Bragg’s Pursuit of Trump Violates the Sixth Amendment

[WEATHER53]

Correct. Because this is an indictment and arraignment, it is not trial.

Not supposition, this is based on evidence presented to the Grand Jury and the jury voting to indict.

WW

There is no evidence that has been presented. There is supposition that those listed invoices and bill pays were illegal
I am unaware of anyone ever indicted for crimes that are not specified.
It’s what Alan Dershowitz has been saying from the first moment and he dislikesTrump but dislikes persecution for political purposes even more

 

[Marener]

Failed by a 4-1 vote, you linked the article.

And at the rest of your post.

It was the 2-2 vote which refused to allow any scrutiny of Trump. Therefore they closed the investigation with a different vote.

 

[Winston]

Hey look another red hat piece of shit that has never even seen a Constitutional Law text book.

Or picked up a dictionary

Attorney Mike Davis concurs and labels Bragg’s case as one of the dumbest cases ever. Davis points out that the crimes aren’t identified in the document. Bragg says that he doesn’t have to list the crimes.

• 11 invoices
• 12 vouchers (in February 2017 there were two vouchers)
• 11 checks cut

These are the 34 charges – they are related to 11 transactions. What’s the crime?

Here is a list in the order in which they are listed in the indictment:

Feb 14

1. Invoice- Feb 14
2. Voucher -842457
3. Voucher- 842460
4. Check- 138

March 16-17

1. Invoice- Feb 15
2. Voucher – 846907
3. Check 147

June 19

1. Invoice- April 13
2. Voucher – 858770
3. Check – 2740

May 22

1. Invoice – May 22
2. Voucher- 855331
3. Check – 2700

June 16-19

1. Invoice – June 16
2. Voucher – 858772
3. Check – 2741

July 11

1. Invoice- July 11
2. Voucher – 861097
3. Check – 2781

Aug 1

1. Invoice – Aug 1
2. Voucher- 863641
3. Check- 2821

Sep 11

1. Invoice – Sep 11
2. Voucher – 868174
3. Check – 2908

Oct 18

1. Invoice – Oct 18
2. Voucher – 872654
3. Check – 2944

Nov 20

1. Invoice – Nov 20
2. Voucher – 876511
3. Check – 2980

Dec 1

1. Invoice – Dec 1
2. Voucher – 877785
3. Check – 3006

Many of these transactions appear to be monthly recurring fees being paid perhaps as a retainer? We just don’t know from the filing.

We also don’t know what the amounts are on these individual transactions.

But most notable is that the transactions are from 2017. This was when President Trump was in office and his sons were running his company. President Trump had nothing to do with these transactions.

These transactions also somehow impacted the 2016 election – but they were made in 2017?


*****Like Voter rolls....just get any name on the list. We'll take it from there. Just file any charges. The MSM will take if from there.

I swear, why is it so damn difficult to read the Statement of Facts?

4. After the election, the Defendant reimbursed Lawyer A for the illegal payment through a series of monthly checks, first from the Donald J. Trump Revocable Trust (the “Defendant’s Trust”)—a Trust created under the laws of New York which held the Trump Organization entity assets after the Defendant was elected President—and then from the Defendant’s bank account. Each check was processed by the Trump Organization, and each check was disguised as a payment for legal services rendered in a given month of 2017 pursuant to a retainer agreement. The payment records, kept and maintained by the Trump Organization, were false New York business records. In truth, there was no retainer agreement, and Lawyer A was not being paid for legal services rendered in 2017. The Defendant caused his entities’ business records to be falsified to disguise his and others’ criminal conduct.
There are so damn many idiots in this thread that don't have the common courtesy, let alone enough self-pride, to read the damn Statement of Facts. Your stupid question at the end of the post is just one clear example. Had you read the Statement of Facts you would have known the answer.

Another is this bellowing about "what crime, what crime". From the SOF,

7. During and in furtherance of his candidacy for President, the Defendant and others agreed to identify and suppress negative stories about him. Two parties to this agreement have admitted to committing illegal conduct in connection with the scheme. In August 2018, Lawyer A pleaded guilty to two federal crimes involving illegal campaign contributions, and subsequently served time in prison. In addition, in August 2018, American Media, Inc. (“AMI”), a media company that owned and published magazines and supermarket tabloids including the National Enquirer, admitted in a non-prosecution agreement that it made a payment to a source of a story to ensure that the source “did not publicize damaging allegations” about the Defendant “before the 2016 presidential election and thereby influence that election.
And the Trump legal team is a bunch of incompetent fools. For instance, during the Grand Jury proceedings they trotted out the "Keep it from Melania" defense. That would not have dismissed the charge, but it could have prevented it from rising to a felony. It is not a crime to pay hush money to keep a secret from your wife. But the Statement of Facts obliterates that defense,

The Defendant directed Lawyer A to delay making a payment to Woman 2 as long as possible. He instructed Lawyer A that if they could delay the payment until after the election, they could avoid paying altogether, because at that point it would not matter if the story became public.

I mean for the love of God, Trump don't know how to keep his mouth shut.

But here is the news that no one is talking about. Trump has hired Todd Blanche, a former prosecutor in New York and a white-collar criminal defense lawyer. But he don't "defend", he settles, as he did in the Manafort and Fruman cases. I fully expected a plea deal all alone. That is Trump's best option.

 

[excalibur]

Damn, I wonder why Trump's lawyers did not think of this

Duh. It will be a part of their filing on a Motion to Dismiss.

 

[Winston]

What method did they use that made it illegal?

Claiming the payments were for legal services per a retainer agreement that did not exist and then claiming those same expenses as a legal, tax deductible expense. Even going so far as to document the agreement in handwritten notes on Cohen's bank statement. I mean where the hell does Trump find these idiots?

 

[WorldWatcher]

There is no evidence that has been presented. There is supposition that those listed invoices and bill pays were illegal

Evidence has been presented. To the Grand Jury. They found sufficient evidence to determine illegal activity occured and the evidence warranted charging the FDOTUS.

That is not supposition. The only once parking in supposition is those outside the Grand Jury chamber (which is both of us).

I am unaware of anyone ever indicted for crimes that are not specified.

The crimes charged are specified in the indictment document.

It’s what Alan Dershowitz has been saying from the first moment and he dislikesTrump but dislikes persecution for political purposes even more

Was Counselor Dershowitz in the Grand Jury room listening to the evidence?

Psst - the answer is "no".

WW

 

[OldFlame]

It was the 2-2 vote which refused to allow any scrutiny of Trump. Therefore they closed the investigation with a different vote.

Why would a 2-2 vote cause that to happen? Seems even to me.

 

[WorldWatcher]

Why would a 2-2 vote cause that to happen? Seems even to me.

IIRC, the FEC has to have a majority vote to take action. 2-2 isn't a majority.

Just say'n.


WW

 

[OldFlame]

Claiming the payments were for legal services per a retainer agreement that did not exist and then claiming those same expenses as a legal, tax deductible expense. Even going so far as to document the agreement in handwritten notes on Cohen's bank statement. I mean where the hell does Trump find these idiots?

And why would they do that when the payment itself wasn't illegal?

Where does Trump find these idiots?

Are you admitting that Trump himself had nothing to do with how it was paid then? These transactions are from 2017, Trump wasn't even running his enterprise then.

 

[OldFlame]

IIRC, the FEC has to have a majority vote to take action. 2-2 isn't a majority.

Just say'n.


WW

It's not a majority either way.

 

[excalibur]

You cannot be convicted of violating 175.10 without being convicted of violating 175.05 and Bragg has not charged a 175.05 violation.

§ 175.10 Falsifying business records in the first degree.

A person is guilty of falsifying business records in the first degree
when he commits the crime of falsifying business records in the second
degree, and when his intent to defraud includes an intent to commit
another crime or to aid or conceal the commission thereof.​

NYS Open Legislation | NYSenate.gov

www.nysenate.gov

Furthermore, the nexus of these statutes is someone suffered a loss because of the alleged falsification of business records, and no such thing is alleged by Bragg nor could he as no one suffered a loss which is why the word 'defraud' is in the statute.

 

[jc456]

He facilitated aid and concealment of Cohen's crimes, which falls under NYS Penal Code 175.10 as a felony.

WW

Why did it take eight years for that?

It's always been a misdemeanor. Always.

 

[jc456]

It's not a majority either way.

It's why I cracked up, it's two two. He's bitching because he didn't get his way. Too funny.

 

[excalibur]

Trump is represented by excellent lawyers.

Joe Tacopina is a top criminal defense attorney.

 

[excalibur]

Why did it take eight years for that?

Bragg claims the misdemeanor and felony SoL was tolled because Trump was out of state and they didn't know where he was during that time. Yes, that is what he and his team are claiming.

 

[jc456]

oh. he knows.

prove it. Why didn't Bragg just say it then?

 

[jc456]

Bragg claims the misdemeanor and felony SoL was tolled because Trump was out of state and they didn't know where he was during that time. Yes, that is what he and his team are claiming.

 

[jc456]

Attorney Mike Davis concurs and labels Bragg’s case as one of the dumbest cases ever. Davis points out that the crimes aren’t identified in the document. Bragg says that he doesn’t have to list the crimes.

• 11 invoices
• 12 vouchers (in February 2017 there were two vouchers)
• 11 checks cut

These are the 34 charges – they are related to 11 transactions. What’s the crime?

Here is a list in the order in which they are listed in the indictment:

Feb 14

1. Invoice- Feb 14
2. Voucher -842457
3. Voucher- 842460
4. Check- 138

March 16-17

1. Invoice- Feb 15
2. Voucher – 846907
3. Check 147

June 19

1. Invoice- April 13
2. Voucher – 858770
3. Check – 2740

May 22

1. Invoice – May 22
2. Voucher- 855331
3. Check – 2700

June 16-19

1. Invoice – June 16
2. Voucher – 858772
3. Check – 2741

July 11

1. Invoice- July 11
2. Voucher – 861097
3. Check – 2781

Aug 1

1. Invoice – Aug 1
2. Voucher- 863641
3. Check- 2821

Sep 11

1. Invoice – Sep 11
2. Voucher – 868174
3. Check – 2908

Oct 18

1. Invoice – Oct 18
2. Voucher – 872654
3. Check – 2944

Nov 20

1. Invoice – Nov 20
2. Voucher – 876511
3. Check – 2980

Dec 1

1. Invoice – Dec 1
2. Voucher – 877785
3. Check – 3006

Many of these transactions appear to be monthly recurring fees being paid perhaps as a retainer? We just don’t know from the filing.

We also don’t know what the amounts are on these individual transactions.

But most notable is that the transactions are from 2017. This was when President Trump was in office and his sons were running his company. President Trump had nothing to do with these transactions.

These transactions also somehow impacted the 2016 election – but they were made in 2017?


*****Like Voter rolls....just get any name on the list. We'll take it from there. Just file any charges. The MSM will take if from there.

 

[excalibur]

Correct and fat Alvin is going to stall that as long as he can (or as close to the election as he can). Defense lawyers have a right to know any and all charges with evidence against their client in order to prepare a defense or file for dismissal.

What leftoid loons are claiming is to indict someone and then find the right charges.

 

[WorldWatcher]

Bragg claims the misdemeanor and felony SoL was tolled because Trump was out of state and they didn't know where he was during that time. Yes, that is what he and his team are claiming.

NYS Open Legislation | NYSenate.gov

www.nysenate.gov

The claim isn't that they didn't know where he was. The conditions under New York Statutes is "Any period following the commission of the offense during which (i) the defendant was continuously outside this state or (ii) the whereabouts of the defendant were continuously unknown and continuously unascertainable by the exercise of reasonable diligence."

The "OR" between (i) and (ii) is important meaning either or condition tolls the SOL time.

WW