This surprise allegation in the indictment could spell big trouble for Trump — here’s why

An unexpected allegation emerged when the indictment against Donald Trump was unsealed Tuesday during his arraignment, and a legal expert says it could be a problem for the former president, The New York Times reports.

Trump has been charged with 34 felony counts of falsifying business records in connection with alleged hush money payments to Stormy Daniels. Trump pleaded not guilty to all counts Tuesday and has denied wrongdoing.

Prosecutors allege Trump falsified business records for the purpose of misleading state tax authorities, an allegation that bolsters what legal experts have described as a novel case that could be difficult to prove.

Rebecca Roiphe, a former state prosecutor who is now a New York Law School professor, said this revelation will likely make it easier for prosecutors to present the complicated case to a jury.

“Pundits have been speculating that Trump would be charged with lying about the hush money payments to illegally affect an election, and that theory rests on controversial legal issues and could be hard to prove,” Roiphe told The Times.

“It turns out the indictment also includes a claim that Trump falsified records to commit a state tax crime. …That’s a much simpler charge that avoids the potential pitfalls.”

To secure a felony conviction against Trump, Manhattan District Attorney Alvin Bragg will need to prove that bookkeeping fraud in connection with the mischaracterization of business records was done in the furtherance of another crime.

The Times’ Charlie Savage reports that “On Tuesday, Mr. Bragg suggested that prosecutors are putting forward multiple theories for the second crime, potentially giving judges and jurors alternative routes to finding that bookkeeping fraud was a felony."

“As was widely predicted, he is pointing toward alleged violations of both federal and state elections laws. By doing so, he is in part plunging forward with a premise that has given pause to even some of Mr. Trump’s toughest critics.”

Watch: Jon Stewart couldn't stay away from the Daily Show on the night of Trump's arraignment