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

Discussion in 'Current Events' started by Andrew Jackson, Mar 22, 2023.

  1. Wild Bill Kelsoe

    Wild Bill Kelsoe Well-Known Member

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    Oh, it's a tax thing, now?...lol
     
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  2. Turtledude

    Turtledude Well-Known Member Donor

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    it is expensive to shoot mopes. and why would you want me to deprive your party of voters?
     
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  3. Turtledude

    Turtledude Well-Known Member Donor

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    us who don't need a nanny state government to take care of us are not the ones who are afraid. Those who soil themselves over Trump-well that's a different matter
     
  4. Turtledude

    Turtledude Well-Known Member Donor

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    Well I guess Trump's actions were almost like Clinton's

    Close-BUT NO CIGAR!
     
  5. The Mello Guy

    The Mello Guy Well-Known Member

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    Could have read the op and saved yourself some time and embarrassment
     
  6. Wild Bill Kelsoe

    Wild Bill Kelsoe Well-Known Member

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    I did and didn't see anything about tax evasion/tax fraud/illegal deductions.
     
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  7. Alwayssa

    Alwayssa Well-Known Member

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    yes it is. It is neither ordinary nor necessary. Per 26 USC 162(c)(1), it states, "
    (c)Illegal bribes, kickbacks, and other payments
    (1)Illegal payments to government officials or employees
    No deduction shall be allowed under subsection (a) for any payment made, directly or indirectly, to an official or employee of any government, or of any agency or instrumentality of any government, if the payment constitutes an illegal bribe or kickback or, if the payment is to an official or employee of a foreign government, the payment is unlawful under the Foreign Corrupt Practices Act of 1977. The burden of proof in respect of the issue, for the purposes of this paragraph, as to whether a payment constitutes an illegal bribe or kickback (or is unlawful under the Foreign Corrupt Practices Act of 1977) shall be upon the Secretary to the same extent as he bears the burden of proof under section 7454 (concerning the burden of proof when the issue relates to fraud)."

    and c2 of the code states, "
    (2)Other illegal payments
    No deduction shall be allowed under subsection (a) for any payment (other than a payment described in paragraph (1)) made, directly or indirectly, to any person, if the payment constitutes an illegal bribe, illegal kickback, or other illegal payment under any law of the United States, or under any law of a State (but only if such State law is generally enforced), which subjects the payor to a criminal penalty or the loss of license or privilege to engage in a trade or business. For purposes of this paragraph, a kickback includes a payment in consideration of the referral of a client, patient, or customer. The burden of proof in respect of the issue, for purposes of this paragraph, as to whether a payment constitutes an illegal bribe, illegal kickback, or other illegal payment shall be upon the Secretary to the same extent as he bears the burden of proof under section 7454 (concerning the burden of proof when the issue relates to fraud)."

    Depending on how much will depend if other violations within the tax code may apply. But that is the gist of it.
     
  8. Turtledude

    Turtledude Well-Known Member Donor

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    well many of them think constitutional rights are changeable by referendum so it is only expected they are as confused about innocence and guilt
     
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  9. Wild Bill Kelsoe

    Wild Bill Kelsoe Well-Known Member

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    It isn't mentioned in the OP.
     
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  10. The Mello Guy

    The Mello Guy Well-Known Member

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    Falsified business records
     
  11. Egoboy

    Egoboy Well-Known Member Donor

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    Correct... also not decided on Lie Social or by (not) appearing in front of ridiculous GQP House Committees...

    There are processes in place... Feel free to attempt to use them...

    Until then, he's good to go....
     
    Last edited: Mar 22, 2023
  12. Wild Bill Kelsoe

    Wild Bill Kelsoe Well-Known Member

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    No, you're wrong. While his guilt, or innocence are decided on Truth Social, or in a congressional hearing, his wrong doing can be exposed in those two venues. Then, the mechanism in place to deal with that wrong doing can be dealt with.

    PO nt being, getting reelected doesn't mean he didn't break the law.
     
  13. Wild Bill Kelsoe

    Wild Bill Kelsoe Well-Known Member

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    Two different things.
     
  14. Andrew Jackson

    Andrew Jackson Well-Known Member

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    Has anyone even considered the possibility that Trump WON'T be indicted in New York?
    Strictly Playing Devil's Advocate...
    But, just throwing it out there:
    No one wants to be the first one to actually commit to the indictment of a former President.
    Everyone wants the publicity, but (in some cases) not enough to actually go out on the proverbial limb.
    Then again:
    The Feds, NY, and GA could still all bring charges....
    A very fluid situation..
    Lots of moving parts...Etc...
     
    Last edited: Mar 22, 2023
  15. Nwolfe35

    Nwolfe35 Well-Known Member

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    Your post still comes down to the DA is charging Trump for reasons other than Trump did something wrong.
     
  16. Nwolfe35

    Nwolfe35 Well-Known Member

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    Cohen paid Daniels 130,000 to keep quiet about her encounter with Trump. That was an illegal campaign contribution. That is why Cohen served time in prison.
    Trump then repaid Cohen and disguised that payment as a "retainer" to Cohen. That might be a violation of NY PL 175.05
     
  17. truth and justice

    truth and justice Well-Known Member

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    Except
    "Overall index crime in New York City decreased for the second straight month in December 2022, declining by 11.6% compared with December 2021 (10,164 v. 11,496). Five of the seven major index-crime categories saw decreases, driven by a 26.1% decrease in murder (34 v. 46), a 25.9% decrease in grand larceny "

    LOL at people who liked your post!
     
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  18. Turtledude

    Turtledude Well-Known Member Donor

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    is that based on official police reports or arrests? and how has the overall rate been compared to say 5 years ago? we can play the same game with gun violence nationally: gun banners howl that during the covid aberration, gun violence increased, which is true but overall, from 1992-2022 it has gone down significantly.
     
  19. 9royhobbs

    9royhobbs Well-Known Member

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    I have no idea. You totally believe he is. Why? Do they dine together? Does Soros pay him personally?
     
  20. Overitall

    Overitall Well-Known Member Past Donor

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    Personally? No, but indirectly Soros supported Bragg.

    https://www.dailymail.co.uk/news/ar...d-NYCs-woke-DA-Alvin-Bragg-tune-1million.html
     
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  21. 9royhobbs

    9royhobbs Well-Known Member

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    What is your point here? It's all a game? A numbers game? If that's the case......what's your point? Is NYC a "hellhole" or not?
     
  22. 9royhobbs

    9royhobbs Well-Known Member

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  23. Overitall

    Overitall Well-Known Member Past Donor

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    You didn't seem to know that Soros supported Bragg, financially. I put that unawareness to bed for you. No one claimed it was illegal, so pointing to that is a straw man defletion. I cited how much, so either you aren't paying attention or the question is pointless. It's well known fact that large donations are made to influence policy. You honestly believe Soros is not interested in Bragg's policies?
     
  24. Alwayssa

    Alwayssa Well-Known Member

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    True, but it is a factor in the charges that the OP mentioned though. This is a state criminal trial, not an administrative or civil trial. Any type of federal criminal tax fraud case would be within the purview of the DOJ and IRS.
     
  25. Alwayssa

    Alwayssa Well-Known Member

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    You need to think what "falsified business records" actually mean and how it is done. One step is to try to claim illegal tax deductions as legitimate tax deductions, create documets to make it so, and so forth. If the true intent is why he claimed the deduction. It is far different if he paid her, hid it from his wife, but never claimed the deduction to begin with. If that was done, then there is a greater chance Melania would have found out, AND this would have been just a tax issue, no more and no less. there is a substance over form doctrine that applies within both state and federal law.

    https://www.pillsburylaw.com/images/content/1/0/109676.pdf
     

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