elected, not want to indict donald trump. And, in the course of the last few months the zombie case comes back here. This hush money case comes back from it at once, again and sure enough over the course several months. They start examining new potential new theories and how to revive the case, and impelling grandeur in january and that's the same grand jury that just indicted him. And then what made brag and made the lawyers in his office think that this zombie it was worth pursuing what evidence did they have that made them want to try to bring these charges may clearly filled, they have a deep body of evidence and a lot of that hinges on Michael collection, so Cohen has met with the district attorney's office twenty times, while he has testified before the grand jury twice for hours and hours.

And his story under oath. Is that trump orchestrated this and was aware of all the legal aspects of the hush twenty deal and how does the instead they have accumulated, bring them. two I know we don't know the charges but to the degree that you, based on the reporting think you understand the charges Help us understand how what Michael Cohen has been telling the district attorney might create these charges. It all comes down to how Michael gold coin was reimbursed for the money he paid. Stormy Daniels so the money was paid by common, but he was paid back by trump and trump, while president sign checks to cohen pay, paying back all that money and internally in the front organization. They have these records. That falsely say that the money had to do with

legal expenses and that it had to do with a retainer agreement that Cohen had with them. The problem was, of course, there was no retain argument. It was totally bogus. There are no legal expenses, at least not in twenty seventeen when he was repaid. This all had to do with hush money. That cohen had paid stormy daniels, and so if the whole thing was a work of fiction and if the whole thing was according to cohen fraudulent, then that's what the District attorney is gonna build his case, rout, ok to the alleged crime here. What is behind this indictment? We think is the fraudulent claim of what this money was for its in actuality, paying off Daniels, but reply says he just paying his lawyers fees correct, and so the case could be built not just on coins. Ass, the money, but on the czechs themselves, the trump signed on the documents that show that the trial

immunization improperly, falsely recorded for these payments as legal expenses, which is just not true, and so often the case is very likely to come down to the falsification of those businesses. Which in the state of new york is a crime, and it is a felony if you're, using those false business records to commit or conceal a second crime. In this case, probably an election law violation explained, so they might be able to prove a crime of financial fraud from trump lying about what this money was for, allegedly, what might be the second. I'm that would make this all a felony sure. So if the first crime is lying about what the money was four and these false business records, the second crime very well could be that he was using those false business records to cover up a campaign, finance crime, and in this case that would be

that that cohen paid money to stormy Daniels, to keep her quiet about a potential affair and alleged affair, and that that was essentially huge contribution to trumps campaign and the problem is that contribution was not recorded anywhere and it was way and excessive. What you're allowed to donate to a campaign? and in new york state there, Our campaign viands laws just like there are federally and if it ran off those laws. That could be the second crime that the trembling nation in that trunk were essentially covering up. So this second crime involved or which could be the one that makes that financial crime a felony, sounds familiar, and that is because it is the crime that Michael Cohen, already pledge guilty to exactly so then important question: how strong a case

is this. Based on your reporting, I mean I wouldn't call slam dunk by put yourself in the show, whose of a journey in Manhattan who evaluating a payment to a porn star that was covered up and lied about potentially affected the outcome of the twain. Seen election dimension manhattan where people don't. I thought I was a yes, and I think that the prosecution feels pretty strongly that it has a provable case does not mean, however, that it does not have its challenges will do way back. The daily is supported by a t and t eighty, and he connects an ode to podcasts connect the alarm.

Change the podcast. You stream connect this news. Ten more minutes to dream, connect a shower lather up with the news sports talk, comedians or movie reviews connect with that three hour for ass, if he show change the drive into work and traffic, so slow connected dishes devices, they glow thank you to the geniuses of spoken audio make the stories change, respect connecting changes, everything. Eighty anti. hi. I'm clarity is get I'm one of the many names you here in the list of credits on the daily every week, a big part of my job as a producer is talking to my colleagues to new york times, reporters to get their expertise on the news but we also want to explore the human side of the news and so another part of my job is talking to people about how they are experiencing what's happening in the world. That can mean walking to people on the street. Making cold cause its many months, making sure we represent all sides of restoring whether it's about what shape our political identity is or how recovery

With crises, we always like there's something to learn from these conversations. We you're from listeners, that these types of stories are what makes the daily special and we want it- he bringing them to you. We can't that without subscriber support, if you haven't, I have to the new york times. You can do that at an why times, dot com, slash subscribed and thanks then broke before the break You said that the district attorney's office thinks it has a reasonably strong case, but that there are challenges that it faces in bringing it so What are those challenges? Yes, the first part of the case is not so hard. It's the bread and butter of days office, they're, bringing

the accusation that trump and his company essentially falsify business records. Nothing strange about that to make that case a felony as we discussed, you have to have that second charge and that's a little bit trickier. What do you mean? Why? So, if we're right and the second crime is a campaign, finance violation then what's tricky here is that you have new york, state prosecutors, building a case in part and a violation of new york state election law, basically that this was an illegal campaign donation to the trunk campaign, but it was not a state campaign right. It was a presidential campaign federal campaigns you're having this unusual, potentially unprecedented, mixing of new york state election law and a federal campaign. Right. It's not as clean as most cases might be, where its state law alleged crime. This is a little bit funk here.

saying bluebird funk here and as far as we can tell, this has never been tested because remember in the Michael Cohen case, that was entirely a federal cases were federal charges in dealing with a thorough campaign. Here, we're talking about state chart is dealing with the federal campaign bright and listen when you're bringing criminal charges against The former president I'd states whose now running once again it is challenging to bring a case that has never before been tested through the courts. That doesn't mean that they won't when it does mean that there is not a lot of evidence suggesting that he will be convicted. It just means as a challenge, right. What should we make of the fact that this grand jury brought? This indictment? I mean: does that tell us anything about the strength of the case or Is that a misreading of how important and clear grand jury indictment actually is, while the other is that a grand jury, one day ham sandwich and down from as many things he is not a ham sandwich, but this is still

lower bar a lower threshold? Basically, the majority of the grand jurors to vote in favor of indicting him, whereas obviously need unanimous jury to convict him and at trial you're going to have to prove the case beyond a reasonable doubt, and here it's a lower standard. So you should not infer just from his indictment that he is going to be convicted, but I do think what it does show is that they were able to some. These jurors that this case should be brought, and certainly they built a case that suggests that the president actually committed these crimes. Then I think that question on a lot of people's minds as they absorb this indictment, and everything you have just said is: why did the mandate decide to bring this case? It's an old case involves this intimate

tawdry personal story and from what you're saying it's built on a pretty untested legal theory, and they could fail so why this one well in terms of whether or not to bring the case at all. I think that if the da were asked this question, he would say that the rule of law applies to anyone. It doesn't matter if you're, the former president, you know or someone off the street, it's that the law needs to be upheld and if they have the facts and the evidence to prove their case, that they should proceed right. But, of course, the very nature of this case span is what invites republicans to say that it's a witch hunt right because it involves fair because its old, because it comes from a democratic district attorney who already experienced blow back for not bringing a different set of charges.

Has to know that all of this is setting him up to seem too many republicans like a partisan who's out to get from well the republic You're gonna say that this is a witch hunt, no matter what the cases and, let's be honest, brag. The days case may not be the last case that we see against him. We may see future indictment of him unrelated to this indifferent jurisdictions, but you're really matters. What people in the jury box thank and they're the ones who ultimately decide his fate right? Let's turn to the next phase.

all of us because, as you already hinted at the next few days and x, you weeks are going to be very strange. But the real drama, of course, is going to be this trial and assuming that trump doesn't plead guilty and has no reason to think he will. What would the timetable for that trial? Be? We have this potential extraordinary timetable if we know one thing about down trumps legal strategy, its delay, delay, delay and so I think that this could be likely delayed well into the twenty twenty four. We could be looking at a trial nine months, twelve months away and, of course, that would raise this extraordinary prospect of having a trial unfolding against the backdrop of a presidential campaign, a campaign in which the defence It very well could be either the leading contender or even the nominee of his party and if trump is found guilty in a trial in the middle of a campaign, what kind of a sentence could he be looking at, potentially if a jury finds him guilty, it'll be entirely up?

the judge to decide what to do the judge would not need to impose prison sense, but he could face up to four years in prison, so it is possible that we could have a convicted former president headed for some prison sentence running for president in the middle of twenty four correct. But to be clear, you do not need to have a clean criminal record to be able to hold the office of the presidency. In other words, trump could be convicted and still be reelected correct under the constitution. That's the deal It's like unprecedented on top of unprecedented and top from president. Everything about this case feels totally historic. that's because it is then. Thank you very much repression. Thank you.

in a statement with on thursday night trump called the indictment quote political power, it's a and election interference at the highest level in history, the manhattan district attorney, who brought the case against him a disgrace and described himself as a completely innocent person, will be right back. the. Mrs Davis is the world's most powerful, artificial intelligence. Simone is the nun

voted to destroying her and finding the holy grail from a co executive, pretty serve the big bang theory The creator of watchman and lost comes the new peacock original series, MRS Davis, an epoch, quest of biblical and binary proportion. Storing Emmi award nominated betty gilpin as Simone mrs Davis streaming April twentieth only on peacock Here's what else you need to know day day is a tough and tragic day for kentucky for the fort campbell and for the hundred and first nine yours have died after the: u S, army helicopters, they were riding it committed during a training mission along the border of ten see and kentucky whose governor any bashir spoke about the accident. On thursday, the crash which occurred led Wednesday night involved to black hawk assault helicopters. Let

look off from fort Campbell, the cause of the collision is under investigation. We are blessed to live in. The three countries in the history of planet but we must remember that relies on those who are well these are some of which may the ultimate price and russia detained an american journalist for the wall street journal, accusing him without providing any evidence of espionage. In a major escalation of its wartime tactics against foreign media. The reporter Evan course commission, whose beast in moscow is believed to be the first american journalist held as an accused spy inside russia, syn the collapse of the soviet union? The job

vehemently denied russia's claims. That percentage is a spine and coal. For his immediate release, Tidies episode was produced by just a chung and Alex stern with help from Carlos creator. Ass, the children of eighty, it was edited by rachel question and each coward, contain, On original music by Diane Wallis, and Power in was engineered by chris would arsenius is by june, don't work and then lansford of wonderingly The

that's it for the daily. I'm likeable barker see you on Monday, with one of the best things rates in america, banking with capital. One is the easiest decision in the history of decisions, even easier than deciding to listen to another episode of your favorite podcast and with fees or minimums on checking and savings accounts. Is it even decision get started today. It only takes about five minutes when an account with capital one and there's no minimum to open and keep your accounts. That's banking re imagined what's in your wallet terms, apply see capital, wonder com such bank, capital, one any member of the ic