Unit2Sucks said:
tequila4kapp said:
If you bring charges against a President or former President you really need to have the goods. No overreaches.
Let's break it down:
Trump made 3 hush payments. This is not illegal, in and of itself.
Falsifying business documentation related to the payments could be illegal.
1. This crime has a specific intent requirement (to defraud, IIRC).
2. Statute of limitations is 2 years. The alleged events are 7 (?) years old.
To get around the statute of limitations problem the DA has to prove the underlying documentation issues were done in furtherance of a 2nd crime. This upgrades the misdemeanor to a NY state felony which has a longer statute of limitation. The DA spoke to - but did not include in the charging documents - three "other" crimes:
1. Payments were hidden in violation of NY state election laws.
PROBLEM: a) Trump was a federal candidate. Federal election laws clearly preempt state election laws. b) the DA has to prove Trump knew it was a crime to hide the payments (doubtful) and had the necessary criminal intent required under the statute (possible but not easy)
2. Federal election laws.
PROBLEM: the feds looked into these very facts and did not charge him criminally (DOJ) or civilly (FEC)
3. Tax evasion.
PROBLEM: Trump reportedly didn't take a deduction for the payments so a tax violation isn't obvious.
General problems: Cohen and Daniels are horrific witnesses.
Maybe there are creative legal arguments the DA can make to proceed on the state and fed election law stuff. Maybe there's more juice to the tax stuff. But generally this is stupidly weak…weak enough that Trump haters everywhere should be disappointed or upset this is what was charged.
There are a lot of unverified assumptions baked in here. The DOJ passed on prosecution at the request of Bill Barr and the DOJ asked Cy Vance to stand down so the DOJ could handle it. I would say that when the attorney general corruptly prevents prosecution of his boss (and asks the local prosecutor to stand down), that shouldn't be used to support an assertion that no crime has been committed.
You're also assuming that the evidence is limited to the words of Cohen and Daniels. Also, hard to ignore that Cohen wasn't just a random criminal who had evidence here - he was Trump's right hand man for over a decade and he went to jail because he helped Trump with the crime that Trump is defending.
The statement of facts is pretty detailed and shows indefensible conduct by Trump. I'm pretty tired of people complaining about someone being charged with obvious crimes based on some standard that the crimes aren't serious enough or that the criminal was able to avoid prosecution for a few years in part due to corruption and in part due to dumb luck (that he happened to win election).
I love that all of the Trump defenders have made these strong claims that Trump was only orchestrating this scheme to pay off his mistress for personal reasons and that it had nothing to do with the election. There is literally no basis for that, other than those people having good will for Trump, but Bragg seems to have evidence to the contrary which, if provable, would show that Trump did in fact do these things in order to help with his campaign. And, for what it's worth, that's the most plausible reason and doesn't require the sort of leap of faith that you would need in order to believe he was trying to protect Melania.
Quote:
The Defendant directed Lawyer A to delay making a payment to Woman 2 as long as possible. He instructed Lawyer A that if they could delay the payment until after the election, they could avoid paying altogether, because at that point it would not matter if the story became public. As reflected in emails and text messages between and among Lawyer A, Lawyer B, and the AMI Editor-in-Chief, Lawyer A attempted to delay making payment as long as possible
If Trump is innocent, he'll beat the rap and Bragg will look bad. If Trump is guilty, he should be convicted.
Typical obfuscation on your part.
1. Biden's DOJ also passed on the election law case. The FEC passed on the case when Biden was president.
https://nypost.com/2021/05/07/trump-calls-stormy-daniels-claims-fake-news-as-fec-drops-case/Biden's DOJ certainly could have indicted Trump for the stormy payments - notably the special counsel was appointed but declined to pursue these claims as well.
In terms of your "asked to stand down" claim please provide me any authority for the proposition that a state DA like Bragg has any jurisdiction to investigate federal election law violations. I'll wait - and its going to be a long wait because there is none. Complete federal preemption of the federal election claims. The feds announced they weren't pursuing charges in 2021 - why did Bragg/Vance did not charge until today (hint: because they knew it was a loser case).
2. Even if clams made in the indictment statement of "facts" are "indefensible" that does not make them illegal. And of course that's the corrupt DA's point - slime Trump (which is not hard) and bring a bogus case in a venue where 90% of the voters hate Trump.
Not all bad conduct is illegal. You are conflating the two because you are as partisan as Bragg. If bad behavior were a chargeable crime, there are lots of dems who would be under indictment (starting with HRC and several members of the Biden family). But that is banana republic/authoritarian behavior that the US did not engage in until today.
3. Under applicable Federal election law and DOJ guidance, the standard is not whether the payments had "nothing to do" with the campaign. Even if there was a mixed motive (which is the likely explanation) and mixed consequence (helping him both personally and his campaign), it is not criminal. And to be clear, NY state election law is irrelevant - doesn't apply to Trumps federal election.
4. Funny you want to characterize Cohen as the key witness. The guy convicted of perjury and financial/tax fraud crimes unrelated to Trump. No competent/honest prosecutor would ever bring a case that significantly relied upon testimony from that guy. And before you claim "Cohen plead guilty to federal campaign violations", read this and respond to the authoritative analysis therein.
https://www.nationalreview.com/2023/04/no-cohens-guilty-plea-does-not-prove-trump-committed-campaign-finance-crimes/?utm_source=recirc-desktop&utm_medium=homepage&utm_campaign=right-rail&utm_content=featured-writers&utm_term=fourth 5. Nice strawman. No one is complaining "about someone being charged with
obvious crimes based on some standard that
the crimes aren't serious enough or that the criminal was able to avoid prosecution for a few years in part due to corruption and in part due to dumb luck"
The claim here is that there are no chargeable state crimes - certainly not a felony. To suggest the crimes are "obvious" is just laughable given all that has happened here - Fed declining case, Vance declining case, Bragg declining to prosecute then changing his mind when he's the subject of partisan political pressure.
And if the crimes were "obvious", Bragg would not be resorting to novel and bizarre legal theories that are universally criticized and mocked. Even viewed in the favor most favorable to Bragg, there is no world were these crimes are "obvious."