The States and their jurisdiction to enact and enforce.

Discussion in 'Political Opinions & Beliefs' started by Trixare4kids, Apr 3, 2023.

  1. Trixare4kids

    Trixare4kids Well-Known Member

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    Can someone explain how New York has the authority to prosecute campaign finance laws for federal elections in light of the first sentence, bolded, below? Isn't prosecution for campaign violations at the federal level, the job of the FEC, who has exclusive jurisdiction over the civil enforcement of the federal campaign finance law?


    According to my source linked below,
    "States have jurisdiction to enact and enforce their own campaign finance laws for STATE and LOCAL elections".


    "The procedures that regulate the enforcement of state laws governing campaign finance vary among the states. Campaign finance violations may be a civil matter only, or a civil and criminal matter. Therefore, the reporting and enforcement entities that handle campaign finance violations and penalties vary in their power and authority. This research aims to provide an overview of the issue and address which entities have enforcement power."

    Campaign Finance Enforcement (ncsl.org)
     
    Last edited: Apr 3, 2023
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  2. yardmeat

    yardmeat Well-Known Member

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    Not how it works. Tomorrow's indictment will involve state crimes.
     
  3. Trixare4kids

    Trixare4kids Well-Known Member

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    Since you apparently have first hand knowledge, what state crimes are those?
     
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  4. Trixare4kids

    Trixare4kids Well-Known Member

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    Please note all.

    The premise of my thread, and the questions are clear as they relate to campaign violations. I'm just wondering why Trump wasn't prosecuted for Campaign finance law violations in a federal court. The trumped up charges in NY are obviously related to a federal election.
     
    Last edited: Apr 3, 2023
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  5. yardmeat

    yardmeat Well-Known Member

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    None of the charges will be federal charges. They will be state charges. There may be some situations were state charges have been escalated from misdemeanors to felonies if those misdemeanors were in pursuit of federal crimes. There appears to be precedence for this based on what Vance has said, and feds have already convicted for related crimes. Regardless, the charges on the indictment for tomorrow will be state charges. No one with two brain cells to rub together thinks otherwise.
     
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  6. lemmiwinx

    lemmiwinx Well-Known Member Past Donor

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    Good thing we have NY state DAs like Bragg keeping NYC streets free from repeat offender felons like Trump.
     
    Last edited: Apr 3, 2023
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  7. yardmeat

    yardmeat Well-Known Member

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    The excuses get more pathetic by the hour.
     
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  8. Overitall

    Overitall Well-Known Member Past Donor

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    This is definitely new territory and one I certainly don't believe is winnable for Bragg. But then, considering where the trial and who the judge will be, there's a good chance he will. I would file a motion to dismiss and appeal the judge's rejection all the way up. Statue of limitations is foundational to our rights as citizens.
     
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  9. Trixare4kids

    Trixare4kids Well-Known Member

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    Indeed, Overitall. I am speculating, and don't pretend to know what the thirty something counts will be as they have yet to be revealed.

    There's a statute of limitations going on for sure, and then there's the motivation for said misdemeanor(s) to be stretched into much more, a felony charge.

    Seems to be a gross overreach on Bragg's part, and the primary reason so many think this is all a political indictment.
     
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  10. JohnHamilton

    JohnHamilton Well-Known Member

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    Are you trying to be a stand up comedian? Bragg reduces more than 50% of the felony arrests to misdemeanors.

    Don’t try to defend Bragg’s record on prosecutions. You will be very embarrassed.
     
    Last edited: Apr 3, 2023
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  11. Condor060

    Condor060 Banned Donor

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    Pretty sure he was being sarcastic
    AKA Repeat Felony offenders like Trump
     
    Last edited: Apr 4, 2023
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  12. RodB

    RodB Well-Known Member Donor

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    You are exactly correct, but Trump is not charged with federal election violations. They scraped further down into the bowels of the dumpster and came up with an obscure normally misdemeanor past its statute of limitations state law on making false business reports, gussied it up, piled on a bunch or related charges, and viola!
     
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  13. WalterSobchak

    WalterSobchak Well-Known Member

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    So you have read all 34 indictments? Care to link them?
     
  14. RodB

    RodB Well-Known Member Donor

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    Nobody outside the grand jury, the DA's office, and the court has read all 34 indictments. But the progenitor indictment has be half-way leaked and insinuated often by the DA.
     
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  15. WalterSobchak

    WalterSobchak Well-Known Member

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    So you have no idea what the indictments are but still feel the need to defend your boy. LOL
     
  16. Trixare4kids

    Trixare4kids Well-Known Member

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    No different than what some anti-Trumps have done. Convicted Trump without the benefit of having seen the indictments. Different rules for them?

    Basing my opinon on @lemiwinx's past posts, I'm pretty sure he was being sarcastic. ;)
     
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  17. Trixare4kids

    Trixare4kids Well-Known Member

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    I know we only have a few hours more before we know, but Fox is saying he will be charged with 34 Felony charges. How is this even possible?
     
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  18. RodB

    RodB Well-Known Member Donor

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    It is a common prosecutor's practice. If you have a weak case throw in a dozen other near look alike indictments -- you know like he told an untruth here on his paperwork, and over here he misspelled workhouse, and over there he said creditor when it was clearly a debtor -- and the chances of one getting past a judge or jury is pretty good. Jurors would have a revulsion to denying every single indictment...... because the prosecutor worked so hard.
     
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  19. Trixare4kids

    Trixare4kids Well-Known Member

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    As I said in the O/P, Melvin Bragg is trying to prosecute a federal crime. Impossible to do according to NY statute. Note, he did not mention the reason why Trump was charged 34 times, only that he tried to cover up another CRIME, (that crime he alleges had to do with the 2016 FEDERAL ELECTION.) I don't think his case has a leg to stand on.
     
    Last edited: Apr 4, 2023
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  20. Trixare4kids

    Trixare4kids Well-Known Member

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  21. RodB

    RodB Well-Known Member Donor

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    Near unanimous legal scholars agree he has no case. But the reality is Bragg played a shell game and did not indict for violating federal election laws. He prosecuted a NY law that says it is illegal in the state to file false legal papers of any sort -- even federal derived papers. Then he did a slight of hand to get around the statute of limitations and a little alchemy to turn a misdemeanor into a felony.
     
    Last edited: Apr 5, 2023
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  22. Trixare4kids

    Trixare4kids Well-Known Member

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    If I were Alvin Bragg, I'd be hiding my face this morning. :hiding:
     
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  23. RodB

    RodB Well-Known Member Donor

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    Well, you are not, and he won't.
     
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  24. Overitall

    Overitall Well-Known Member Past Donor

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    Nah, he has the full support of his constituents. They elected him to "get" Trump.
     
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  25. Alwayssa

    Alwayssa Well-Known Member

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    It is called Federalism. There are state campaign finance laws and there are federal campaign finance laws. However, Trump is not being charged with any campaign finance law violations. It is being used to justify the felony charges of 175.10.

    Let's take kidnapping. The federal government has laws against kidnapping, so do states. If the perpetrators cross state lines, then the primary jurisdiction is federal, not state. The state may assist or investigate the kidnapping that occurred in their state boundaries, but the prosecution will be primarily federal and the state could go after the defendant as well as in state court. We saw this in the El Paso Shooter which he is being charged in both federal and state.
     
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