The Manhattan DA’s Charges and Trump’s Defenses: A Detailed Preview

Yep...the stereotype of internet heroes...

 

what were you trying to accomplish with the lisping? is there something you want to tell us?

 

Okay, I found the actual law for the second crime, and using that I found a good article on the legal thinking for the case, albeit overly comprehensive. Published weeks ago.

https://www.justsecurity.org/85581/the-manhattan-das-charges-and-trumps-defenses-a-detailed-preview/

"3. Conspiracy to promote or prevent an election

A more likely candidate for the crime that may convert the books and records charge to a felony is N.Y. Elec. Law § 17-152: Conspiracy to promote or prevent election. Under that statute, “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.”"

Yes it says misdemeanor but the felony of falsifying business records in the first degree just requires there to be some crime it is used for.

And as I thought, preemption by the 1971 law is usually narrowly applied to campaign finance, so is not clearly persuasive to dismiss the case.

 

Not a lisp, but a rhotacism...and I'm quite sure there's nothing I could tell you...

 

I am quite sure I understand the legal process far better than you do.

 

Don't pull a muscle reaching so far...lol

What illegal means?

 

Falsify the books etc concerning the payments over nine months to Cohen.

 

Ok. That's just a misdemeanor.

But, it still begs the question: how could Cohen be making a donation if he was getting reimbursed?

 

Yep...when done to cover a crime...it turns into felony. Read The Code 175.10.

Huh? Cohen was not making any donation. He paid hush money to three people, total...let's say $10.00. He bills Humpty for legal services rendered as per 'retainer.' (There never was a retained and there never were any legal services.) So.......as he is gonna have to pay tax on on payment of those bills, the payment has to cover the tax of the $10.00, so the amount in increased by $5.00 to $15.00 by way of deliberate plan (there is your 'conspiracy) arrived at between Humpty and Cohen. Add some sugar and spice (bonus) of $5.00 (all part of the plan) and the amount Cohen is to be paid totals $20.00. He drip feed bills over nine months totalling $20.00. Humpty pays by way of cheque the drip feed bills, one by one, totalling after about mine months. $20.00.

Naughty Humpty Trumpty and Cohen.

 

Ok. What crime was being covered up?

Cohen was convicted of making an illegal campaign contribution by paying $130,000 to Stephanie Clifford. So, how is that not a campaign contribution?

 

Falsifying business records. The article I linked helps

 

According to Laura Boebert and MTG it is. Ironic isn't it?

 

It's still a misdemeanor.

 

He's being charged with falsifying business records in the 1st degree, which is a felony. This felony relies upon it being used to commit another crime, which happens to be a misdemeanor in this case.

 

Ive not seen any allegation that Trump deducted the expense for tax purposes.

 

Soooo where is the tax fraud charges?

 

What misdemeanor is that?

 

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)

 

Huh? Trump tried to prevent his own election by reimbursing Cohan AFTER he was elected?

 

The tax fraud comes from the scheme to disguise the payments are payment "as per a retainer agreement" (when there was no such retainer agreement) so the lawyer could then classify the payments as "income" for tax purposes instead of a repayment.

 

No he was considering not having Cohen actually pay Daniels in full if he won the election. I guess the idea is that if he won the election, it no longer matters if the truth gets out. The relevance is mostly that he knew what was up and it wasn't related to protecting his marriage.

 

John Edwards, a democrat did the same thing in the 2008 election, paid off a lady to keep quiet about an affair. He was found not guilty because it was a personal expense, not a campaign expense, even though the money had come from a wealthy donor to his campaign.

 

Sooo that would result in Cohen paying more income tax than he was obligated by law to pay. Where's the fraud?

 

The fraud is disguising the payments as income instead of reimbursement to hide what the payments were for. Cohen was well paid to have those payments disguised.

 

Sooooo why isnt he charging Trump with such a violation? Why did he not even cite the above statute in the indictment?
I'd presume the other crime is a Federal crime since he isn't prosecuting the other crime in his NY state indictment.