'Oops': Ex-prosecutor flags flaw in Trump's 'latest defense' in criminal hush money case

Former President Donald Trump sits in the courtroom during his civil fraud trial at New York State Supreme Court on Nov. 6, 2023, in New York City. - Eduardo Munoz/Pool/Getty Images North America/TNS

Donald Trump's current defense to allegations in the criminal business records falsification case he's facing undermines his original arguments, a legal expert said on Sunday.

Trump is set to begin his trial in the case, in which the former president has been charged with more than 30 felonies in connection with purported "hush money" payments made to adult film star Stormy Daniels and then allegedly covered up. Trump's first argument was that the $130,000 paid to his former attorney and fixer, Michael Cohen, was for regular fees in the course of representation

Now, however, the ex-president is contradicting that claim by stating the fees were legal fees because they were reimbursements to Trump's lawyer, while acknowledging they went to Daniel as opposed to for regular costs.

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Andrew Weissmann, a former senior prosecutor for special counsel Robert Mueller, claims the current defense goes against what Trump wrote at the time of the actual transactions.

"Trump's latest defense, which we will see at trial I'm sure, that the 34 business records were not false because they were legal payments (reimbursing his lawyer Cohen for making the $130,000 hush money payment) is BELIED by contemporaneous notations that the payments were for ongoing legal services rendered during a certain month," he wrote. "Oops."

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