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How does Alvin Bragg get past the statute of limitations?

Posted on 3/22/23 at 3:22 pm
Posted by GumboPot
Member since Mar 2009
118631 posts
Posted on 3/22/23 at 3:22 pm
Even if there is a legal issue with Michael Cohen taking out a HELOC loan to pay Stormy hush money unbeknownst to Trump at the time and this is somehow broke campaign finance law (it did not), the statute of limitations has run its course. A judge would be forced to dismiss the case from the get go.

How does Alvin Bragg get past this hurdle?
Posted by Beardlington
Member since Dec 2022
859 posts
Posted on 3/22/23 at 3:23 pm to
because its Trump, the rules don't apply
Posted by keakar
Member since Jan 2017
29866 posts
Posted on 3/22/23 at 3:27 pm to
quote:

How does Alvin Bragg get past the statute of limitations?


if he can cement a link to the federal elections crime then there is no limitations to bother with

the only issue with that is, what Alvin Bragg thinks doesnt matter, he must get trump, on record, admitting he only did it intending to commit a federal elections crime and it wasnt just about making a money grabbing whore telling lies just go away
This post was edited on 3/22/23 at 3:47 pm
Posted by Topisawtiger
Mississippi
Member since Oct 2012
3487 posts
Posted on 3/22/23 at 3:48 pm to
He is trying to turn it into a felony somehow. SOL is much longer then.
Posted by Bass Tiger
Member since Oct 2014
45973 posts
Posted on 3/22/23 at 3:51 pm to
wrong question. How is it possible a hack like Bragg passed the NY bar or if he was a diversity pass through why hasn't he been disbarred yet?

I guess I answered my own questions with the questions......DIEversity.
Posted by KiwiHead
Auckland, NZ
Member since Jul 2014
27338 posts
Posted on 3/22/23 at 3:52 pm to
But even with that, the SOL would be inside of the two minute warning. I think it is 5 years and they are using the date of the last payment.
Posted by moneyg
Member since Jun 2006
56350 posts
Posted on 3/22/23 at 3:53 pm to
quote:

if he can cement a link to the federal elections crime then there is no limitations to bother with



I thought there was still a 5 year SOL
Posted by LSUconvert
Hattiesburg, MS
Member since Aug 2007
6229 posts
Posted on 3/22/23 at 3:58 pm to
quote:

he must get trump, on record, admitting he only did it intending to commit a federal elections crime


Why must he do this? You know there are other ways of proving intent without a confession, right?
Posted by LSUPilot07
Member since Feb 2022
5566 posts
Posted on 3/22/23 at 4:02 pm to
Democrats get to make the rules up as they go. Rules for thee, not for me.
Posted by Mid Iowa Tiger
Undisclosed Secure Location
Member since Feb 2008
18577 posts
Posted on 3/22/23 at 4:03 pm to
A couple different avenues:

1) OMB (let's not forget to get him the rules do not apply)

2) Somehow elevating this to a federal crime extends to statute of limitations to just about now.
Posted by KAGTASTIC
Member since Feb 2022
7989 posts
Posted on 3/22/23 at 4:08 pm to
The felony pretzel twisting
+
The same Judge that oversaw the Trump Org trial, the trail of his CFO, and the one overseeing the Bannon case
=
Democrats are vile human scum Pinkos
Posted by Lsuhoohoo
Member since Sep 2007
94343 posts
Posted on 3/22/23 at 4:09 pm to
LINK


Read this thread.

Or TLDR version...

They would be charging him with a falsification of business records which is ordinarily a misdemeanor crime with a 2 year statute of limitations. However, a falsification of business records can be upgraded to a felony charge if the falsification of business records was done to cover up a crime. That carries a statute of limitations of 5 years.

The allegation would be that Cohen was convicted of a crime in the campaign finance violations, thus the falsification of the business records was covering up the campaign finance violations. The accounting likely carried into 2018 tax season for the prior year so they're up against the end of the SoL which is why they're moving on it
Posted by KAGTASTIC
Member since Feb 2022
7989 posts
Posted on 3/22/23 at 4:10 pm to
quote:

if he can cement a link to the federal elections crime then there is no limitations to bother with

the only issue with that is, what Alvin Bragg thinks doesnt matter, he must get trump, on record, admitting he only did it intending to commit a federal elections crime and it wasnt just about making a money grabbing whore telling lies just go away

Random question...what gives Bragg the ability to charge him on federal election charges?
Posted by AUHighPlainsDrifter
South Carolina
Member since Sep 2017
3075 posts
Posted on 3/22/23 at 4:15 pm to
quote:

what gives Bragg the ability to charge him on federal election charges?


Nothing
Posted by bizeagle
Member since May 2020
1161 posts
Posted on 3/22/23 at 4:22 pm to
quote:

Random question...what gives Bragg the ability to charge him on federal election charges?

not random, but obvious. I guess he made a campaign promise and he hasn't found a legitimate way to keep it, so he can say, "I am the only DA who ever indicted Trump"
Posted by Bayou Brat
Member since Jul 2021
1023 posts
Posted on 3/22/23 at 4:28 pm to
I wonder if Bragg will appear for questioning tomorrow.

Posted by Red Stick Rambler
Member since Jun 2011
1072 posts
Posted on 3/22/23 at 4:30 pm to
quote:

if he can cement a link to the federal elections crime then there is no limitations to bother with


How can a STATE DA make a charge for violation of a FEDERAL law?
Posted by Indefatigable
Member since Jan 2019
26025 posts
Posted on 3/22/23 at 4:32 pm to
quote:

How does Alvin Bragg get past the statute of limitations?

By arguing that Trump's time residing in DC and Florida tolled/paused the running of the limitation period. They would argue that the clock was only running during the time period(s) where Trump was in NY state.
This post was edited on 3/22/23 at 4:34 pm
Posted by keakar
Member since Jan 2017
29866 posts
Posted on 3/22/23 at 4:32 pm to
quote:

I thought there was still a 5 year SOL


not if the state crime was in furtherance of a federal crime, in that case the federal crime makes the state SOL no longer apply since it was part of a federal crime
Posted by Indefatigable
Member since Jan 2019
26025 posts
Posted on 3/22/23 at 4:34 pm to
quote:

what gives Bragg the ability to charge him on federal election charges?


Nothing, and Bragg/Manhattan DA will not be bringing any federal charges, if they bring charges at all.
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