Bragg’s Pursuit of Trump Violates the Sixth Amendment

[Flopper]

Because the statute of limitations has already run on the named crimes, the secret crime must be charged and named. Otherwise there is just no wrong.

What some have suggested is that the secret crime Bragg wants to charge is election fraud. By concealing these criminal business record entries from the public he defrauded the public out of their vote. Which is a federal crime. In fact, democrats already presented this to the Federal Election Commission and the whole idea rejected. Why? Because the alleged wrongdoing was a full year AFTER the election.

So. What was the crime?

Election fraud in 2015 is about 8 years ago. Statue of limitations is 5 years both in federal and state. Keep in mind that New York as well the feds have election laws.
The 2017 charges of business record falsification as a felony is about 6 years ago.
So it would seem both have passed their lime limit. However, New York has an exception. A continuous period out state can be added to the limit. That will make the 2017 charges within limit but 2015 would probably be past the limit.

Hiding evidence of the 2015 electron fraud makes the falsification of business records a felony.
So whether or not Bragg charges him with election fraud, he has to convince the jury that Trump did violate election law. If not, all charges will be misdemeanors.

 

[San Souci]

And you claim to have a graduate degree? LOL...

Wow.

I think you should have someone explain the statute to you a bit more.

Why don't YOU explain it ,shithead?

 

[San Souci]

The crime he is charge with is falsifying business records, i.e. recording reimbursements to Cohen for hush money payoffs as legal expenses of the business which is a falsification. Using a lawyer as a conduit only makes the money harder to trace. This was hiding evidence of an election law violation which made it a felony. Also if he deducted these payments as business expense that would be a tax violation although I'm sure he doesn't care about that.

Had he paid off Stormy from his personal checking, he may have got hit with a violating of election law which would have been a misdemeanor but he would not be facing 34 counts of a felony charge.

If one uses their own money to pay off a nuisance Lawsuit ,it has NOTHING to do with campaign funds. Besides ,the Democrats are always using Whores to make up false charges. Like Anita Hill. Like Christine Ford. And our VP is a fuckin' Whore. Ask Willie Brown.

 

[Lisa558]

And think of the chutzpah is takes for a biased DA to charge Trump with election fraud for using his own money to pay a floozy for an NDA, after Dems in the FBI collided with social media to hide the corruption in the Biden Family!

 

[struth]

The crimes (plural) consist of falsification of financial records in furtherance of a separate felony.

That crime is not required to be listed in NY state in the indictment but we all know it’s the payments to Stormy Daniels that got Cohen jail time

what is the separate felony? The indictment has to lay that out to give the defendant proper notice. Please point that out for us

 

[struth]

If you are referring to the crime Trump was aiding… no it does NOT have to be listed in NY state

yes it does...indictments are indictments, from the Federal Govt to every state...they have to give the defendant proper notice.

 

[struth]

Assault and battery is a class b felony.

Fuck off troll

Well, first battery is not even mentioned in the NY Penal Code, only Assault is, and NY Penal Code 120...https://criminaldefense.1800nynylaw.com/new-york-assault-in-the-third-degree.html
Assault in the third degree is also a common crime related to domestic violence. It is a misdemeanor. This means that the longest prison sentence that you could receive if convicted is 1 year in jail.


As far as your example of committing and assault while committing a robbery...you can't be charged with both....assault is a necessary element of a robbery...it's just a robbery.

 

[struth]

Stormy's.

She's flip flopped on this issue more then she has in bed doing a scene.

She also has new motive given the amount of money she owes Trump's lawyers for the defamation lawsuit she lost over Trump denying the affair

 

[GMCGeneral]

Watch how fast Bragg gets hauled in front of Congress and gets grilled like a steak on the barbecue.

 

[Lesh]

yes it does...indictments are indictments, from the Federal Govt to every state...they have to give the defendant proper notice.

I repeat… the crime that is referred to in an indictment of this type IN NY STATE does NOT HAVE TO BE LISTED IN THE INDICTMENT.

Only the crimes the defendant is charged with need to be so listed

That’s just a fact.

 

[struth]

I repeat… the crime that is referred to in an indictment of this type IN NY STATE does NOT HAVE TO BE LISTED IN THE INDICTMENT.

Only the crimes the defendant is charged with need to be so listed

That’s just a fact.

If it's referred to in the indictment, lay it out for us...I don't disagree that ONLY the acts that violated the code need to be listed....so quote us the lines from the indictment that lay out the crime.

 

[Lesh]

If it's referred to in the indictment, lay it out for us...

That's been done numerous times on numerous threads

 

[Lesh]

Well, first battery is not even mentioned in the NY Penal Code, only Assault is, and NY Penal Code 120...https://criminaldefense.1800nynylaw.com/new-york-assault-in-the-third-degree.html
Assault in the third degree is also a common crime related to domestic violence. It is a misdemeanor. This means that the longest prison sentence that you could receive if convicted is 1 year in jail.


As far as your example of committing and assault while committing a robbery...you can't be charged with both....assault is a necessary element of a robbery...it's just a robbery.

The next level is assault in the first degree, which also has several different possibilities. The most common ones would be with intent to cause serious physical injury, you actually cause serious physical injury by the use of a weapon or a dangerous instrument. It is also first-degree assault if you cause an injury with the intent to disfigure or amputate. The penalties for this are extremely serious, because assault in the first degree is now considered a Class B violent felony. What that means is if you are convicted of that charge, the minimum sentence that the law allows, even for a first offense, is 5 years in state prison. The maximum is 25 years.

That's in NY asshole...

You don't like my example? Tough shit

 

[WorldWatcher]

what is the separate felony? The indictment has to lay that out to give the defendant proper notice. Please point that out for us

Only if the individual is charged with the separate crime.

However if the crime under 175.10 was one committed by someone else, then no that does not need to be included in the indictment. It's pretty clear for the Statement of Facts also presented to the court that the other crime committed that Trump is being associated with as part of "aiding and concealing" is the crimes Cohen was guilty of in federal court. 175.10 on requires that other crimes be aided or concealed, not that (a) the charged individual was the one that committed the crimes, or (b) that the crimes have to be New York State crimes - they can be state or federal.

WW

 

[jc456]

conceal evidence of a prior crime,

what was the prior crime that Bragg's couldn't tell us?

 

[jc456]

Only if the individual is charged with the separate crime.

However if the crime under 175.10 was one committed by someone else, then no that does not need to be included in the indictment. It's pretty clear for the Statement of Facts also presented to the court that the other crime committed that Trump is being associated with as part of "aiding and concealing" is the crimes Cohen was guilty of in federal court. 175.10 on requires that other crimes be aided or concealed, not that (a) the charged individual was the one that committed the crimes, or (b) that the crimes have to be New York State crimes - they can be state or federal.

WW

demofks really are bottom scrapping on their TDS. Outstanding round of stupidity I've ever witnessed. When anything they say justifies the stupid.

 

[Lisa558]

demofks really are bottom scrapping on their TDS. Outstanding round of stupidity I've ever witnessed. When anything they say justifies the stupid.

What this whole thing tells me is that Trump must be clean as a whistle if this joke of an indictment was the best they could come up with.

 

[Lesh]

What this whole thing tells me is that Trump must be clean as a whistle if this joke of an indictment was the best they could come up with.

Honey, you'd be defending him if video showed him shooting someone in the middle of the day on Fifth Ave.

You're one of those

Cheeto Jesus loves you

 

[jc456]

Honey, you'd be defending him if video showed him shooting someone in the middle of the day on Fifth Ave.

You're one of those

Cheeto Jesus loves you

Eight years and all you got is some make believe misdemeanor twisted and reconfigured into some make believe felony!!! hahaahahahahaha Most dishonest humans and you associate with them congrats. your TDS is always extreme.

 

[Lesh]

Eight years and all you got is some make believe misdemeanor twisted and reconfigured into some make believe felony!!! hahaahahahahaha Most dishonest humans and you associate with them congrats. your TDS is always extreme.

Nothing make believe about it.

Bragg has indicted over 30 other individuals on 150 counts for similar felonies