How can Trump be charged federally in a state court?

[Lesh]

Without the underlying crime, the indictment is just a misdemeanor.

But there IS an “underlining crime”

And you know that

 

[Lesh]

Is the SOF the underlying crime?

What do you think?

 

[Lesh]

Without the underlying crime, the indictment is just a misdemeanor.

But as you know ( because it has been pointed out about fifteen fucking times) there IS an “underlining crime”

Stop acting stupid

 

[Dadoalex]

If the law were the law Comey, Brennan, McCabe, Clapper and Fauci would be in jail. Stop with that bullshit when you know it does not apply to everyone. Not even fucking close.

Trump could have had them all arrested.

Oh but for the lack of actual crimes what might have been.

 

[Lesh]

No, it’s been seen, what people want, including all the people in the media, including left wing media, is clarity on what the actual crime is that was used to elevate a misdemeanor into a felony. The fact that Bragg won’t spell it out leaves some people uncertain.

Again, even the lefty news is saying they don’t know what the underlying crime is.

What “lefty news” is saying that?

Are they as stupid as you?

 

[WorldWatcher]

But what you are quoting is not from the indictment, right? What you quoted is from the SOF, which Bragg won’t actually say is what the underlying crime is. I mean, you and I can look at it and say that’s it all day, but if that’s the case, then why doesn’t Bragg confirm it? If he did, it would just confirm what everyone already knows, no harm, but, because he won’t, makes me wonder if he actually has another crime in mind that he’s not telling the defendant, which means he hasn’t actually allowed the accused his right to know what he is being charged with. You can’t point to a misdemeanor and say “there’s your crime” if that misdemeanor can only be a felony if it’s dependent on another crime, the other crime has to be stated so everyone understands how he turned a misdemeanor into that felony.

All reasonable questions which I'm sure will be addressed in the coming months.

But as I've said before, we are at the Grand Jury indictment, DA charging and arraignment phase. My understanding is that under New York State law the indictment must layout the charges and the basis of those charges. There is no requirement that the indictment layout the entire legal theory, only the justification as to the direct charges.

The defendant has been informed of what he has been charged with, it's Section 175.10 of the New York State Penal Code and the actions that directly relate to those violations.

Now whether your legal theory that the indictment is defective because it doesn't layout the DA's case was to why Cohen's crimes are the basis? We shall see and you can guarantee Trump's defense lawyers will bring that up as part of the Motion to Dismiss. However since the link was clearly indicated in the Statement of Facts that the defendant received when the indictment was unsealed, I doubt such a challenge will be successful. So to say the defendant was not informed is on it's face incorrect.

WW

 

[WorldWatcher]

No, it’s been seen, what people want, including all the people in the media, including left wing media, is clarity on what the actual crime is that was used to elevate a misdemeanor into a felony. The fact that Bragg won’t spell it out leaves some people uncertain.

Again, even the lefty news is saying they don’t know what the underlying crime is.

What the media want's is all the information to be made public right now.

That isn't how criminal trials work. The DA will present it to the court at the correct time and place. Then the court will review the motions by the defense and rebuttal from the DA's office and make a ruling.

My daughter was involved with prosecuting a sexual assault case that took well over 2-years. And most of that was motions by the defense for dismissal, challenging of evidence, challenging of witnesses and experts.

They say the wheels of justice grind slowly.

WW

 

[WorldWatcher]

Without the underlying crime, the indictment is just a misdemeanor.

No, the indictment is for a felony.

Without the connection to Cohen's illegal activity the crime would be a misdemeanor. But we all know what the underlaying crime is which justifies the felony level charges, they are referred to in the Statement of Facts filed with the court and unsealed with the indictment.

WW

 

[kyzr]

Trainor is talking about this current STATE case using Federal standards . Not only that he is trying to make a case that there is no campaign violation HERE when Trump is not charged with campaign violations. He is clearly a partisan hack

Bragg is clearly trying to charge a "cover-up" of a federal campaign violation, thereby magically getting <poof> a felony!! Smoke and mirrors.
Legal experts are calling BULLSHIT.

JONATHAN TURLEY

Res ipsa loquitur - The thing itself speaks

jonathanturley.org

"Given Bragg’s failure to even state the key offense allowing him to bring these 34 felonies, Merchan should have scheduled a hearing on the threshold legal questions in two weeks — not schedule all motions to be heard in December. Indeed, with even legal analysts on CNN and MSNBC expressing disbelief at this indictment"

 

[kyzr]

Trainor is talking about this current STATE case using Federal standards . Not only that he is trying to make a case that there is no campaign violation HERE when Trump is not charged with campaign violations. He is clearly a partisan hack

Maybe you haven't noticed, but no one has indicted Trump after reviewing the facts. This case is even way past the statute of limitations. Bragg is a legal CLOWN

 

[Marener]

Maybe you haven't noticed, but no one has indicted Trump after reviewing the facts. This case is even way past the statute of limitations. Bragg is a legal CLOWN

The investigation was suppressed under Bill Barr and the conservatives in the FEC. Leaks indicated it probably would have been hard to prosecute beyond a reasonable doubt given the way that Trump never leaves any email, text or other evidence of his actions. Probably the only definite witness is Cohen who has credibility problems.

That being said, I don’t think anyone actually doubts that Trump played an instrumental role in the payoffs.

 

[WorldWatcher]

Maybe you haven't noticed, but no one has indicted Trump after reviewing the facts.

Trump was indicted this last week by the Grand Jury.

This case is even way past the statute of limitations.

The offense occured in 2017. Base SOL for New York of 5 years with a maximum of an additional 5 years if the suspect is out of state for a total of 10 years.

SOL wouldn't run out on Section 175.10 till at least 2027.

WW

 

[Lesh]

Maybe you haven't noticed, but no one has indicted Trump after reviewing the facts. This case is even way past the statute of limitations. Bragg is a legal CLOWN

None of that is true

 

[mudwhistle]

It means that no one is above the law.

 

[Lastamender]

Trump could have had them all arrested.

Oh but for the lack of actual crimes what might have been.

They all lied to Congress.

 

[Dadoalex]

They all lied to Congress.

Then why didn't Trump charge them?

Oh damn, there's that stupid "probable cause" getting in your way again.

What you fools don't know about the law would fit into a law book.

 

[Lastamender]

Then why didn't Trump charge them?

Oh damn, there's that stupid "probable cause" getting in your way again.

What you fools don't know about the law would fit into a law book.

Because all of advisors said not to. They will not say that this time, or they will not be his advisors.

 

[Dadoalex]

Because all of advisors said not to. They will not say that this time, or they will not be his advisors.

WAIT!!!!!

I thought DJT was his own man.
Who was it that advised him to
extort Ukraine?
fire the FBI director for refusing to drop the investigation into Trump's favorite traitor
steal thousands of classified docs
Pay off a hooker and try to write it off as a legal expense

It must be hilarious in your fantasy world.

 

[Lastamender]

WAIT!!!!!

I thought DJT was his own man.
Who was it that advised him to
extort Ukraine?
fire the FBI director for refusing to drop the investigation into Trump's favorite traitor
steal thousands of classified docs
Pay off a hooker and try to write it off as a legal expense

It must be hilarious in your fantasy world.

Old news.

 

[ThisIsMe]

But there IS an “underlining crime”

And you know that

Is there? Bragg hasn’t revealed it, the media doesn’t seem very certain, even left wing media. I know what you all claim is the underlying crime, but until Bragg actually says what it is, trump is being unfairly indicted, because he doesn’t know exactly, from the DA, where the charges derive from.

He pointed to a misdemeanor and said “there’s your crime” and when asked how they upgraded that misdemeanor to a felony, he refused to say.