Did Trump Bribe His Own Witnesses? That Could Be A Separate Crime

Nine witnesses in the criminal cases against former President Donald Trump have received significant financial benefits, including large raises from his campaign, severance packages, new jobs, and a grant of shares and cash from Trump’s media company.

The benefits have flowed from Trump’s businesses and campaign committees, according to a ProPublica analysis of public disclosures, court records and securities filings. One campaign aide had his average monthly pay double, from $26,000 to $53,500. Another employee got a $2 million severance package barring him from voluntarily cooperating with law enforcement. And one of the campaign’s top officials had her daughter hired onto the campaign staff, where she is now the fourth-highest-paid employee.

Significant changes to a staffer’s work situation, such as bonuses, pay raises, firings or promotions, can be evidence of a crime if they come outside the normal course of business. To prove witness tampering, prosecutors would need to show that perks or punishments were intended to influence testimony.

White-collar defense lawyers say the situation Trump finds himself in — in the dual role of defendant and boss of many of the people who are the primary witnesses to his alleged crimes — is not uncommon. Their standard advice is not to provide any unusual benefits or penalties to such employees. Ideally, decisions about employees slated to give evidence should be made by an independent body such as a board, not the boss who is under investigation.

Even if the perks were not intended to influence witnesses, they could prove troublesome for Trump in any future trials. Prosecutors could point to the benefits to undermine the credibility of those aides on the witness stand.

“It feels very shady, especially as you detect a pattern. … I would worry about it having a corrupt influence,” Barbara McQuade, a former U.S. attorney for the Eastern District of Michigan, said after hearing from ProPublica about benefits provided to potential Trump witnesses.

But McQuade said these cases are difficult to prove, even if the intent were actually to influence testimony, because savvy defendants don’t explicitly attach strings to the benefits and would more likely be “all wink and a nod, ‘You’re a great, loyal employee, here’s a raise.’”

In response to questions from ProPublica, a Trump campaign official said that any raises or other benefits provided to witnesses were the result of their taking on more work due to the campaign or his legal cases heating up, or because they took on new duties.

The official added that Trump himself isn’t involved in determining how much campaign staffers are paid, and that compensation is entirely delegated to the campaign’s top leaders. “The president is not involved in the decision-making process,” the official said. “I would argue Trump doesn’t know what we’re paid.”

Campaign spokesperson Steven Cheung said in a statement that “the 2024 Trump campaign is the most well-run and professional operation in political history. Any false assertion that we’re engaging in any type of behavior that may be regarded as tampering is absurd and completely fake.”

Trump’s attorney, David Warrington, sent ProPublica a cease-and-desist letter demanding this article not be published. The letter warned that if the outlet and its reporters “continue their reckless campaign of defamation, President Trump will evaluate all legal remedies.”

It’s possible the benefits are more widespread. Payments from Trump campaign committees are disclosed publicly, but the finances of his businesses are mostly private, so raises, bonuses and other payments from those entities are not typically disclosed.

ProPublica did not find evidence that Trump personally approved the pay increases or other benefits. But Trump famously keeps close watch over his operations and prides himself on penny-pinching. One former aide compared working for the Trump Organization, his large company, to “a small family business” where every employee “in some sense reports to Mr. Trump.” Former aides have said Trump demands unwavering loyalty from subordinates, even when their duties require independence. After his Attorney General Jeff Sessions decided to recuse himself against then-President Trump’s wishes, paving the way for a special counsel to investigate his campaign’s ties to Russia, Trump fumed about being crossed. “Where’s my Roy Cohn?” Trump asked, referring to the notorious former aide to Sen. Joseph McCarthy who later served as Trump’s faithful fixer long before Trump became president.

In addition to the New York case in which Trump was convicted last week, stemming from hidden payments to a porn star, Trump is facing separate charges federally and in Georgia for election interference and in another federal case for mishandling classified documents.

Attempts to exert undue influence on witnesses have been a repeated theme of Trump-related investigations and criminal cases over the years.

Trump’s former campaign manager and former campaign adviser were convicted on federal witness tampering charges in 2018 and 2019. The campaign adviser had told a witness to “do a ‘Frank Pentangeli,’” referencing a character in “The Godfather Part II” who lies to a Senate committee investigating organized crime. Trump later pardoned both men in the waning days of his presidency. (He did not pardon a co-defendant of the campaign manager who had cooperated with the government.)

During the congressional investigation into the storming of the Capitol on Jan. 6, 2021, a former White House staffer testified that she got a call from a colleague the night before an interview with investigators. The colleague told her Trump’s chief of staff “wants me to let you know that he knows you’re loyal and he knows you’ll do the right thing tomorrow and that you’re going to protect him and the boss.” (A spokesperson for the chief of staff denied that he tried to influence testimony.)

Last year, Trump himself publicly discouraged a witness from testifying in the Georgia case. Trump posted on social media that he had read about a Georgia politician who “will be testifying before the Fulton County Grand Jury. He shouldn’t.”

One witness has said publicly that, when he quit working for Trump in the midst of the classified documents criminal investigation, he was offered golf tournament tickets, a lawyer paid for by Trump and a new job that would have come with a raise. The witness, a valet and manager at Mar-a-Lago, had direct knowledge of the handling of the government documents at the club, the focus of one of the criminal cases against the former president. “I’m sure the boss would love to see you,” the employee, Brian Butler, recalled Trump’s property manager telling him. (The episode was first reported by CNN.)

In an interview with ProPublica, Butler, who declined the offers, said he looked at them “innocently for a while.” But when he added up the benefits plus the timing, he thought “it could be them trying to get me back in the circle.”

One Trump aide who plays a key role in multiple cases is a lawyer named Boris Epshteyn, who became an important figure in Trump’s effort to overturn the results of the 2020 election.

A college classmate of one of Trump’s sons who worked on the 2016 campaign and briefly in the White House, Epshteyn was involved in assembling sets of false electors around the country after Trump lost the 2020 election, and Epshteyn’s emails and texts have come up repeatedly in investigations.

In 2022, he testified before the Georgia grand jury that later indicted Trump on charges related to attempts to overturn the election. The FBI seized his phone, and in April 2023 he was interviewed by the federal special counsel.

In early August 2023, the special counsel charged Trump with conspiracy to defraud the United States and conspiracy to obstruct an official proceeding as part of an effort to overturn the 2020 election. A couple weeks later, the Georgia grand jury handed down an indictment accusing Trump of racketeering as part of a plot to overturn the election results in the state. From November 2022 to August 2023, the Trump campaign had paid Epshteyn’s company an average of $26,000 per month. The month after the indictments, his pay hit a new high, $50,000, and climbed in October to $53,500 per month, where it has remained ever since.

Epshteyn is a contractor with the campaign and the payments go to his company, Georgetown Advisory, which is based at a residential home in New Jersey. The company does not appear to have an office or other employees. Campaign filings say the payments are for “communications & legal consulting.”

Kenneth Notter, an attorney at MoloLamken who specializes in white-collar defense, said that a defendant should have a good explanation for a major increase in pay like Epshteyn’s. “Any change in treatment of a witness is something that gets my heart rate up as a lawyer.”

Already in early 2023, months before the pay bump, a Trump campaign spokesperson described Epshteyn to The New York Times as “a deeply valued member of the team” who had “done a terrific job shepherding the legal efforts fighting” the investigations of Trump. The Times reported then that Epshteyn spoke to Trump multiple times per day.

Timothy Parlatore, an attorney who left Trump’s defense team last year citing infighting, found Epshteyn’s large raise baffling. He questioned Epshteyn’s fitness to handle high-stakes criminal defense given his scant experience in the area. “He tries to coordinate all the legal efforts, which is a role he’s uniquely unqualified for,” Parlatore said.

The Trump campaign official told ProPublica that Epshteyn got a pay raise because Trump’s legal cases intensified and, as a result, Epshteyn had more legal work to coordinate. The official declined to say if he started working more hours: “All of us are working 24/7, … every second of the day.” Epshteyn declined to comment on the record.

Even after the major pay increase, Epshteyn has not devoted all of his working time to the Trump campaign. He has continued to consult for other campaigns in recent months, disclosure filings show. And in November, he got a new role as managing director of a financial services firm in New York called Kenmar Securities, regulatory filings show.

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