20 Apr '24 15:301 editRight wingers here are repeating the same nonsense they did a year ago that I debunked in this thread: https://www.redhotpawn.com/forum/debates/bonus-question%E2%80%A6.196665
I also made some predictions, like a motion to dismiss on Statute of Limitations grounds, would be denied by the trial judge. It was here: https://casetext.com/case/people-v-trump-20
But as a reminder:
Despite what Average Joe keeps repeating, DA Bragg did not charge Donald Trump with a Federal crime. He charged him with 34 counts of this one:
NY Penal Law "§ 175.10 Falsifying business records in the first degree. A person is guilty of falsifying business records in the first degree when he commits the crime of falsifying business records in the second degree, and when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof. Falsifying business records in the first degree is a class E felony."
As to the object crimes, Bragg is basing the "intent to commit another crime" which elevates the charge from a misdemeanor 2nd Degree to a felony First Degree Falsifying business records, Bragg uses three theories any one of which the Judge found adequate to sustain the charges at this point (a fourth was rejected):
"(1) The People allege that Defendant "violated federal election laws because the payoffs to both McDougal and Daniels violated FECA's restrictions on corporate and individual contributions." People's (Apposition pg. 24 The People presented evidence to the Grand Jury that Cohen pled guilty in the Southern District of New York to violating FECA for engaging in the very acts which are at issue here, i.e. making unlawful campaign contributions and that he did so at the direction of, and in coordination with, "a candidate for federal office," later identified as Donald J. Trump - the Defendant herein.
(2) Under the second theory, the People allege that Defendant intended to violate N.Y. Election Law § 17 152 by conspiring to "promote the election of any person to a public office...by entering a scheme specifically for purposes of influencing the 2016 presidential election; and that they did so by 'unlawfull means,' including by violating FECA through the unlaw individual and corporate contributions by Cohen. Pecker, and AMI; and...by falsifying the records of other New York enterprises and mischaracterizing the. nature of the repayment for tax purposes." People's Opposition at pg. 25.
(3) Under die third theory, the People allege that the Defendant intended to violate New York fax Law §§ 1801(a)(3) and 1802. this theory is premised on evidence introduced to the Grand Jury that when Cohen was reimbursed for the $1.30,000 payment he made to Daniels, the amount he received was "grossed up" to compensate him for taxes he would have to pay on the reimbursement."
"The Court has considered the respective arguments of the parties and finds that the evidence presented to the Grand Jury for the first three theories was legally sufficient to support the intent to commit the "other crime" element of falsifying Business Records in the first Degree."
https://casetext.com/case/people-v-trump-20 pp. 13-14
Finally, the Statute of Limitations defense was rejected as I predicted though on grounds I hadn't thought of:
"Although conduct described in the Indictment occurred more than five years prior to the filing of the Indictment, the Governor's Orders tolled "any specific time limit for the commencement" of any felony through May 6, 2021. Thus, the deadline for the prosecution of the alleged conduct was extended by one year and 47 days. In other words, this felony prosecution had to be commenced within 6 years and 47 days from when the crimes were allegedly committed. The earliest conduct described in the Indictment allegedly occurred on February 14, 2017. The tolled period or extension for commencing the action thus brought the conduct described in the Indictment within the prescribed five-year time limit.
Since the Court finds the Indictment was timely brought as a result of the tolling occasioned by the Governor's Executive Orders, it declines to address the People's other theory pursuant to CPI- § 30.10(4)(a)(1), that the filing deadline was also extended because Defendant was continuously out of New York."
p. 24
Hope that helps.
I also made some predictions, like a motion to dismiss on Statute of Limitations grounds, would be denied by the trial judge. It was here: https://casetext.com/case/people-v-trump-20
But as a reminder:
Despite what Average Joe keeps repeating, DA Bragg did not charge Donald Trump with a Federal crime. He charged him with 34 counts of this one:
NY Penal Law "§ 175.10 Falsifying business records in the first degree. A person is guilty of falsifying business records in the first degree when he commits the crime of falsifying business records in the second degree, and when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof. Falsifying business records in the first degree is a class E felony."
As to the object crimes, Bragg is basing the "intent to commit another crime" which elevates the charge from a misdemeanor 2nd Degree to a felony First Degree Falsifying business records, Bragg uses three theories any one of which the Judge found adequate to sustain the charges at this point (a fourth was rejected):
"(1) The People allege that Defendant "violated federal election laws because the payoffs to both McDougal and Daniels violated FECA's restrictions on corporate and individual contributions." People's (Apposition pg. 24 The People presented evidence to the Grand Jury that Cohen pled guilty in the Southern District of New York to violating FECA for engaging in the very acts which are at issue here, i.e. making unlawful campaign contributions and that he did so at the direction of, and in coordination with, "a candidate for federal office," later identified as Donald J. Trump - the Defendant herein.
(2) Under the second theory, the People allege that Defendant intended to violate N.Y. Election Law § 17 152 by conspiring to "promote the election of any person to a public office...by entering a scheme specifically for purposes of influencing the 2016 presidential election; and that they did so by 'unlawfull means,' including by violating FECA through the unlaw individual and corporate contributions by Cohen. Pecker, and AMI; and...by falsifying the records of other New York enterprises and mischaracterizing the. nature of the repayment for tax purposes." People's Opposition at pg. 25.
(3) Under die third theory, the People allege that the Defendant intended to violate New York fax Law §§ 1801(a)(3) and 1802. this theory is premised on evidence introduced to the Grand Jury that when Cohen was reimbursed for the $1.30,000 payment he made to Daniels, the amount he received was "grossed up" to compensate him for taxes he would have to pay on the reimbursement."
"The Court has considered the respective arguments of the parties and finds that the evidence presented to the Grand Jury for the first three theories was legally sufficient to support the intent to commit the "other crime" element of falsifying Business Records in the first Degree."
https://casetext.com/case/people-v-trump-20 pp. 13-14
Finally, the Statute of Limitations defense was rejected as I predicted though on grounds I hadn't thought of:
"Although conduct described in the Indictment occurred more than five years prior to the filing of the Indictment, the Governor's Orders tolled "any specific time limit for the commencement" of any felony through May 6, 2021. Thus, the deadline for the prosecution of the alleged conduct was extended by one year and 47 days. In other words, this felony prosecution had to be commenced within 6 years and 47 days from when the crimes were allegedly committed. The earliest conduct described in the Indictment allegedly occurred on February 14, 2017. The tolled period or extension for commencing the action thus brought the conduct described in the Indictment within the prescribed five-year time limit.
Since the Court finds the Indictment was timely brought as a result of the tolling occasioned by the Governor's Executive Orders, it declines to address the People's other theory pursuant to CPI- § 30.10(4)(a)(1), that the filing deadline was also extended because Defendant was continuously out of New York."
p. 24
Hope that helps.
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