How can Trump be charged federally in a state court?

[Cellblock2429]

YOU are the one who is clueless

/——/ I guess you know more than Alan Dershowitz. Aren’t you special.
“In order to turn the state statute into a felony, you have to borrow a federal statute,” Dershowitz told The Epoch Times in an interview earlier in March. He said that this combining of laws “seems to raise real serious legal questions.”

“Nobody should ever be arrested based on made-up laws or combining a federal and state statute,” Dershowitz told The Epoch Times in an interview on March 18. “I taught criminal law for 50 years at Harvard, and the one rule was, no creativity is permitted by prosecutors. The law has to be clear.”

‘Worst Case of Prosecutorial Abuse’: Alan Dershowitz Reacts to Trump Indictment

Harvard Law School Professor Emeritus Alan Dershowitz has responded to the news that former president Donald Trump will be indicted. “In 60 years of practice, this is the worst case of prosecutorial abuse I have ever seen,” Dershowitz said in a call with The Epoch Times on Thursday. Dershowitz...

www.ntd.com

 

[Lesh]

/——/ I guess you know more than Alan Dershowitz. Aren’t you special.
“In order to turn the state statute into a felony, you have to borrow a federal statute,” Dershowitz told The Epoch Times in an interview earlier in March. He said that this combining of laws “seems to raise real serious legal questions.”

“Nobody should ever be arrested based on made-up laws or combining a federal and state statute,” Dershowitz told The Epoch Times in an interview on March 18. “I taught criminal law for 50 years at Harvard, and the one rule was, no creativity is permitted by prosecutors. The law has to be clear.”

‘Worst Case of Prosecutorial Abuse’: Alan Dershowitz Reacts to Trump Indictment

Harvard Law School Professor Emeritus Alan Dershowitz has responded to the news that former president Donald Trump will be indicted. “In 60 years of practice, this is the worst case of prosecutorial abuse I have ever seen,” Dershowitz said in a call with The Epoch Times on Thursday. Dershowitz...

www.ntd.com

This is the same Dersh that just said Trump would be convicted and he wants nothing to do with the case...right?

 

[Cellblock2429]

This is the same Dersh that just said Trump would be convicted and he wants nothing to do with the case...right?

/——/ Your point? He’s a respected authority regardless if he wants to be a part of the case.

 

[mudwhistle]

You don't seem to have a clue here.

He's using NY State laws concerning illegally reporting payments in furtherance of a Federal election crime committed by someone else (Cohen).

Oh...I have a clue....but it's absolute hogwash. He's accusing Trump of a felony that someone else committed, over a matter that isn't illegal.

What this fat fuck did was scour the statutes looking for something he could charge Trump with in a clear attempt to bring a politically motivated indictment to charge against Biden's primary opponent in the next election. This is nothing but election tampering. It's a continuation of the raid on Mara-Lago. Purely politically motivated, especially since Biden had to admit he had boxes upon boxes of classified documents in his possession from when he was a senator.

 

[mudwhistle]

 

[Hutch Starskey]

You have no idea of what it is to be American.

It means that no one is above the law.

 

[Lastamender]

It means that no one is above the law.

Except Comey, McCabe, Brennan, Clapper, Fauci, Biden and Killary. GFY.

 

[Hutch Starskey]

Ok, but how is it a crime? I mean, until they do something with it, it’s just ink on paper, the only actionable offense is the actual issuing of a check, isn’t it?

I mean, if the false information is still in the books when they file the taxes and they try to claim a deduction on it, or if they try to use it to lie in an audit, I get that, but just making an entry in a ledger that nobody else will see, I don’t see the issue there.

The whole endeavor was fraudulent from start to finish. Each step of that endeavor is a component of the overall endeavor.

 

[mudwhistle]

The 34 illegal false business entries were to cover up one hush money payment.

Cohen went to prison for the one hush money payment.

Trump is indicted for the 34 false business entries which were made to reimburse Cohen.

It really is not difficult to understand IF YOU WANT TO.

The 34 alleged false business entries weren't to cover up anything.
That is an assumption by the New York DA using false statements by a convicted perjurer.
He's assuming that Trump's retainer fees paid to Michael Cohen are payback for hush money.
He has to prove this in court.
But there's this signed statement from Michael Cohen's lawyer that states the facts.
If Cohen changed his official statement to keep from being in prison...that will come out if it ever goes to trial.

 

[Lesh]

The 34 alleged false business entries weren't to cover up anything.
That is an assumption by the New York DA using false statements by a convicted perjurer.
He's assuming that Trump's retainer fees paid to Michael Cohen are payback for hush money.
He has to prove this in court.
But there's this signed statement from Michael Cohen's lawyer that states the facts.
If Cohen changed his official statement to keep from being in prison...that will come out if it ever goes to trial.

View attachment 773782

And he believes he can prove it on court.

We shall see

 

[mudwhistle]

And he believes he can prove it on court.

We shall see

He can't prove it in court....because it's a lie.
The guilty party has already served a sentence for the crime he's trying to claim Trump is guilty of.
The crime here is running for POTUS as a Republican against the Deep State.

 

[WorldWatcher]

He can't prove it in court....because it's a lie.
The guilty party has already served a sentence for the crime he's trying to claim Trump is guilty of.
The crime here is running for POTUS as a Republican against the Deep State.

The indictment is not that Trump committed Cohen’s crime. It’s that he aided in the concealment of Cohen’s crime which is what raised Trumps Business Tecord crime to a felony.

Is it really that hard to understand?

Not saying that Trump will be convicted, but that is the logic of the charge.

WW

 

[Hutch Starskey]

He can't prove it in court....because it's a lie.
The guilty party has already served a sentence for the crime he's trying to claim Trump is guilty of.
The crime here is running for POTUS as a Republican against the Deep State.

Trump was named as Cohen’s “unindicted co-conspirator”. Named “individual 1”.

 

[ThisIsMe]

Nope. To conceal the felony that sent Cohen to jail. Glad we cleared that up. I'd rather not repeat myself to you again

You seem confused. He never made any such assertion. He said that there WAS (that's past tense) intent to cover up that felony mentioned above

Stop listening to those people then because they are wrong or lying. Cohen went to jail on a felony conviction

You failed to read your own linked post

But Bragg has brought the charges -- which by themselves, are misdemeanors -- as felonies. That will require his team to show that the records were falsified with the intent to conceal or further another crime, yet Tuesday's court papers provided only a little clarity on how Bragg intends to establish an underlying crime.

Ok, so then, if we already know all this, if this is what they are hanging the felony on, then why didn’t Bragg just say it? He seemed to want to keep it secret, like he has something up his sleeve, but apparently, it took less than 5 minutes for the internet to foil his secret.

Odd..

 

[ThisIsMe]

/----/ "Under New York state law, it is a felony to falsify business records with intent to defraud, intent to conceal another crime," Manhattan District Attorney Alvin Bragg said.
What other crime?

So, the allegation is that they falsified the reason for the payments to cohen. They listed the payments as “legal expenses” but in fact they were for the repayment of the hush money payment, which is a campaign finance violation.

So, each time they made a payment and labeled it as “legal expenses”, they did so to conceal the payment true purpose, which was a campaign finance violation, and thus the 34 counts. At least that’s the understanding I have

 

[Lesh]

Ok, so then, if we already know all this, if this is what they are hanging the felony on, then why didn’t Bragg just say it? He seemed to want to keep it secret, like he has something up his sleeve, but apparently, it took less than 5 minutes for the internet to foil his secret.

Odd..

He didn’t specify the adjacent felony because NY State law does not require it.

Glad we cleared that up

 

[YoursTruly]

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How do you link a question, when you're asking for facts?

 

[ThisIsMe]

/----/ NOPE.
Bragg released an indictment that was so vague on key elements that it is unclear what the grand jury thought it was voting on. He vaguely referenced state and federal election laws and later refused to add any details on how they relate to the prosecution.

The result is an indictment with the substance of a legal Slurpee: it was immediately satisfying for many with virtually no legal substance.

Bragg solved the problem over his uncertain authority by avoiding any specificity on that authority. He could have put “details to follow” in the caption of the indictment.

Bragg’s case is a legal mess â what is he even charging Trump with?

At some point, Bragg will have to state the actual criminal basis for these 34 counts. Until then, history — and Trump — will simply just have to wait for Alvin Bragg.

nypost.com

That’s the thing I don’t get. Why didn’t Bragg just indict him for campaign finance violations? I mean, that’s what this all boils down to. Why go the round about way with the concealment angle?

 

[ThisIsMe]

He didn’t specify the adjacent felony because NY State law does not require it.

Glad we cleared that up

I understand that, but why the games? Why not just come out and say it, I mean, apparently it didn’t take the internet but a couple of minutes to figure it out. I’m just curious as to why he wouldn’t include the felony as part of the indictments?

 

[Lesh]

I understand that, but why the games? Why not just come out and say it, I mean, apparently it didn’t take the internet but a couple of minutes to figure it out. I’m just curious as to why he wouldn’t include the felony as part of the indictments?

No games. It is not required.

End of story