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re: PT Atty's - deep dive into the "4 of you think it's A, 4 think it's B and 4 think it's C"

Posted on 5/31/24 at 10:53 am to
Posted by Willie Stroker
Member since Sep 2008
15659 posts
Posted on 5/31/24 at 10:53 am to
quote:


Great. Now do that with the laptop and Ashley's diary. Get pedo Joe along with the 50+ experts claiming Russia disinformation and claiming laptop was fake.

If I had the means to do it, I would.

frick Joe Biden.
Posted by Zachary
Member since Jan 2007
1832 posts
Posted on 5/31/24 at 10:59 am to
You answered your own question -- there is no prosecution without the alleged "other crime" to go with the alleged misdemeanor falsifying of business records. 175.10.
Posted by Willie Stroker
Member since Sep 2008
15659 posts
Posted on 5/31/24 at 11:12 am to
quote:

You answered your own question -- there is no prosecution without the alleged "other crime" to go with the alleged misdemeanor falsifying of business records. 175.10.

No.

Misdemeanors and felonies are both crimes.

In this case prosecutors were prosecting the crime of falsifying business records. That crime alone (34 counts) does not require another crime. But those crimes that are being prosecuted become felonies when committed to conceal another crime. It doesn't matter what those other crimes are, but we know that Michael Cohen pled guilty to a crime that involved creating a shell company in Manhattan to pay off Stormy D to keep her mouth shut to influence the election and Trump paid that money back to Cohen with ledger entries that falsified the true purpose.

The facts of the case also described how Trump colluded with the CEO of American Media Inc (parent company of National Inquirer) to suppress and pay off others who came forward. AMI would pay these people for the exclusive rights to the story, and then never publish it. The CEO was rewarded by Trump by being invited to the inauguration and a separate dinner at the White House. He then cooperated with the prosecution under promise of not being prosecuted.
This post was edited on 5/31/24 at 11:20 am
Posted by Zachary
Member since Jan 2007
1832 posts
Posted on 5/31/24 at 11:14 am to
The misdemeanors were time-barred by the statute of limitations.

The ONLY way the case had life was with the "other crime" to make them alleged felonies.
Posted by McChowder
Hammond
Member since Dec 2006
5724 posts
Posted on 5/31/24 at 11:16 am to
quote:

I'm still struggling to understand how the misdemeanors got turned into felonies.


They used the vagueness of a NY statute as the catalyst. Then they ignored the constitution at both the state and federal level.

Look, this sham trial wasn't meant to survive appeal. This is about influencing the election. No serious person believes this doesn't get overturned.....that's beside the point.

These are the new rules of the game and we have but two choices, accept defeat or start targeting Dem politicians for prosecution.
Posted by SuperOcean
Member since Jun 2022
4585 posts
Posted on 5/31/24 at 11:17 am to
quote:

And why would a deep blue DA risk the appearance of obvious bias in bringing a case that wasn’t routine


Perception is reality... Perception of " convicted felon i" is worst case
Posted by Lg
Hayden, Alabama
Member since Jul 2011
8485 posts
Posted on 5/31/24 at 11:18 am to
quote:

He was convicted for falsifying business records.


Who admitted to falsifying documents at Trump's direction? Was it corroborated by more than one? I do believe the witness Trump had to rebutt testimony given wasn't even allowed. So Trump was convicted without ever being able to give evidence to defend his innocence.
Posted by UncleFestersLegs
Member since Nov 2010
16396 posts
Posted on 5/31/24 at 11:18 am to
quote:

In this case prosecutors were prosecting the crime of falsifying business records. That crime alone (34 counts) does not require another crime
just a kangaroo court to somehow ignore the statute of limitations had already expired .
Posted by Salviati
Member since Apr 2006
7160 posts
Posted on 5/31/24 at 11:24 am to
quote:

I'm still struggling to understand how the misdemeanors got turned into felonies.

As I understand it, 12 people have to agree that a particular crime was committed, willfully, in order to get a conviction on it.

But it appears that if 4 people think it was Col Mustard, and 4 think it was with a knife and 4 think it was in the Study, BUT 8 didn't think Col Mustard or a knife or the Study, that that was ok.

What mechanism is used to get to that? Just the jury instructions? Is there precedent for this sort of thing in NY?
The twelve jurors agreed unanimously on all 34 counts:



Posted by Zachary
Member since Jan 2007
1832 posts
Posted on 5/31/24 at 11:25 am to
That graphic does zero to explain the alleged "other crime." Just like the indictment.
Posted by VOR
Member since Apr 2009
67440 posts
Posted on 5/31/24 at 11:27 am to
Ok Myztard never banged Ztormy Daniela’s as far as we know
Posted by Willie Stroker
Member since Sep 2008
15659 posts
Posted on 5/31/24 at 11:33 am to
quote:


The misdemeanors were time-barred by the statute of limitations.

The ONLY way the case had life was with the "other crime" to make them alleged felonies.


I don't understand why you're clinging to this as something that carries any relevance. There was another crime that made it a felony. Yes or no?


Maybe I can help you focus on something more relevant to be outraged about. No state prosecutor has ever charged federal election laws as a direct or predicate state crime, against anyone, for anything. That makes it unusual (and obviously political in this case).

Even putting federal election laws aside, the Manhattan DA generally does not prosecute cases in which falsification of business records is the only charge. So what made this one unusual enough to prosecute? It was obviously because of who Donald Trump is.
Posted by Zachary
Member since Jan 2007
1832 posts
Posted on 5/31/24 at 11:36 am to
You did not even put the defendant on notice of what the alleged other crime was.

You did not require the jury to articulate what it was.

You did not require the jury to be unanimous about it in its guilty verdict.
Posted by Timeoday
Easter Island
Member since Aug 2020
17670 posts
Posted on 5/31/24 at 11:42 am to
quote:

We know there was another crime related to these transactions because Michael Cohen pled guilty to it and served time for it.


So if another person who does not like you pleads guilty to a crime, you can be found guilty because your transactions are related to the crime the person who despises you pleads guilty to.

Posted by Willie Stroker
Member since Sep 2008
15659 posts
Posted on 5/31/24 at 11:45 am to
quote:

Who admitted to falsifying documents at Trump's direction?




Cohen and the AMI CEO both cooperated with the prosecution.

Trump personally signed 9 of the checks issued. Each of the checks was cut from Trump's bank account and sent, along with the corresponding invoices from Cohen, from the Trump Organization in New York County to Trump in Washington, D.C. The checks and stubs bearing the false statements were stapled to the invoices also bearing false statements. Trump signed each of the checks personally and had them sent back to the Trump Organization in New York County. There, the checks, the stubs, and the invoices were scanned and maintained in the Trump Organization’s data system before the checks themselves were detached and mailed to Cohen for payment.
Posted by jimmy the leg
Member since Aug 2007
42022 posts
Posted on 5/31/24 at 11:45 am to
quote:

frick Joe Biden.


You aren’t fooling anyone.
Posted by jimmy the leg
Member since Aug 2007
42022 posts
Posted on 5/31/24 at 11:47 am to
quote:

Ok Myztard never banged Ztormy Daniela’s as far as we know


Are you having a stroke?

DVT from all of your goose-stepping?
Posted by Houag80
Member since Jul 2019
17917 posts
Posted on 5/31/24 at 11:48 am to
There is nothing illegal in your 2nd paragraph with regard to AMI. That is a common practice in media.
This post was edited on 5/31/24 at 11:50 am
Posted by Salviati
Member since Apr 2006
7160 posts
Posted on 5/31/24 at 11:49 am to
quote:

So if another person who does not like you pleads guilty to a crime, you can be found guilty because your transactions are related to the crime the person who despises you pleads guilty to.
If the other person committed those crimes for your benefit and at your direction.

If the other person was paid by you to commit the crimes.
Posted by VoxDawg
Glory, Glory
Member since Sep 2012
75188 posts
Posted on 5/31/24 at 11:50 am to
quote:


I'm still struggling to understand how the misdemeanors got turned into felonies.

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