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re: Would someone please explain the crimes Trump committed?

Posted on 4/26/24 at 11:54 am to
Posted by CreoleTigerEsq
Noneya
Member since Nov 2007
680 posts
Posted on 4/26/24 at 11:54 am to
quote:

Reconcile trump telling cohen to do everything on the up and up and the FEC and DOJ declining to prosecute with the crimes alleges by the NY attorney.


The part of the statute that enhances the crime from a misdemeanor to a felony doesn't require the person who committed the initial crime to have committed the subsequent crime that enhances the crime from a misdemeanor to a felony. The prosecutor can also prove that the falsification of business records was done to aid or conceal the commission of another crime.

Note, the statute says nothing about there being a requirement that the person being charged with falsifying records has to have actually committed the subsequent crime (in this case the FEC violations, for which Cohen has already pled guilty and served time in prison).

The theory of the case is that business records were falsified, and that the underlying falsification of those business records was done with either an intent to (1) commit another crime or (2) aid or conceal the commission thereof. I'm thinking Bragg's theory is going to rely more on aiding or concealing the commission of Cohen's crimes.
This post was edited on 4/26/24 at 12:05 pm
Posted by BBONDS25
Member since Mar 2008
49051 posts
Posted on 4/26/24 at 12:01 pm to
quote:

The part of the statute that enhances the crime from a misdemeanor to a felony doesn't require the person who committed the initial crime to have committed the subsequent crime that enhances the crime from a misdemeanor to a felony.


So no mens rea required? You’re going to go with that? Really?
This post was edited on 4/26/24 at 12:02 pm
Posted by Turbeauxdog
Member since Aug 2004
23391 posts
Posted on 4/26/24 at 12:13 pm to
quote:

for which Cohen has already pled guilty and served time in prison


Do you think this adds credibility to that prosecution ? (It doesn't)
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