Charging Trump hush money case as felonies involves uncertain legal path

But falsifying business records is normally a misdemeanor offense, unless prosecutors can show that a defendant intended to commit, aid or conceal a second crime, leaving legal experts speculating for weeks about the possible paths to upgrade the charges to felonies.

At a news conference, Bragg referenced both federal and state laws without specifying either: citing a New York state election law that makes it a misdemeanor to conspire to promote a candidacy by unlawful means, and citing the federal cap on campaign contributions.

The arrangement involved Cohen needing to be reimbursed for the $130,000 he paid to Daniels, as well as another $50,000 in unrelated expenses. Trump then authorized the Trump Organization to double that $180,000 to $360,000, so Cohen would be left with $180,000 after taxes.

Bragg emphasized the tax element even as he remained vague. At one point he seemed to suggest it showed Trump and Cohen violated state law against conspiring to promote a candidate through unlawful means. At another point, he suggested it amounted to submitting false information to the state.

The crux of the suggested conspiracy is whether the Trump Organization paid tax on what it characterized as a potentially deductible legal expense.

The district attorney noted at his news conference that he was not obliged to detail specifics at this stage, probably in part to protect against motions to dismiss from Trump. But he will have to eventually specify his arguments in the coming weeks of pre-trial hearings.