Here's the charges against Trump in a nutshell: Under New York law, falsification of business records is typically a misdemeanor. But the charges were elevated to felonies by alleging they were committed with the intent to defraud, such as by committing another crime or concealing another crime. Yeah, as we used to say: Clear as mud -- LOL
I disagree, the charges are simple. A jury won't have any trouble understanding what comprises the case. All 34 counts. In fact, I believe most of this case will be fought out pre-trial, with motions.
I think that makes it pretty clear. I was actually about to thank you for clarifying it so well. What part did you not understand?
SECTION 17-152 Conspiracy to promote or prevent election Election (ELN) CHAPTER 17, ARTICLE 17, TITLE 1 § 17-152. Conspiracy to promote or prevent election. Any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means and which conspiracy is acted upon by one or more of the parties thereto, shall be guilty of a misdemeanor. Legislation | NY State Senate (nysenate.gov)
Bragg is committing fraud on the people of NY. His legal theory here is fictional at best. And that, as well as his willingness to leak to the press which is a felony... is why the people of NY can be served by his incarceration...
My irritation is that he did not cite that law that I just cited. I had to figure it out myself. He should have shown the pubic at the press conference and included it in his indictment even if he "didn't have to" because managing the message is critical. He made some things clear, but that was a critical omission. He gave me enough to figure it out, I guess, but he could have cited it himself.
Actually, I congratulate you on getting the rationale spot on. Of note, the crime of concealing the misdemeanor does not even have to be proven as long as the jury finds there was intent to commit it.
lol no, that's the second crime to make the falsifying business records a felony instead of a misdemeanor. Look at the graphics in his press conference. It was a conspiracy with Pecker and Cohen to stop negative stories to promote him becoming president, but they did it by illegal means, falsifying business records. It's actually not extremely complex, Bragg just kind of blew the messaging.
He couldn't because he has a copy of the letter from Cohen attorneys. It would fall flat on its face up front For that to work, Bragg would have to get Cohens attorneys to admit they lied to federal prosecutors. I don't think there is any chance of that happening
The part where you explain to everyone what this crime committed was since Bragg told reporters he didn't list it in the indictment because he doesn't have too and nobody knows what it is.
No no actually read the stuff. This isn't about campaign finance, at least not primarily. In the press conference, Bragg actually alluded to the law I cited, but I had to do multiple google searches to find the actual law. So falsifying business records in the first degree is a felony which requires a second crime. I cited the second crime that Bragg alluded to. HE should have done that himself, including in the indictment as a reference to why this is 1st degree and a felony. Point is, this isn't clearly a case that would be thrown out, even if his piss poor messaging makes it seem like it will be.
You do realize that he is actively in violation of that law though, right? He isn't immune from that law. So as he prosecutes in conspiracy to preclude a candidate, he is in fact committing a felony.
Misdemeanor…. Yes we know…. But Bragg claims there is another charge which he did not specify… do you know what that second “crime” was the makes it a felony?
If what you say is correct, it would be a misdemeanor. The felony part applies to falsifying business records while committing a 2nd crime. But I don't think what you say is correct. Bragg is just doing his usual white collar crime stuff, the target just happens to be Trump this time. It's not for the purpose of the election. We have no idea whether it would help or hurt republicans. If this causes De Santis to win, republicans may have a better chance of winning. Or, this may boost Trump if the charges fail.
Bragg is claiming that they are felonies because there was a conspiracy to obstruct. As if.. Like his office isn't actively doing this today..
There's evidence it occurred, the 2015 meeting with Pecker to stop negative stories about him. Using Cohen to stop the stormy daniels story. Conspiring with them to produce false business documents to hide this fact. It is definitely a conspiracy. And according to law articles I read, that's enough when the wording is "unlawful means"
Um... no, this is the upchage, which in NY is the felony.The misdemeanor is falsification of business records for which the statute of limitations expired long ago...
Holy moly,... so in the state of NY, mr Fauci, for example, using the FBI to remove negative press is a felony... ye haw... Let the games begin.
It became a felony (falsifying business records in the 1st degree) because of the 2nd crime. The wording of the campaign promotion conspiracy law says that it is, by itself, a misdemeanor. It took me a bit of reading to get it too, I guess Bragg could not have committed a felony by his own reasoning in the same way because he did not falsify business records, as far as we know.