– Not protected by law – VG

Can President Donald Trump be held responsible for so-called secret money from pornstar Stormy Daniels and former Playboy model Karen McDougal?

The question has been asked since the 2016 election campaign, but has come to the fore thanks to a bombshell new book and a devastating Supreme Court decision.

Former Trump attorney Michael Cohen, who himself has been sentenced to three years in prison for payments that would supposedly silence women about their alleged sexual affairs with Trump, believes the president should be in prison. In his new book, he writes that it was Trump who asked for the payment and that he is therefore an accessory to the crime.

Do you remember this? VG followed Stormy Daniels one night at the strip club

But can Trump be prosecuted while he’s president? He himself affirms that the presidency makes him absolutely immune. Berit Berger, a former assistant US attorney in New York, disagrees with this interpretation.

– Nothing in the law indicates that you are immune from prosecution; It is not protected by law, but by political and legal guidance at the federal level. The Justice Ministry says they don’t want to prosecute a sitting president, but states are not required to follow that guidance. And now the Supreme Court says quite categorically that the presidency does not give immunity to comply with legal processes, such as a subpoena, Berger tells VG by phone from New York.

You must provide information on all the details

He refers to the big change that occurred in July, when the Supreme Court ordered Trump to share his tax return with New York State investigators. As the only president since Nixon, Trump has refused to release his tax documents.

Now he has to share all the details about his personal finances with investigators, who are investigating Daniels and McDougal’s secret money, as well as allegations of incorrect financial information at the Trump Organization in New York dating back a decade.

– Lawyers always say: Documents cannot lie. If investigators find fraud or criminal activity, and there are documents that can corroborate this, they have a strong case, says Berger, born in Norway and who is currently executive director of the Colombian Law School.

Cohen may be a witness for the crown

A grand jury will consider the tax documents from Trump’s accounting firm. It is not clear exactly when he will access the documents.

– It is difficult to say what the investigation may lead to. Much of what we know about an alleged crime comes from Michael Cohen, who has described criminal practices in the Trump organization, including payments to these women. Perhaps the prosecutor will use Cohen to interpret the documents, Berger says.

– Do you think we will reach a conclusion before the elections?

– I doubt it. Even if the prosecutor receives the documents, it does not mean that the public will see them. I don’t think charges will be filed in just two months. I also think the prosecutor will hesitate to press charges so close to an election, fearing being accused of trying to influence the election, Berger responds.

Don’t think Trump is already afraid

The former deputy attorney general has followed the long list of investigations Trump has been involved in since he became president of the United States. At one point in 2018, when Trump’s entire professional and personal life was under investigation, Berger told VG that “this must be scary for him.”

– Do you still think that Trump is afraid?

-In a way not, because it has shown that several of the investigations have not left such deep traces. Mueller’s investigation was intense, but it didn’t do him much political damage. Instead, Trump is now using it to show what kind of witch hunt was against him. We thought the trial would be a turning point, but it didn’t have much of an impact on the way Trump governs or what his supporters think of him, he responds.

Continuous trust among followers

– You have always said that Trump would survive his first presidential term. But can he be reelected with all the charges against him? How is your credibility now?

– I think it will survive. Anyone who says it’s not a possibility is blind to what has happened in recent years, Berger responds, noting that a large portion of the American population still trusts and supports Trump.

She suggests that the investigations may have strengthened Trump, albeit among his own voter base.

– It seems to me that all the investigations have not led people to lose confidence in the president. Rather, they have reinforced the desire to want him re-elected. They believe the legal process against them is unfair and politically motivated.

Use the victim card

The latter is to the credit of the Trump campaign, Berger believes. According to her, the president’s team has managed to divert the light from the allegations and instead direct it to investigators.

– It has focused on an investigation by researchers. If you make people believe that an investigation has been rigged, you have nothing to say if the findings are negative, Berger says.

– Trump manages to present himself as the victim; a position that occupies very well. Saying “look how badly they treat me, that’s why I have to be re-elected” is an effective message that can increase your support.

If, on the contrary, he loses the elections and loses presidential protection, will he then be responsible for his alleged crimes?

– Perhaps. As I said, there is nothing to prevent it in the law. If he loses, he can be held liable for the criminal acts he committed before and during the presidency. Nothing will give him immunity, Berger concludes.