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A brief run down on what they're trying to charge Trump with
Posted on 3/18/23 at 11:43 am
Posted on 3/18/23 at 11:43 am
I've had questions and I've seen questions on what they're even trying to charge him with and why the Stormy Daniels angle has resurfaced so here's the run down I've gathered for anybody wanting to piece it together...
Michael Cohen arranged the NDA and payment to Stormy Daniels through a shell corporation he set up. Trump reimbursed Cohen for the payments which the Trump Organization documented as "legal services". Cohen was paid a bonus and the total amount of the reimbursement was "grossed up" to make his reimbursement whole after taxes. Cohen was charged with violating federal campaign finance laws in relation to the payments as it was considered to be an illegal and unreported contribution to Trump's 2016 presidential campaign.
The path they're taking is that the documentation of the payments was a falsification of business records as the reimbursement to Cohen wasn't a "legal service" to the Trump Organization but a contribution to Donald Trump’s campaign and/or personal expense of Donald Trump.
The falsification of business records is a misdemeanor in New York with a statute of limitation of 2 years. However, falsification of business records with the intent to cover up a crime can be charged as a felony in New York. In this case, the underlying crime would have been Cohen's campaign finance violation as he's plead guilty to it. So the felony charge would be a falsification of business records to cover up a federal campaign finance violation.
The statue of limitations there is 5 years. Trump's final reimbursement to Cohen came in December of 2017 but accounting for the payments may have carried into 2018 which would still put us barely into the SoL window which is why they're moving on it now.
Bragg would need to verifibly document records on the payments into 2018 and if he's successful there, he'll need to prove that Trump acted with INTENT to cover up the commission of campaign finance violations which will be difficult to say the least as Trumps likely defense will be his intent was to prevent personal and reputational damage.
Michael Cohen arranged the NDA and payment to Stormy Daniels through a shell corporation he set up. Trump reimbursed Cohen for the payments which the Trump Organization documented as "legal services". Cohen was paid a bonus and the total amount of the reimbursement was "grossed up" to make his reimbursement whole after taxes. Cohen was charged with violating federal campaign finance laws in relation to the payments as it was considered to be an illegal and unreported contribution to Trump's 2016 presidential campaign.
The path they're taking is that the documentation of the payments was a falsification of business records as the reimbursement to Cohen wasn't a "legal service" to the Trump Organization but a contribution to Donald Trump’s campaign and/or personal expense of Donald Trump.
The falsification of business records is a misdemeanor in New York with a statute of limitation of 2 years. However, falsification of business records with the intent to cover up a crime can be charged as a felony in New York. In this case, the underlying crime would have been Cohen's campaign finance violation as he's plead guilty to it. So the felony charge would be a falsification of business records to cover up a federal campaign finance violation.
The statue of limitations there is 5 years. Trump's final reimbursement to Cohen came in December of 2017 but accounting for the payments may have carried into 2018 which would still put us barely into the SoL window which is why they're moving on it now.
Bragg would need to verifibly document records on the payments into 2018 and if he's successful there, he'll need to prove that Trump acted with INTENT to cover up the commission of campaign finance violations which will be difficult to say the least as Trumps likely defense will be his intent was to prevent personal and reputational damage.
14
Posted on 3/18/23 at 11:46 am to Lsuhoohoo
Thank you. This is a very good rundown. Appreciate it.
Posted on 3/18/23 at 11:47 am to Lsuhoohoo
After years of scrutiny… this is all they could come up with? Trump may be the cleanest presidential candidate in modern history.
Posted on 3/18/23 at 11:49 am to Lsuhoohoo
So….an individual used a law firm to do their dirty work? In the really off chance that These charges actually have teeth (which they do not), I guess the next logical step would be to jail/execute the clinton’s?
Posted on 3/18/23 at 12:03 pm to Screaming Viking
quote:
So….an individual used a law firm to do their dirty work?
Well thats not even the legal angle they're taking here. The whole flimsy desperate summation of their case is "Michael Cohen committed a campaign finance violation and Trump acted to cover it up therfore the business record are a felony."
Federal prosecutors charged Cohen with the campaign finance violation and declined to pursue a case against a Trump cover up. Alvin Bragg is trying to elevate a misdemeanor to a felony on the basis of the cover up of a federal crime, which of course would be a federal crime and of itself. Bragg would be Contending that the uncharged federal crime of a cover up is the basis for felonious falsification of business records.
This post was edited on 3/18/23 at 12:07 pm
Posted on 3/18/23 at 12:05 pm to Taxing Authority
quote:
After years of scrutiny… this is all they could come up with? Trump may be the cleanest presidential candidate in modern history.
Letitia James has put all of her eggs in the "get Trump" basket and NYers don't care if it helps them at all.
Posted on 3/18/23 at 12:06 pm to Screaming Viking
So, there’s no true INTENT, as there’s a plausible reason for this on the personal level. Funny how Dems get a pass on the intent side…. Weird that justice is always in one direction, just weird….
This post was edited on 3/18/23 at 12:28 pm
Posted on 3/18/23 at 12:15 pm to Lsuhoohoo
now it all makes sense - at least to my satisfaction -
Posted on 3/18/23 at 12:18 pm to Lsuhoohoo
This is what Putin would do to his political opponent.
Posted on 3/18/23 at 12:18 pm to Lsuhoohoo
Can we all agree this is another legal “Hail Mary” attempt to get Trump?
Posted on 3/18/23 at 12:26 pm to Lsuhoohoo
All of the investigations and all of the outright crooked shite pulled by politicians and THIS is all they can come up with?
Posted on 3/18/23 at 12:38 pm to Lsuhoohoo
So… their argument is the Nixon “it’s the coverup not the crime”?
I don’t see this working out for them. ESPECIALLY since various people like Hillary and Biden had investigations and/or charges quashed for bullshite reasons.
I don’t see this working out for them. ESPECIALLY since various people like Hillary and Biden had investigations and/or charges quashed for bullshite reasons.
Posted on 3/18/23 at 12:39 pm to mikeytig
A bunch of atheists / Satanists repeatedly crying Hail Mary is funny on a few levels.
Posted on 3/18/23 at 12:44 pm to Lsuhoohoo
The thing i find most interesting about the whole thing is how he’s not some universally hated candidate. Let’s say you take the 2020 election as completely fair, it was a pretty razor thin victory by BIden. By that rationale, you have a country where almost half the country was supporting the guy.
Now a faltering Biden admin is pushing all those middle-ground votes away. Independents in this country are far more to support the candidate who gives us the best economy. And Kevin McCarthy has already announced committees to investigate this politically motivated DOJ and federal entities with prosecutorial power.
I want to see what happens, but I can’t for the life of me see how this is a good idea for them. I’d equally be against putting Biden in handcuffs because he too is (was) even presumably near that 50/50 mark.
Will be interesting to watch.
Now a faltering Biden admin is pushing all those middle-ground votes away. Independents in this country are far more to support the candidate who gives us the best economy. And Kevin McCarthy has already announced committees to investigate this politically motivated DOJ and federal entities with prosecutorial power.
I want to see what happens, but I can’t for the life of me see how this is a good idea for them. I’d equally be against putting Biden in handcuffs because he too is (was) even presumably near that 50/50 mark.
Will be interesting to watch.
Posted on 3/18/23 at 12:45 pm to Lsuhoohoo
So paying a libelous woman to go away is election interference but gaslighting and silencing your political opposition through the coercion of social media companies by the three letter agencies is totally kosher?
Really Dems? We are going there?
Really Dems? We are going there?
Posted on 3/18/23 at 12:46 pm to Giantkiller
Biden going away is nowhere near a 50-50 political split. His own side fricking hates him but they don’t want Kamala nor do they really have a replacement for the two of them. He’s a placeholder for the people pulling the strings.
Posted on 3/18/23 at 12:57 pm to Lsuhoohoo
Thanks. The only other thing I have heard was Stormi said she never had an affair with Trump. The sleaze lawyer used her as a payday to just make it go away. As many would before a campaign, they all do it.
The Clinton's had a man say he was their clean-up man.
So sleaze lawyer tells Trump (right before he is running for the first time as President)
Hey, Stormi says you maybe raped her-had an affair. Trump really didn't as he said she has a horse face and hadn't gotten the fake boobs yet.
But lawyer says $150K will make her STFU. This is like $100 to Trump so he says okay. Lawyer takes all the money and Stormi gets pissed off.
But none of it matters as the statute of limitations is up.
If there is some big court scene and the crooked a-hole ignoring the real crimes in NYCity is hauled away. They are all arrested including Biden. I will bow to some Q person
and then I woke-up.
The Clinton's had a man say he was their clean-up man.
So sleaze lawyer tells Trump (right before he is running for the first time as President)
Hey, Stormi says you maybe raped her-had an affair. Trump really didn't as he said she has a horse face and hadn't gotten the fake boobs yet.
But lawyer says $150K will make her STFU. This is like $100 to Trump so he says okay. Lawyer takes all the money and Stormi gets pissed off.
But none of it matters as the statute of limitations is up.
If there is some big court scene and the crooked a-hole ignoring the real crimes in NYCity is hauled away. They are all arrested including Biden. I will bow to some Q person
and then I woke-up.
Posted on 3/18/23 at 1:55 pm to Lsuhoohoo
If that is really what they have they have nothing.
How Michael Cohen represented his receipt of payments from the Trump organization is not under the control of the Trump organization.
Cohen did in fact provide legal services to Trump (drafting and executing the NDA and getting it counter signed as well as the negotiations).
If this is it, Trumo will come out of this stronger than they hope. Make it all public.
How Michael Cohen represented his receipt of payments from the Trump organization is not under the control of the Trump organization.
Cohen did in fact provide legal services to Trump (drafting and executing the NDA and getting it counter signed as well as the negotiations).
If this is it, Trumo will come out of this stronger than they hope. Make it all public.
Posted on 3/18/23 at 3:30 pm to Lsuhoohoo
If Cohen was Trump's attorney ( which he was) then what you have is a DA saying that an attorney cannot act on behalf of his client if said client is a political candidate without it being considered a campaign contribution.
Would not this be the purview of the Feds? The falsification of business records seems like a ridiculous stretch for a DA....or for an aUSA
Would not this be the purview of the Feds? The falsification of business records seems like a ridiculous stretch for a DA....or for an aUSA
Posted on 3/18/23 at 3:37 pm to Lsuhoohoo
Who is controlling the jury pool?
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