B-Man Posted May 8 Posted May 8 REMINDER: Perhaps the weirdest, and by far the most unjust, thing about former President Donald Trump's trial in New York is that we do not know precisely what crime Trump is charged with committing. We're in the middle of the trial, with Trump facing a maximum of more than 100 years in prison, and we don't even know what the charges are! It's a surreal situation. Yes, we know that Trump is charged with falsifying business records of payments made to the porn actress Stormy Daniels in 2016 and 2017. But falsifying business records is a misdemeanor with a two-year statute of limitations, meaning prosecutors would be prohibited from charging Trump with that crime after 2019, which was five years ago. They obviously missed that deadline by a mile. We also know that New York law allows falsifying business records to be upgraded to a felony if the alleged falsification was done with "intent to defraud that includes an intent to commit another crime or to aid or conceal the commission thereof." In that case, the statute of limitations extends to five years, which would have allowed prosecutors to charge Trump as late as 2022. Prosecutors missed that deadline, too. Trump was indicted in 2023. How did that happen? Because of COVID-19, when New York extended its statute of limitations by a year. That allowed prosecutors to slip the charges in right before the new, one-time-only, six-year extended statute of limitations expired. But here's the thing. What was the "intent to commit another crime or aid and conceal the commission thereof" that prosecutors used to raise falsification of business records from a misdemeanor to a felony? In nearly every case of alleged falsification of records that has been charged as a felony in New York, the defendant was charged with another crime — that is, prosecutors made it clear what the other crime was. In Trump's case, the indictment did not specify any other crime. Manhattan District Attorney Alvin Bragg said the law did not require him to specify the other crime. So Trump faced felony charges without knowing what he was accused of doing. And the really amazing thing is that the trial is now underway and Bragg has still not specified what the other crime is. It is a key element of the case. Without it, the charges against Trump could never have been brought because they were misdemeanors long past the statute of limitations. It is the other crime that makes this whole prosecution possible. But the prosecutor has not specified what it is. https://jewishworldreview.com/0524/york050824.php
BillsFanNC Posted May 9 Author Posted May 9 Sounds pretty spot on... Mark this down: The NY trial judge is going to allow that case to go the jury and get a verdict (if the jury doesn't hang). He's then going to delay sentencing as long as he can. But before sentencing arrives, he's going to grant a motion for a new trial based on unduly prejudicial evidence having come from one or more witnesses. The political goals will have been accomplished -- the "evidence" was publicly aired in a courtroom and given saturation coverage in the media. A jury will have convicted Trump of felony offenses (if they don't hang). The campaign narrative is furthered. But the Judge won't end up suffering a reversal for his myriad errors in his biased decision making and conduct of the trial. He'll set a new trial date after the election. May 9, 12:55 am PT. 1
All_Pro_Bills Posted May 10 Posted May 10 19 hours ago, BillsFanNC said: Arch-criminal and creator of Russian collusion hoax that escaped all charges complains about justice system. 1
B-Man Posted May 13 Posted May 13 The Appearance of Michael Cohen: A Wreck in Search of a Race By Jonathan Turley, May 13, 2024 Michael Cohen is to criminal justice what car crashes are to Nascar: few want to admit it, but he is the perverse draw for the wreck-obsessed. The difference is that Cohen was already a rolling smoking wreck when he pulled up to the track. Even for those of us who have long been critics of this case and its dubious legal theory, it has been surprising to see that the prosecutors had no more evidence than what we previously knew about. The assumption was that no rational prosecutor would base a major criminal case virtually entirely on the testimony of Michael Cohen who was just recently denounced by a judge as a serial perjurer peddling “perverse” theories in court. The calculus of Alvin Bragg is now obvious. He is counting on the jury convicting Trump regardless of the evidence. He believes that all he needs is to check the boxes on the elements of the crime, no matter how unbelievable the vehicle. The reason is that Bragg likely fears a directed verdict more than a jury verdict. After the government closes its evidence, the defense will move for a directed verdict on the basis that the evidence is insufficient to sustain a conviction. In other words, when the prosecution rests this week, Trump’s counsel will stand and ask Merchan to end the case before it is even given to the jury. Many of us agree with that assessment. After three weeks of testimony, there is still confusion on what crime Trump was allegedly seeking to cover up. Bragg has vaguely referred to using the denotation of payments to Daniels as “legal expenses” as a fraud committed to steal the election. However, the election was over when those denotations were made. Moreover, many believe that such a characterization for payments related to a nondisclosure agreement was accurate. (Hillary Clinton’s campaign claimed in the same election that hiding the funding for the Steele dossier as legal expenses was perfectly accurate). Judge Juan Merchan, in my view, has failed repeatedly to protect the rights of the accused in this case. However, he can claim that there was enough alleged to give Bragg the chance to make his case. Thus far he has not done so and, if he is truly neutral, Merchan should grant the motion. Bragg is counting on not only a motivated jury but a motivated judge to keep this anemic case alive. All he hopes that he needs to do is get this to a Trump-loathing jury to set aside any reasonable doubt. To do that, he found the ultimate motivated witness with a record of saying whatever serves his interests and those of his sponsors. https://jonathanturley.org/2024/05/13/the-appearance-of-michael-cohen-a-wreck-in-search-of-a-race/ .
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