How can Trump be charged federally in a state court?

[WorldWatcher]

SOF is not a part of the indictment, so we can only assume it’s the reason for the indictment until it’s stated so. That Bragg won’t say it can give one reason to believe that he has something else up his sleeve.

Possibly.

But at the indictment / arraignment stage the defense is not required to be information of the prosecutions legal strategy. They must be informed of the charge (indictment) and have access to all the evidence. They is no requirement that the prosecution layout it's legal strategy it this point. More will be coming later in response to defense motions.

WW

 

[ThisIsMe]

Bragg did say that, it's in the Statement of Facts.



It's not and no one has been charged for paying hush money.

Cohen was charged with making illegal campaign contributions, not for paying hush money.

Trump is being charged with falsification of business records, not for paying hush money.



That isn't a hurdle at all. No where in Section 175.10 does it say that the crime that was being aided or concealed had to be a state crime, not that the crime had to be the same person as the individual charged under 175.10. The defendant could aid or conceal someone else's crime (federal or state) if they were falsifying New York State business records in doing so.

WW

Hmm, well, even the lefty media is saying that they are not sure Bragg can use a federal crime to upgrade a state crime. The reason being that campaign fincnace violations are in federal jurisdiction, Bragg is trying to use a federal felony to upgrade a state misdemeanor to a felony.

I mean, what you are saying makes sense, but then why are media outlets, on both the left and the right, having problems with it?

 

[ThisIsMe]

Possibly.

But at the indictment / arraignment stage the defense is not required to be information of the prosecutions legal strategy. They must be informed of the charge (indictment) and have access to all the evidence. They is no requirement that the prosecution layout it's legal strategy it this point. More will be coming later in response to defense motions.

WW

See, you are suggesting that the revelation of the underlying crime is a legal strategy, I think it’s basic information about the indictment in general that the accused has a right to know.

 

[Lesh]

Hmm, well, even the lefty media is saying that they are not sure Bragg can use a federal crime to upgrade a state crime. The reason being that campaign fincnace violations are in federal jurisdiction, Bragg is trying to use a federal felony to upgrade a state misdemeanor to a felony.

I mean, what you are saying makes sense, but then why are media outlets, on both the left and the right, having problems with it?

Again… they are laying out both sides when they do that.

I doubt you can find a “lefty media” that definitively says that Bragg is on shaky ground

Definitively. Nope.

 

[Hutch Starskey]

Magatards keep asking for something that they acknowledge has been provided.

Truly bizarre

If they accept it then they would have to accept that Trump is fucked. They can’t do that so it remains unrecognized.

 

[C_Clayton_Jones]

How can Trump be charged federally in a state court?

He isn't.

This is a lie.

 

[Lesh]

He isn't.

This is a lie.

Not only a lie but a very stupid lie

 

[Pellinore]

I mean why isn't t he media talking about this?

To be fair, I can't say for sure that you are intentionally LYING; I'm just going to assume you don't know. Here's how I understand it:

Trump isn't being charged federally in a state court. He is charged with 34 state counts of falsifying business records. Those are normally misdemeanors, but New York law says that they can be charged as felonies if they were done in order to cover up another crime. That other crime can be from somewhere besides New York.

The DA hasn't announced what that "other crime" is yet, but it's kind of an open secret that it is the campaign finance law violations for paying off Stormy Daniels and Karen McDougal. That's a federal crime, and seeing how Michael Cohen was indicted, arrested, tried, sentenced, and sent to prison for exactly that, it seems pretty likely that it happened.

But the DA isn't charging Trump with that. He's charging Trump with faking his business records to cover that up.

See?

 

[WorldWatcher]

Hmm, well, even the lefty media is saying that they are not sure Bragg can use a federal crime to upgrade a state crime. The reason being that campaign fincnace violations are in federal jurisdiction, Bragg is trying to use a federal felony to upgrade a state misdemeanor to a felony.

I mean, what you are saying makes sense, but then why are media outlets, on both the left and the right, having problems with it?

It’s what media does. : shrug :

It’s the Internet equivalent of click bait.

I don’t rely on their “thoughts” to determine what to think. I like reading the documents themselves. You’ll notice I tend to post “this is what a document says” not “this is what someone else’s opinion of what the document says”.

When I link articles it’s for a quotes, dates, times, etc. (Typically)

WW

 

[WorldWatcher]

See, you are suggesting that the revelation of the underlying crime is a legal strategy, I think it’s basic information about the indictment in general that the accused has a right to know.

I can respect your opinion.

But the fact is the indictment does show the charges. The legal strategy the underlying enhancement may not be needed in the indictment since the link is clearly in the statement of facts.

To say the defendant “doesn’t know” is false.

WW

 

[Lesh]

I can respect your opinion.

You shouldn't. He's not being honest

 

[Faun]

Ok so then Bragg should say that. Also, I thought they actually determined the hush money payment wasn’t a crime? The campaign finance violation probably is, but they need to get over the hurdle of using a federal crime to upgrade a state felony.

There is no such hurdle. There's absolutely nothing in that law stipulating the underlying crime can't be against the United States. All there has to be is either any crime, or the cover up of a crime. Not even a crime he committed.

 

[ThisIsMe]

Again… they are laying out both sides when they do that.

I doubt you can find a “lefty media” that definitively says that Bragg is on shaky ground

Definitively. Nope.

The dubious legal theory at the heart of the Trump indictment, explained

www.vox.com

Vox is pretty far left

Why New York’s hush money case against Donald Trump is viewed as risky | CNN Politics

The case that Manhattan prosecutors have brought against former President Donald Trump for allegedly falsifying business records to disguise hush money payments related to the 2016 campaign presents novel legal questions that make the prosecution risky – but not impossible – legal experts say.

amp.cnn.com

CNN is a lefty site.

Both of them seem to indicate that they are not sure if braggs case will stand up.

I was also listening to dean obiedallah today, and he’s hardcore progressive. He has a frequent guest Danny Cevallos who is an attorney. Now cevallos does seem to sometime buck the trends, but he said today that braggs case was problematic.

 

[ThisIsMe]

It’s what media does. : shrug :

It’s the Internet equivalent of click bait.

I don’t rely on their “thoughts” to determine what to think. I like reading the documents themselves. You’ll notice I tend to post “this is what a document says” not “this is what someone else’s opinion of what the document says”.

When I link articles it’s for a quotes, dates, times, etc. (Typically)

WW

Normally I’d agree with you. I generally think media is the problem with the country, however, in this case, you have media from the left and the right agreeing with each other, and that’s telling

 

[ThisIsMe]

I can respect your opinion.

But the fact is the indictment does show the charges. The legal strategy the underlying enhancement may not be needed in the indictment since the link is clearly in the statement of facts.

To say the defendant “doesn’t know” is false.

WW

You may be right. I guess we’ll have to wait until a later time to see if Bragg tries to pull something out of his hat at the last minute.

 

[ThisIsMe]

There is no such hurdle. There's absolutely nothing in that law stipulating the underlying crime can't be against the United States. All there has to be is either any crime, or the cover up of a crime. Not even a crime he committed.

We’ll, people who analyze this stuff for a living…including from the left, don’t agree.

 

[ThisIsMe]

You shouldn't. He's not being honest

I’m being honest, just because you don’t like what I have to say doesn’t mean I’m not being honest.

 

[Hutch Starskey]

You may be right. I guess we’ll have to wait until a later time to see if Bragg tries to pull something out of his hat at the last minute.

We don’t have to wait for anything. The indictment is done.

The only question is which motions will the Trump team file. As the options are not infinite, that is even pretty clear.

I have no doubt that this judge will set a high standard for any motion filed.

That means the Trump team will not likely find relief in doing so.

 

[Lesh]

I’m being honest, just because you don’t like what I have to say doesn’t mean I’m not being honest.

When you ask a question and have it answered...that's honest.

When you have it answered and ignore the answer over and over and over...THAT is not honest.

You've done the latter

 

[ThisIsMe]

When you ask a question and have it answered...that's honest.

When you have it answered and ignore the answer over and over and over...THAT is not honest.

You've done the latter

No, that’s called debate. I don’t agree with your answer, it doesn’t mean I’m being dishonest