NY - Ex-President Donald Trump, charged with 34 criminal counts of falsifying business records, Apr 2023, Trial 25 Mar 2024 #2

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MrsWatson said:
I'm very curious. Can someone tell me what church Trump is a member of? Where he attends regularly?


Laying it on thick, Trump declared: “The main thing that our country needs, again, is religion.” He insisted: “I’m fighting, very hard for people of religion, people that believe in God.” Finally, Trump implored his listeners: “I want you to pray really hard, because we have to have a victory in 2024.”


www.rollingstone.com

MAGA Pastors: Trump Was Indicted for Your Sins

After his felony indictment, Trump surrounded himself by faith leaders who called his prosecution "demonic"
www.rollingstone.com www.rollingstone.com
Click to expand...
cbs12.com

President Trump and First Lady attend West Palm Beach church for Christmas Eve

President Donald J Trump and First Lady Melania Trump performed a Christmas Eve shakeup Tuesday by attending a different church for Christmas Eve services. The Trumps attended Family Church, a branch of the popular Baptist group of churches in Palm Beach County. The church is known for its...
cbs12.com cbs12.com
 
Emma Peel said:
IMO, it doesn't matter. If hush-money was paid for intent of influencing an election outcome - no matter where it comes from - it is in-kind campaign funds.

Did they? Did everybody know about the hush-money?

Others in the catch and kill scheme were paid before SD.
SD was paid in Oct 2016, signed NDA upon payment.

Oct. 27: Cohen wires $130,000 to Davidson, Daniels' attorney.

Nov. 1: Cohen receives signed copies of the agreement between "Peggy Peterson" and "David Dennison." It is dated Oct. 28. See timeline here:
Timeline: Donald Trump, Stormy Daniels and the $130,000 payment to buy her silence


Federal election law disagrees.

How?

see below. Ranch and I were looking at 2 sections of NY State election law. Neither was changed to include federal elections. One was changed where "felony" became "misdemeanor".

By law, he used in-kind campaign donation money. In-kind contributions to a campaign have to be recorded by the campaign and by the donor.

it is twisty, and good chance, both sides will argue what kind of nonsense the other is full of.

2016 change to section 17-142.

The section that contains the word "federal" in reference to type of elections (in 2016) is 17-142. The change to this section was "felony" in 2016 to "misdemeanor" in 2020. The word "federal" didn't change.

I think Ranch is correct, though and 17-142 probably isn't the reference the DA is using. It's 17-152.

17-152 - the section Bragg seems to reference:

This other relevant code, 17-152 has had no change in language since 2016. I just checked on that to report that to RANCH. I agree with RANCH - this seems to be the section DA is referencing.

This is the full Election Code. 2016. If you are interested:
2016 New York Laws :: ELN - Election

This is the Section 17. You'll find the DA's use of language in 17-152. Also see 17-142.4
2016 New York Laws :: ELN - Election :: Article 17 - (Election) VIOLATIONS OF THE ELECTIVE FRANCHISE
Click to expand...
Wow! IMO you didn’t go to Trump University!
 
Republicans Vowed to Grill Bragg About Trump, but It’s Not So Simple

As Bragg prepared to bring criminal charges against Trump, House Republicans rallied to Mr. Trump’s side, vowing to use their power to haul in Mr. Bragg and force him to turn over documents and answer questions.

Mr. Bragg’s general counsel has offered to enter into discussions and provided documents detailing the federal funding the office has received.

The congressmen have demanded that Mr. Bragg provide them with communications, documents and testimony about his inquiry into Mr. Trump. Any such effort is likely to get bogged down in legal fights for longer than a two-year congressional term..the legal process to enforce a subpoena takes longer than the political relevance of the issue

Leading Republicans are also trying to avoid accusations of personal hypocrisy.
When the House Jan. 6 committee sought their testimony, both Mr. McCarthy and Mr. Jordan refused but offered to enter into discussions, much as Mr. Bragg has done.

Stanley M. Brand, who served as House general counsel under Speaker Thomas P. O’Neill Jr., said there was almost no chance the Republicans would ever receive internal communications about the prosecution of Mr. Trump or force Mr. Bragg to testify about details of an active criminal case.
 
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I'm gonna close the night by stating the obvious:

If you falsify one business record in order to falsify a 2nd business record you've got your felony right there. If it's being done in support of a conspiracy (2 or more people organize a catch and kill scheme and even execute), you've got your felony. And that can happen early:

Falsifying Business Records is NY Penal Law 175.10 (recording false invoice from cohen)
Filing a False Instrument is NY Penal Law 175.35 (false reimbursement to cohen)

*************

... and although we've already got NY Election Laws 17-152 and 17-142 under consideration ... I have one more NY statute to add to the mix ...

I respectfully throw in NY Penal Law 195.00 (Bribery in the Third Degree) because I just discovered that an electoral candidate (even though not yet a govt official or elected official or govt employee) can be held to that Penal Code.

*************
for the visual learners who faire better with pictorials, here's two "theory charts" from Fed Asha Rangappa (Yale lawyer and FBI special agent and editor @ just security) re: Bragg's Theory.
These are picture-charts, folks ... good for everyone...have a quick look.

https://twitter.com/rgoodlaw/status/1643736117689319424?s=20

and

https://twitter.com/x/status/1643726302350917632


sweet dreams, courtroom antics addicts
 
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BBM for reference:

Article from Feb 1, 2023

“NEW YORK (AP) — Donald Trump’s long-estranged former lawyer and fixer, Michael Cohen, says Manhattan prosecutors recently took his cellphones to preserve evidence related to a hush-money payment he made to *advertiser censored* actress Stormy Daniels in the waning weeks of the 2016 presidential campaign.”

[SNIP]

“Cohen said Wednesday that Manhattan District Attorney Alvin Bragg’s office asked for the phones because it wants to extract voice recordings of conversations he had with a lawyer for Daniels, (Snipped) as well as emails and text messages.

“That way it could be used as evidence if in fact they proceed forward, which, I would suspect they are,” Cohen said in an appearance on CNN.

Cohen told the AP on Wednesday that Manhattan prosecutors investigating the payments asked him for the devices after they met with him recently to discuss the probe. Cohen said he was questioned for about 2½ hours. He is also expected to testify before the grand jury at some point.”
 
Emma Peel said:
I'm gonna close the night by stating the obvious:

If you falsify one business record in order to falsify a 2nd business record you've got your felony right there. If it's being done in support of a conspiracy (2 or more people organize a catch and kill scheme and even execute), you've got your felony. And that can happen early:

Falsifying Business Records is NY Penal Law 175.10 (recording false invoice from cohen)
Filing a False Instrument is NY Penal Law 175.35 (false reimbursement to cohen)

*************

... and although we've already got NY Election Laws 17-152 and 17-142 under consideration ... I have one more NY statute to add to the mix ...

I respectfully throw in NY Penal Law 195.00 (Bribery in the Third Degree) because I just discovered that an electoral candidate (even though not yet a govt official or elected official or govt employee) can be held to that Penal Code.

*************
for the visual learners who faire better with pictorials, here's two "theory charts" from Fed Asha Rangappa (Yale lawyer and FBI special agent and editor @ just security) re: Bragg's Theory.
These are picture-charts, folks ... good for everyone...have a quick look.

https://twitter.com/rgoodlaw/status/1643736117689319424?s=20

and

https://twitter.com/x/status/1643726302350917632


sweet dreams, courtroom antics addicts
Click to expand...
Looking at that diagram, it lays out an obscure pathway to ensnare a politician into a in-kind campaign donation violation. The campaign has no control over how much, from whom or when the campaign donation occurs until after the fact. A donor could value an in kind donation of services at any figure, despite what the actual dollar payout to others actually was. The hush money payment could be a small fraction of the actual value of the services package donated to a campaign.

The congressional sex impropriety slush fund has been mentioned. Do the beneficiaries of the slush fund monies fill out in kind campaign donation forms with the fec?
 
I think a lot of folks are putting the cart before the horse on this one.

All 34 charges stem from (and depend upon) the hush money payment made to SD being intended to influence the election in Trump's favor secretly. In addition, Trump himself had to conspire with Cohen to make the payment and then cover it up.

But, if the first charge can't be proven, the subsequent charges fall. And this is the letter from Cohen's attorney that throws the first charge into doubt.

69003937-11891633-image-a-40_1679519003822.jpg
 
GRT said:
I think a lot of folks are putting the cart before the horse on this one.

All 34 charges stem from (and depend upon) the hush money payment made to SD being intended to influence the election in Trump's favor secretly. In addition, Trump himself had to conspire with Cohen to make the payment and then cover it up.
Click to expand...

I think the charges stem from hush money paid to three different people. The doorman, K McD, and SD.
All part of the catch and kill scheme.

 
This is a can of worms sitting on top of pandora's box teetering on the edge of a rabbit hole.

Manhattan district tax money spent on this case is accruing as in-kind campaign donations to anyone running against trump. Or it accrues to trump if he somehow benefits from it. Potential violations lurking everywhere.
 
APR 5, 2023
[...]

At the arraignment hearing, New York Supreme Court Justice Juan Merchan told Trump and his lawyers that they have an Aug. 8 deadline to file motions. These could include a motion to dismiss the case or a request for it to be heard in front of a different judge. The state government then has until Sept. 19 to file responses to the motions.

In the meantime, the discovery process will begin.

[...]

But before they give anything to Trump, the prosecutors said they want to seek a protective order to prevent the former president from publicizing the potentially sensitive details in the case. Prosecutors cited fears that he would post the materials he receives during discovery to social media or leak them to the press. The judge said he hoped that prosecutors and Trump’s lawyers could work out a protective order together so he need only sign off on it.

Once that protective order is in place, prosecutors said they could start giving Trump materials on a rolling basis within a week. The first set of materials they plan to hand over would include grand jury minutes and witness statements. Next, within 65 days, the government will relinquish materials pertaining to subpoena compliance and police documents. In the last stage of the discovery process, prosecutors say they will give Trump and his legal team messages such as internal district attorney email messages.

[...]

Even if the case goes to trial a year from now, it would still be seen as fast-tracked compared with the pace of other cases in state court in Manhattan. It is not uncommon for felony matters to drag on for years.

[...]
 
GRT said:
olks are putting the cart before the horse on this one.

All 34 charges stem from (and depend upon) the hush money payment made to SD being intended to influence the election in Trump's favor secretly. In addition, Trump himself had to conspire with Cohen to make the payment and then cover it up.

But, if the first charge can't be proven, the subsequent charges fall. And this is the letter from Cohen's attorney that throws the first charge into do
Click to expand...
That letter is dated 6 months before MC's guilty pleas campaign finance violations, I doubt it holds much water now.

www.justice.gov

Michael Cohen Pleads Guilty In Manhattan Federal Court To Eight Counts, Including Criminal Tax Evasion And Campaign Finance Violations

www.justice.gov www.justice.gov
 
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