Charges Against Trump

Discussion in 'Political Opinions & Beliefs' started by Just A Man, Apr 5, 2023.

  1. Just A Man

    Just A Man Well-Known Member

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    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
     
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  2. fullmetaljack

    fullmetaljack Well-Known Member

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    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.
     
  3. popscott

    popscott Well-Known Member Donor

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    What is the "committing another crime or concealing another crime."?
     
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  4. Golem

    Golem Well-Known Member Donor

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    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?
     
    Last edited: Apr 5, 2023
  5. LiveUninhibited

    LiveUninhibited Well-Known Member

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    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)
     
    Last edited: Apr 5, 2023
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  6. drluggit

    drluggit Well-Known Member

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    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...
     
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  7. drluggit

    drluggit Well-Known Member

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    So you mean, Bragg, specifically is in violation of this rule.. Good catch...
     
  8. LiveUninhibited

    LiveUninhibited Well-Known Member

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    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.
     
    Last edited: Apr 5, 2023
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  9. Lee Atwater

    Lee Atwater Well-Known Member Past Donor

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    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.
     
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  10. LiveUninhibited

    LiveUninhibited Well-Known Member

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    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.
     
    Last edited: Apr 5, 2023
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  11. Condor060

    Condor060 Banned Donor

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    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


    upload_2023-3-22_17-32-25.png
     
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  12. Condor060

    Condor060 Banned Donor

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    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.
     
  13. LiveUninhibited

    LiveUninhibited Well-Known Member

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    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.
     
    Last edited: Apr 5, 2023
  14. drluggit

    drluggit Well-Known Member

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    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.
     
  15. drluggit

    drluggit Well-Known Member

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    So, a good jury can be found in NY? Is that you premise then?
     
  16. popscott

    popscott Well-Known Member Donor

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    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?
     
  17. CornPop

    CornPop Well-Known Member

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    He isn't charged with conspiracy, nor is he accused of it.
     
    Last edited: Apr 5, 2023
  18. drluggit

    drluggit Well-Known Member

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    Because, facts, you know.... LOL this is why Bragg's case is so fragile.
     
  19. LiveUninhibited

    LiveUninhibited Well-Known Member

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    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.
     
  20. drluggit

    drluggit Well-Known Member

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    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..
     
  21. LiveUninhibited

    LiveUninhibited Well-Known Member

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    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"
     
    Last edited: Apr 5, 2023
  22. drluggit

    drluggit Well-Known Member

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    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...
     
  23. drluggit

    drluggit Well-Known Member

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    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.
     
  24. LiveUninhibited

    LiveUninhibited Well-Known Member

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    They could easily claim to be doing their jobs and applying the law to him like anybody else.
     
  25. LiveUninhibited

    LiveUninhibited Well-Known Member

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    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.
     
    Last edited: Apr 5, 2023

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