Is Braggs stretching it with a felony?

[WEATHER53]

Pathetic dodge noted, Simp.

Wow you are right
Simp is trying to assert question hall monitor

 

[Flopper]

Bragg will have to prove that Donald J Trump, Himself, not two others, committed the crime of falsification of business records to conceal what Bragg believes is a federal election law violation, which he has to prove Trump did.

Maybe try it on for size.

Proving that Trump falsified the business records should be pretty easy. Bragg has the business records, Trump's checks written to Cohen, his checks stubs (check register) and Cohen's invoices detailing his charges. In a business check register, the purpose of each check tells the bookkeeper how it should be recorded. Most probably the purpose is listed as legal fees. Also keep in mind that Bragg also has access to the evidence that the feds gathered in the Cohen case.

I think it's going to be very difficult for Trump's lawyers to counter Bragg's evidence showing that Trump did falsify business records for the purpose of covering up the fact that he was a co-conspirator in the Cohen and David Pecker cases. Jurors will be asked who would benefited from the illegal hushmoney payments and the coverup scheme and who paid for it? The answer is going to be Donald Trump.

 

[WEATHER53]

Simps still feel banks were deceived while truth is banks do not follow Trumps value estimation but rather employ their own staff appraisers for such a determination.
Ignore that fact though because it’s much more emotionally wishful to keep on blubbering and Pearl clutching

 

[Flopper]

You are aware Cohen was charged and plead guilty to exceeding federal campaign contribution limits and not some nefarious scheme to hide and/or falsify records, don't you?

A criminal case would have required proving that Trump "knowingly and willfully" violated federal election law. But it is not clear that Trump had the requisite intent, because he seemed confused about what federal election law requires.
Such confusion would be understandable. "The best interpretation of the law is that it simply is not a campaign expense to pay blackmail for things that happened years before one's candidacy—and thus nothing Cohen (or, in this case, Trump, too) did is a campaign finance crime," former FEC Chairman Bradley Smith wrote in a 2018 Reason essay. "But at a minimum, it is unclear whether paying blackmail to a mistress is 'for the purpose of influencing an election,' and so must be paid with campaign funds, or a 'personal use,' and so prohibited from being paid with campaign funds."
The New York case against Trump is based on a state law that makes it a misdemeanor to falsify business records "with intent to defraud." Trump did that, Bragg thinks, when his business falsely identified Cohen's reimbursement as payment for legal services. The misdemeanor becomes a Class E felony, punishable by up to four years in prison, when the defendant's "intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof." But if Trump did not think the payment to Daniels violated federal election law—and if it is in fact unclear that it did, as Smith argues—it is hard to see how he could have intended to "conceal" that alleged crime.


You seriously think so?


You are reaching, provide context.

Bragg is not charging Trump with violation of election law. The election laws were violated by Cohen. That case has already been settled as has the case involving the Enquirer and David Pecker. This case is about Trump falsifying business records to coverup his financing of the illegal activity of Cohen and David Pecker of the Enquirer.

 

[Delldude]

I disagree with those you choose to listen to for a couple of reasons:

They have spent their careers prosecuting, defending and teaching the laws Bragg is attempting to pursue.

I'll stick with their experience.

 

[Delldude]

Proving that Trump falsified the business records should be pretty easy. Bragg has the business records, Trump's checks written to Cohen, his checks stubs (check register) and Cohen's invoices detailing his charges. In a business check register, the purpose of each check tells the bookkeeper how it should be recorded. Most probably the purpose is listed as legal fees. Also keep in mind that Bragg also has access to the evidence that the feds gathered in the Cohen case.

I think it's going to be very difficult for Trump's lawyers to counter Bragg's evidence showing that Trump did falsify business records for the purpose of covering up the fact that he was a co-conspirator in the Cohen and David Pecker cases. Jurors will be asked who would benefited from the illegal hushmoney payments and the coverup scheme and who paid for it? The answer is going to be Donald Trump.

Case has to be made it was a campaign contribution.

 

[Faun]

Case has to be made it was a campaign contribution.

Which one?

McDougal? The FEC already determined that was a campaign contribution.

Daniels? The DoJ already determined that was also a campaign contribution.

 

[WorldWatcher]

They have spent their careers prosecuting, defending and teaching the laws Bragg is attempting to pursue.

I'll stick with their experience.

Go for it.

I'll watch what actually happen in the court.

WW

 

[Delldude]

Go for it.

I'll watch what actually happen in the court.

WW

So will they.

 

[Delldude]

Which one?

McDougal? The FEC already determined that was a campaign contribution.

Daniels? The DoJ already determined that was also a campaign contribution.

Why did NY fed prosecutors decide not to pursue charges against Trump then?

 

[WEATHER53]

Why did NY fed prosecutors decide not to pursue charges against Trump then?

Non witch hunters

 

[WorldWatcher]

So will they.

No doubt.

WW

 

[WEATHER53]

It was stretched from the start

 

[Faun]

Why did NY fed prosecutors decide not to pursue charges against Trump then?

Why are you asking me? Ask them.

 

[Flopper]

Case has to be made it was a campaign contribution.

Not in the case Bragg is bring against Trump. Trump is not being charged with the violation of any election. laws.

Brag will show evidence that Trump falsified business records. Then he must show that the purpose of falsification of records was in connection with a crime. That crime will most likely be Cohen's convoluted illegal scheme to hide hushmoney payments which Cohen has pled guilty.

I think Bragg's biggest job is going to be showing how Trump's falsification of records was connected to the crime, not the fact that the crime existed. That was settled when Cohen pled guilty to it. However, Bragg will probably have to go thru the whole scheme so the jury understands the crime and what part Trump played in it.

 

[Admiral Rockwell Tory]

I didn't see Trump laughing today.

He won't be laughing when a jury of 12 of his fellow New Yorkers get to decide.

If they are stupid enough to convict him of a felony that did not exist, Trump will be laughing his ass off when it is overturned on appeal.

 

[Admiral Rockwell Tory]

Except the evidence isn't really in dispute.

He did fuck Stormy Daniels and Karen McDougal.
He did pay them to keep quiet about it before the election.
He did file paperwork that tried to disguise the payments.

Were you hiding in the closet or were you under the bed? That's the only way you would know that was true.

 

[Flopper]

If they are stupid enough to convict him of a felony that did not exist, Trump will be laughing his ass off when it is overturned on appeal.

In New York, falsification of business records becomes a felony only if the falsification is done with intent to commit another crime or to aid or conceal the commission thereof..... The crime being concealed does not have to be felony. However, in this case what is being concealed is a scheme to hide hushmoney payment which included the commission of a number of crimes, some felonies and some misdemeanor. These crimes in the scheme have already been adjudication with the guilty plea of Cohen and the fine levied on David Pecker. Thus they are a matter of record requiring no further proof. What has to be proved is the falsification of records was intended to conceal the scheme and thus the included crimes.

 

[Delldude]

Video has 5 million views in less than an hour. Nice timing on the release.

 

[Delldude]

I think Bragg's biggest job is going to be showing how Trump's falsification of records was connected to the crime, not the fact that the crime existed.

I read he has to prove willful intent to commit a crime and not some bookkeeping entry error. We'll see.