Below is my column in the New York Post on the release of the indictment against former President Donald Trump. Warning: it has no legally nutritional content…
Here is the column:
“We cannot and will not normalize serious criminal conduct,” Manhattan District Attorney Alvin Bragg said of his indictment of former president Donald Trump.
Yes, the man who has routinely knocked down felony crimes to misdemeanors — or dismissals — actually suggested that he had no alternative but to charge Trump with 34 counts of falsifying business records.
He insisted, our “business integrity” is at stake. After all, as Bragg intoned with no sense of self-awareness, he has always believed that “the bedrock of the basis for business integrity and a well-functioning business marketplace is accurate record-keeping.”
It is all about a well-functioning business marketplace — not his campaign pledge to bag Trump on some (unnamed) crime.
When people think Bragg, they think business.
The first indictment of a former American president was a historical moment, and Bragg failed to rise to that moment.
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.
Legal experts went immediately into a frenzy over what this could mean and exactly what was the crime that Trump was allegedly covering up with payments to cover up alleged affairs with three women.
If these experts were left scratching their heads on such key elements, how did laypersons on a grand jury understand the basis for this indictment?
We may learn more from the bill of particulars, but this indictment is unintelligible from a legal perspective in understanding the basis for the prosecution.
After the arraignment, Bragg made sweeping references to state and federal election laws before saying that he didn’t have to give such details. He just filed the first charges against a former president and refused to specify the basis for the felonies.
He then held a press conference and refused to answer questions about this basis because he “doesn’t have to.”
What is particularly maddening is that, while Bragg refused to explain the basis for the indictment, he did undermine his own case . . . whatever it may prove to be.
He insisted that Trump could not be allowed to use “fictitious legal services” for political purposes. As with his claimed intolerance for criminal conduct, Bragg’s professed outrage was bizarre given analogous conduct by Democrats like Hillary Clinton on campaign-finance allegations.
The Clinton campaign had previously denied funding the dossier, which was used to push false Russia collusion claims against Trump in 2016, and it buried the funding in the campaign’s legal budget through former Clinton campaign General Counsel Marc Elias.
Last year, the Federal Election Commission fined the Clinton campaign for funding the Steele dossier as a legal expense. Those fictitious legal services did not produce the same revulsion in Bragg or other prosecutors.
This is no time for the niceties of reason in an age of rage. Bragg showed that the only important thing was the name on the indictment caption rather than its basis.
That reality was evident in a new CNN poll. Over half (52%) said that politics had played a “major role” in the indictment. Over three-fourths (76%) said that the move was at least somewhat political. More importantly, only one-third (37%) thought that Trump’s alleged payments to Stormy Daniels were illegal. However, 60% said that they still supported charging Trump. So it is a political prosecution and most do not see a crime, but it is still supported by many citizens.
In Manhattan, the basis for charges against Trump is largely irrelevant. This is a thrill kill case and Bragg just delivered on his campaign promise to bag Trump on something . . . anything. We still do not know what that was, but it does not matter.
Bragg knows his audience. The question is whether he knows this judge. Bragg is counting on Judge Juan Merchan being intimidated or distracted by the historical moment. Even if he is right, Merchan will not be the last judge who will have to review this case.
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.
Jonathan Turley is an attorney and a professor at George Washington University Law School.
Well he certainly is not relying on “defrauud” the electorate! ,since hilly took by 59\36 on ny. And the Supremes have already said that is no standing on that front…re Ken Paxton et al. So we can easily toss out the ‘attempt to defraud the electorate” part of his case…if any! So he’s left with private business record….they don’t look at give the Clinton global initiative the same treatment. The same scrutiny at all! But that’s not the law…..it’s business records. Yet were these? A fortor I trump off keeps some books….but that the accountant did x y z doesnt change grantor trusts or personnel bank accounts.!! The only thing then must be taxes. Bragg must have something on taxes. I’m confident tmp can pay then….without life in jail! Especially since any way he characterised it would be a load lose same penalty. Hence the rule of lienety l
O T
DM is reporting that a 19 year old Colorado “woman” was arrested for planning to shoot up both schools and churces. “She” was anti-Trump, anti-capitalist, and apparently anti-Christian:
“A transgender teen is in custody after authorities say they recovered a manifesto detailing her plan to attack three schools and churches in Colorado just four days after Audrey Hale murdered six people at the Covenant School in Nashville. William Whitworth, 19, who goes by the name Lilly and is referred to with female pronouns in arrest documents, was arrested on March 31. She was a student in the school district that she planned to attack between 2014 and 2016, authorities say. In a manifesto that was recovered in her home, Whitworth called Columbine killers Eric Harris and Dylan Klebold ‘losers,’ said that Sandy Hook shooter Adam Lanza was ‘smart’ and that ex-President Donald Trump was a ‘con man.’ She was also in possession of The Communist Manifesto.”
https://www.dailymail.co.uk/news/article-11948149/Transgender-Colorado-woman-19-arrested-plot-shoot-THREE-schools-churches.html
He/she has a bright future in one of our universities.
Another partisan abortion of a legal analysis from the man who will twist and squirm and strain every way possible in order to arrive at his tribalist pre-determined conclusions. You were spewing this nonsense before even having the indictment and statement of facts in your hands, you KKKlown….like a doctor diagnosing a patient he’s never met or even been in the same room with. You can whine all you want that Cohen and Pecker aren’t credible, but we all know mob bosses and other forms of crime boss higher up the chain are regularly convicted when their fellow criminal underlings testify against them, and Cohen and Pecker have the goods. Your desperate, dismissive, puerile wish-think is going to age like Casu Martzu on an an August sidewalk in in the Atlanta sun. And we’re not fooled. We all know the reason you do it and the purpose of you going on the lying, demagoguing, cutlural resentment grievance propaganda faucet Faux News all the time to spew these ridiculous failures of legal analysis: BECAUSE IT WILL MAKE THE MAGAt KKKULT ALL THE ANGRIER WHEN YOUR PREDICTIONS DON’T COME TRUE, AND THAT WILL IN TURN BRING THEM CLOSER TO VIOLENCE, WHICH IS THE ENTIRE PURPOSE OF THE FAUX NEWS/RIGHT WING MEDIA COMPLEX. 60+ years of Southern Strategy, symbiosis with the NBRA and Christian dominionists to establish the holy army of Manifest Destiny, and then November 4, 2008 kicked off your End Game…and we all know why. NOBODY’S FOOLED.
New York City’s and New York State’s new model “legal” system:
There are a great many people who are trying to make it impossible for Trump to run in another Presidential election. Simple way to achieve this goal without breaking the constitution or any law is to just ELECT HIM. Then he’d have served his 2 terms and not be able to run for president again. If you want to stop Trump from running for president again, vote for him.
I don’t want to stop him from running.
I will vote against him because I do not want him to be President again.
That is a sane response. What is not sane is Bragg, 2 impeachments and all the other claims including those that failed. I assume your sane response is not linked with the rest. Then again my assumption might be wrong.
The impeachments didn’t fail. Trump was successfully impeached twice.
impeachment is an indictment. This “indictment” will turn out like the 2 impeachments….no thats not true. This indictment lacks a true bill, an honest Judge will toss the indictment soon.
Say it with us: Trump was AQUITTED.
One more time for the slow people in the back: Acquitted. Trump was ACQUITTED. Look up what it means.
Earlier Dennis McIntyre wrote that the right wing news media jumped in on the weakness of the charges against Trump. Dennis I guess you missed this one from The NewYork Times. https://www.nytimes.com/2023/04/05/opinion/trump-bragg-indictment.html. I’ve also got one from CNN but I’m holding it in reserve for when you have repeated the same talking point for the forth time. Yes sir them there right wing media like The NewYork Times and CNN. Ya gotta watch out there for their right wing propaganda. Sorry to hit you with a little reality Mr. McIntyre, knowing that it pains you so.
Eric Columbus: “Starting a thread of takes on the @ManhattanDA Trump indictment that are worth reading — pro, anti, and ¯\_(ツ)_/¯. Helps me to have them all in one place (in no particular order). Maybe others will also find it useful. …”
https://twitter.com/EricColumbus/status/1644000716086820865
Tennessee House Speaker Cameron Sexton declined in 2019 to expel a Rep. who was accused of, and later admitted to, sexually abusing 3 underage girls.
Tonight he voted to expel 3 Democratic Reps for protesting on the House floor against kids getting shot in their own classrooms.
That’s GOP values for you.
For those keeping score at home…
Things that WILL NOT get you expelled from the TN state legislature:
– child molestation
– domestic violence
– federal investigation
– peeing on your colleague’s chair
Things that will:
– fighting to protect kids from gun violence
And oh look, the Tennessee Speaker, Mr. Rules & Decorum, has been submitting per-diem expenses pocketing tens of thousands for daily travel “home” to Crossville, when, in fact, he’s been living full-time in Davidson County. Clearly he cares about rules, right?
So preventing official legislative session is not a crime…good to know.
These Representatives — not interlopers — weren’t “preventing official legislative session.”
What were they doing except adding accelerant onto the hot coals while they occupied seats preventing duties from being carried out. Were you there with them twiddling your toes?
I think in your own immature way you are trying to say some GOP leaders were a bit heavy handed.
Perhaps, but that likely is in part due to the Stupid J6 committee and the stupid people that supported it. The left has created a destructive type of leadership.
False. They were expelled for being black and everything else was just pretense.
Bye Felicia!
“Things that will [get you expelled]:
– fighting to protect kids from gun violence”
“For those keeping score at home…” I, the deceitful one, lie through my teeth. Why do I chronically lie? Because doing so is a means justified by the Left’s lust for power.
As you’ve said to another, Sam, “When you can’t pound the facts, pound the witness — a sure sign of a losing case and of a vacuous mind.”
Anonymous, citation please.
Jones and Brown, “Tennessee Capitol protest explainer: Here’s what did and did not happen”. Nashville Tennessean (April 4, 2023):
“More than a 1,000 peaceful protestors rallied around Tennessee’s state Capitol on March 30 calling for more restrictive gun laws. Many made their way into the Capitol in a demonstration top Republican lawmakers have likened to “an insurrection.” No demonstrators broke into the Capitol, no one was arrested or injured, and no property was damaged. But legislative business in the House was brought to a halt when three elected Democratic representatives stood at the podium with a bullhorn to lead protestors in the galleries in calls for gun reform.”
So, three Democratic representatives led unauthorized people into the House’s meeting, and walked up to the podium and used a bullhorn to stop leglslative proceedings. This is far beyond anything the Q’Anan Shaman did in the national capitol on Janaury 6, 2021, and he was sent to prison for 41 months.
You and I have different opinions about that.
There is something known as being right. You have a different opinion. Is that being wrong?
BTW, why did they expel the two Black men but not expel the White woman? According to you, all “three elected Democratic representatives stood at the podium with a bullhorn to lead protestors in the galleries in calls for gun reform.”
The white woman had 1 vote more of self control. Didn’t you know that?
Anonymous – As to why she was not expelled, I must assume that the some of the legislators found her behavior less egregious. The fact that they acted together does not mean that they acted the same. That is a more likely reason than blaiming racial prejudice. In any event, they were not given long prison sentences.
You’re the one who said “three elected Democratic representatives stood at the podium with a bullhorn to lead protestors in the galleries in calls for gun reform.” Do tell: how was “her behavior less egregious”?
ATS, look it up yourself. No one should deal with you respectfully and add credibility to a consistently disrespectful person.
In answer to the question, reports say she was not involved in some activities, including screaming. That changed one vote.
Take note of how the leftists are rioting. Based on J6 standards, many of them, including the three legislators, should be jailed, placed in solitary, and denied legal protection. Discovery rules should not apply.
I, a supporter of our Constitution, believe what happened to the J6 protestors was illegal and authoritarian. You do not respect the Constitution, so you should not argue with treating the TN protestors in the illegal fashion afforded to those protestors on J6.
“. . . for protesting on the House floor . . .”
Not the reason the two were expelled. But do feel free to carry on with your deceits.
Jonathan: When/if the Bragg case against CDDT goes to trial we will learn how the former president lied and cheated his way into office. But we don’t have to wait for that jury verdict. The evidence is already in about CDDT’s lying and cheating–from his golf game, his favorite sport he plays almost every day.
We know this from Rick Reilly who gave a speech back in 2020 to the New York State Writers Institute. It’s on You Tube. Everyone should watch that funny speech. For those not familiar with golf, Reilly is one of America’s preeminent sports writers and author of of the NY Times best seller “Commander in Cheat. How Golf Explains Trump” (2019). Reilly reveals how CDDT cheats (sometimes with help from his caddies and Secret Service agents), lies about his golf scores (the “Trump bump”), and tramples the etiquette of the game. Reilly describes how CDDT’s golf cart is supercharged so he can race ahead of his golf partners. If his golf ball lands in the rough he simply moves his ball back to the fairway. Reilly knows because he has played with CDDT many times.
In his speech to the Institute Reilly relates a story told to him by the guy who runs the caddy shack at CDDT’s Bedminster golf club. The guy told Reilly that CDDT had his caddies carry 4 inch green golf tees (the standard length of a golf tee is 2.125 inches) in their pockets. When CDDT hit his ball into the rough, as he often did, the caddy would place a 4 inch tee next to CDDT’s ball so he could “tee off” from there. When CDDT’s golf partners would call him out for cheating, he would respond: “Hey, I cheat on my wife, I cheat on my taxes. You think I’m not going to cheat at golf on my own course?” When CDDT faces the jury in the Bragg case he will know that his cheating and lying have finally caught up with him!
I can imagine why TDS sufferers might hope for and even expect Trump’s golf game antics to be entered into a trial about a “scheme” to influence the 2016 presidential election, but for anyone not seriously disturbed and distressed by Trumps policies, speech, and behavior such a hope and expectation is not even remotely likely. Until now, you have kept yourself on a reasonably rational course. Don’t fall off now.
Under which NY statute do lies and half-truths by a prosecutor qualifiy as “Statements of Facts”?
(Asking for a friend)
https://judiciary.house.gov/sites/evo-subsites/republicans-judiciary.house.gov/files/evo-media-document/2023-04-06-jdj-to-pomerantz-subpoena_0.pdf
https://www.breitbart.com/politics/2023/04/06/exclusive-jim-jordan-subpoenas-manhattan-prosecutor-who-resigned-over-suspended-trump-probe/
The baseless NY indictment has broken the moronometer, and unfortunately, so has the NY Post where this story supposedly appeared. The NY Post has a no-rule, troll-infested comment section that appears to be designed as a forum for defamation. Enter that disgracefully-libelous comment section at your own peril, same as you enter this one.
There are no longer standards in place for Equal Rights Under the Law, Blind Justice, Innocent til Proven Guilty. Selective justice is by definition “communism”. Absent extraordinary intervention: The American experiment has ended!
Check out the Catholic encyclical 1937 “Against Communision” — “Silence of the press…widespread propaganda paves the way”.
FWIW: Last month, Alan Dershowitz [1] published “Get Trump: The Threat to Civil Liberties, Due Process, and Our Constitutional Rule of Law” [2]. As his new tome is hard to find in independent bookstores, it is not on NYT Bestsellers.
[1] https://www.youtube.com/c/TheDershowWithAlanDershowitz
[2] https://www.amazon.com/Get-Trump-Liberties-Process-Constitutional/dp/1510777814
Jonathan: The Rupert Murdock owned WSJ editorial board has said the 34 criminal counts against the criminal defendant Donald Trump (CDDT) looks “even weaker than we expected”. All the rest of Murdock’s media outlets followed suit and now your column in Murdock’s NY Post. A predictable response from Pavlov’s dog.
We had expected that as Fox’s legal analyst you would be addressing NY Penal Code Section 175.10–the basis for all the counts. We were sorely disappointed you have not addressed the important legal issues–how Bragg could overcome the normal 2 yr. statute of limitations–all the legal issues flowing from the indictment. You simply dismiss the indictment by claiming it “was so vague on key elements that it is unclear what the grand jury thought it was voting on”. That’s an attack on the grand jury that heard months of testimony and reviewed hundreds of documents.
On the contrary, the 34 counts were not “vague”. In the statement of facts, and in Bragg’s press conference, the indictment specifically describes the scheme by CDDT, David Pecker, the owner of the Nation Inquirer, and Michael Cohen to bury stories that might negatively affect CDDT’s 2015 presidential campaign. This scheme was not about protecting CDDT’s marital bliss with Melania! So state and federal campaign laws were violated in the process. You didn’t discuss any of this but simply tried to dismiss the indictment as “unintelligible from a legal prospective”. The only “vagueness” here is your column.
Now CDDT’s attorneys have until August to prepare a motion to dismiss the case along with other motions If a motion to dismiss is denied by Judge Merchan, and any appeal is also denied, the case will probably go to trial sometime next year. In the meantime Merchan warned CDDT against any social media posts or other statements that could incite violence. CDDT ignored that admonition. As soon as he got back to Mar-a-Lago CDDT lashed out at Bragg and the judge.. He referred to Merchan: “I have a Trump hating judge with a Trump-hating wife and family whose daughter worked for Kamala”. CDDT described Bragg as “a criminal”. Language designed to inflame CDDT’s supporters with more death threats. Despite Merchan’s concerns for protecting CDDT’s first amendment rights he may be forced to put a zipper on CDDT’s mouth to protect the judicial process.
“We had expected that…”
“We were sorely disappointed you have not addressed..”
Who is “we?” You, Svelaz, Gigi, and Anonymous?
Let everyone remain objective to whatever extent they can. All that is known from Bragg’s Statement of Facts so far is the allegation of a “scheme” strictly and specifically to influence only the 2016 presidential election. The evidence supporting that allegation is yet to be discovered, addressed in motions and, if need be, weighed by a hopefully disinterested jury at a trial.
Ron A. Hoffman,
“All that is known from Bragg’s Statement of Facts so far is the allegation of a “scheme” strictly and specifically to influence only the 2016 presidential election.”
Turley is always insinuating a lot of things about president Biden’s influence peddling schemes. Clearly he’s not objective when it comes to allegations regarding Biden. This is why he’s called out as a hypocrite.
Biden has not yet been charged and prosecuted with scheming anything. When he is it’s certain Turley will afford him the same considerations. Only malcontents suffering chronic resentment of everything Turley has to offer in cerebral and civil conversations think him a hypocrite. You are of a distinctly insignificant minority who Turley accepts to his blog. It’s a credit to his decency and integrity, but which requires considerable toleration on the part of others. Much like a fly at a picnic table you are tolerated, but never warmly welcomed. But then that has always seemed to be your modus operandi: Here to stir things up among people who have morals and values of which you disapprove.
Attempting to influence elections is legal.
Selling political influence is legal.
The conduct of Trump, Tony Podesta, and Paul Manafort is all legal.
Selling Government power is NOT.
The key question regarding the Biden’s is What was being sold.
Joe Biden was NOT trying to influence the elections.
Hunter Biden was NOT selling anything of discernible Value.
The constant efforts to hide Joe Biden’s involvement.
The ridiculous efforts to pretend Joe was not involved make it
very suspicious to NOW claim that What Hunter was selling Was political influence.
Rather than Government influence.
I would note that you are arguing in the Bragg case that hiding what you are doing is a crime.
Why is that not true in Svelaz world for the Biden’s ?
It is reasonable for us to assume that when something is being hidden that what is being hidden would atleast be embarrassing if not criminal.
But private individuals have the RIGHT to hide their private lives.
Hiding the involvement of government is NOT a right.
Hiding an affair is. Even if it is being hidden to influence an election.
Influencing elections is legal.
Bribery is not legal.
Ballot harvesting is not legal.
Paying for votes is not legal.
Hiding private personal conduct is legal.
Hiding Government conduct is not.
The key question regarding Biden is WHAT influence is being pedalled ?
That of long time political Hack Joe Biden is perfectly legal – though it is disgusting to most of us.
But if the influence being pedalled is that of the VP of the united states – that is a crime.
The Burisma mess Reaks of government corruption.
As to the rest – we do not know for sure. But it sure stinks.
At this moment few are demanding the prosecution of Joe Biden.
But many are demanding an absolutely necescary investigation of the extent to which Government power was being bought and sold by the bidens.
I would note that Even if the Biden influence pedalling schem is otherwise perfectly legal,
and even if the DNC and Biden campaign efforts to cover it up were perfectly legal.
Those of the WH, or the FBI or other government agencies to do so is CRIMINAL.
Government may not suppress speech.
It ALSO may not cover up the private actions of politicians or others.
“was so vague on key elements that it is unclear what the grand jury thought it was voting on”. That’s an attack on the grand jury that heard months of testimony and reviewed hundreds of documents.
You are so blind with TDS, simple things throws your brain into spasms of stupid
Maybe you are just wholly Ignorant of Grand Jurys.
Grand Jury ONLY gets with the DA puts in front of them.
So when Turley says its unclear of what the GJ was voting on. He’s just pointing out Bragg never gave then anything of substance to vote on.
In simple terms, Bragg never presented the Grand Jury with any evidence of a Felony. ONLY the claim of falsifying business records. A Class E misdemeanor.
The GJ may well think that the 34 counts they voted on were “substantial.” And you have no idea what evidence of a felony the GJ saw. The felony law under which Trump was charged only requires that (1) falsification of records in the second degree (“Makes or causes a false entry in the business records of an enterprise”) with intent to defraud where that “intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.” The latter section does not require that he actually committed the other crime. It does not require that the other crime be a felony. The other crime could be local, state, or federal (though federal ones will introduce preemption issues).
“In simple terms,” you are once again dishonest in your discussion.
And you have no idea what evidence of a felony the GJ saw.
with intent to defraud where that “intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.
The purpose of the Grand jury is to here the evidence the govt is going to use to convict the accused. The gives the accused the ability to fashion their defense against the charges.
Exactly how can a defense be built when the prosecutor refuses to identify the actions that make the crime.
While Bragg claims he knows, Zero of that evidence was presented to the Grand Jury for their determination if it meets the threshold to deliver a True Bill.
There is no True Bill delivered for a felony.
The Indictment fails to reach the legal standard.
iowan2 – It seems NY has had ‘Thought Crimes’ as a prosecutorial charge for some time now. Who knew the Tom Cruise film, “Minority Report” was a how-to for New York prosecutors. Marx must be giggling himself silly by now. Orwell with another, ‘I told you so’.
NY election law only apply to those running for local or State Offices.
Federal law is outside Braggs jurisdiction.
This gets worse for Bragg every sweep of the hour hand, and more deficiencies are cataloged.
On the contrary, intent to commit a federal crime counts for purposes of “intent.” But again, we do not know which of the various possibilities Bragg is actually going to argue. Learn patience.
And Trump is free to make your argument in court.
“Learn patience.”
Is that your idea of what the Rule of Law is? Learn Patience when Trump is indicted without criminal charges, but with the Russia hoax, impeach Trump based on something known by the FBI to be false.
You have a unique idea of the Rule of Law.
“Learn patience.” (Yet again.)
I told you so.
Before the indictment: Be patient.
After the indictment: Be patient.
Ad infinitum, ad nauseam.
That “be patient” is a tool used by intellectual bullies, which in fact means: Stop using your brain to pass judgment. Be silent. Be cowed. “Be patient” — until you’re dead.
When you have a weak argument, you lie about what the other person said. NOT “Be silent. Be cowed. “Be patient” — until you’re dead.” That’s your invention.
Learn to distinguish between what is known and what is not known. (You said that you taught logic. This is not a hard distinction to make.) Be patient about learning what is not yet known.
ATS is being deceitful.
For months he promoted theRussia Hoax. Did he wait to hear the truth? No. He reacted to every lie immediately even when they were anonymous and had no basis.
His words can appear sensible until one reads him for awhile and then one realizes he is deceitful and a liar.
The indictment has no criminality so what was the Grand Jury presented with? A NYC jury wanting to hang Trump for anything, no guilt necessary, and a prosecutor who campaigned on getting Trump. The prosecutor is satisfying the people who do not care about the law or the rule of law.
I won’t ask if you support that lawlessness because I know you do.
Legally Pathetic!
The Teamsters Union will purchase 20 million copies of Brotha Bragg’s epic tome when it is released in a couple of months and store them in a Manhattan dump site.
Bragg will be richer than Snoop Doggy Dog!
“how Bragg could overcome the normal 2 yr. statute of limitations”
The 2 year SoL is for misdemeanors. It’s 5 years for felonies. They were charged as felonies: “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 (emphasis added).” The other crime has so far not been specified, and apparently NY law doesn’t require that it be specified now. Also note that the other crime doesn’t have to be charged or proved, only the **intent** to commit it must be proved. Conjectures for that other crime that I’ve read in various sources include: a NY election crime, a federal election crime, a NY tax crime, a federal tax crime, conspiracy. Or it may be something that no one has yet conjectured. There may be issues with federal preemption. Re: the SOL, the last check was cut in Dec. of 2017, and Gov. Cuomo tolled the SoL for the better part of a year due to Covid, so it seems to be within the 5 year SoL.
Explain why the tolling takes place. All of world knows where DJT has been.
It has nothing to do with where Trump was. The SoLs were tolled for *everyone* by Cuomo’s executive order due to Covid: https://www.natlawreview.com/article/governor-cuomo-s-tolling-new-york-statutes-limitation-has-ended-what-did-it
You grab at everything, even empty air. Instead, start grabbing at where Bragg’s wealth of $41 Million came from when he worked from 29 to 49 for a government agency. Salaries must be pretty high in the AG and at the DA’s office. One has to wonder why you aren’t interested in that while you create fantasies to occupy the dead spots in your head.
Remember he is political and a Democrat just like P4P Biden.
But that ended in 2021
The effect did not end in 2021, as is clear from the court cases they cited. It tolled all the SoL’s for over 200 days.
It’s as if you don’t understand what “tolling” means.
Anonymoous – unless my math is off, even accepting the merits of the tolling claim, it appears that Bragg has a problem. Gov. Cuomo’s purported tolling of the SOL was 228 days, A five year SOL would have commenced running on 2/14/17 when Cohen rendered his invoice. A 5 year SOL would have run out on 2/13/22 without the tolling. With the grace period of 228 days, it would have run out on 9/19/22. You might try to argue that the SOL runs from the date of the last check being written (although this is in no way a false entry). But that date, per the indictment, was on 12/5/17, resulting in a normal expiry on 12/4/22, and extended expiry on March 20, 2023. The indictment was filed on April 4, 2023.
The SoL runs from the last act, not the first. The last check was signed in Dec. of 2017. If that’s the last act, the normal expiration would have been 12/4/22. Not sure how you add 228 days (more than 7 months) to that and end up with 3/20/23, rather than mid-July 2023. Some have also argued that the last act was denying he knew about Michael Cohen’s payment to Daniels on Air Force One on 4/5/18, in which case the tolling doesn’t even pay a role.
*play a role.
OK It appears my math may have been off a bit as to the last Count. But the last “act” you refer to was writing a check, which was actually written. The ledger would have been “false” if it failed to reflect that check. The actual crime Bragg is trying to prosecute is a conspiracy to fail to file timely and correct federal campaign financing statements. He can’t charge that crime and he knows it.
This discussion by ATS is all nonsense. Trump didn’t write the checks or decide when to write them. He is not a bookkeeper. Cuomo wrote the SOL executive order after the contrived illegal action occurred. In this case, it is used as a political act by the government to harass its citizens.
ATS should not be permitted to set up the conditions for the argument. Trump is innocent until proven guilty. We need not prove anything to a liar who wastes time turning rocks over until someone makes a forced error which he will then focus on while everyone forgets ATS’s lies, deceit, and mistakes. ATS is not credible. We should not add credibility to his arguments by arguing on his terms.
As stated, Trump didn’t write the checks. Why is this argument taking place? Let ATS prove Trump conspired with the bookkeeper to write those checks since ATS is looking for a crime to pin on the man. ATS has to provide proof, not the other way around.
ATS is looking for arguments, not crimes. He is looking to distort the truth, not find it. Look at how he handled the Russia Hoax. One by one, he turned over rocks, all proven false, waiting for something new. Something new came, and as hoped, everyone forgot all his lies about the Russia Hoax. That is what he always does on every issue.
No one should give him credit for creating issues that never existed. He should be seen as the outcast he is and never provided the light of day. Let him prove his case. No one has to prove it for him.
No, he’s trying to prosecute what he charged. Time will tell whether he’s able to prosecute it effectively or not.
ATS believes in destroying lives because time will tell us the prosecutor is corrupt and the victim was innocent.
ATS lies.
But there are 34 different indictments. Lots of them are out side the SoL. By Braggs Standard.
There’s a single indictment with 34 counts. And the SoL for the single indictment is determined by the date of the last act in the indictment.
“is determined by the date of the last act in the indictment.”
So says ATS who is not a lawyer but thinks he is among the best. We don’t know if the SOL is legal so ATS is blowing air as usual being deceitful and lying.
“Also note that the other crime doesn’t have to be charged or proved, only the **intent** to commit it must be proved.”
There cannot be an intent to commit a crime, unless you show that there is a crime to commit. Intent to eat a ham sandwich is not a crime. You cannot just allege that there is a crime without proving that a type of contemplated behavior is a crime, even if you are not seeking a conviction for that crime. One is a prerequisite to the other.
I have some doubt about the construction of the statute relied upon by Bragg. The statute says that it is a crime when someone: “Makes or causes a false entry in the business records of an enterprise”. NYP 175.05. What is the false entry in the business records? It is the Invoice for legal services rendered by Cohen in 2017. But this was not a phantom document. The invoice was rendered and the books properly reflect it. The remaining 33 counts of the Indictment simply reflect checks that were actually written by the Trump trust in response to the Invoice. The ledgers are accurate. What Bragg is arguing that there was a scheme to misrepresent a loan reimbursement as legal services, and that Cohen should have submitted prepared a loan agreement to be signed by the Trump Trust and then demanded repayment of the loan. But that is not how the documentation was prepared. The “books” are required to represent the paperwork submitted to the organization. What Bragg is actually trying to allege is a conspiracy to defraud someone, whoever that “someone” is. This does not appear to be “false entry” claim.
“There cannot be an intent to commit a crime, unless you show that there is a crime to commit”
Yes. So? It still doesn’t mean that the crime must be proved, only the intent to commit it.
“The ledgers are accurate”
They aren’t. Cohen did not provide $420K of legal services.
Trump is free to make your argument in court. I doubt that a jury will buy it.
So, you admit that the billings do not correspond to the $130k paid to Stormey Daniels. They were, in the main, billings for other services.
Cohen disputes that “They were, in the main, billings for other services.” Who knows better: you or him?
Apparently you’ve never paid attention to how it came to $420K: ($130K for Stormy + $50 for something else never disclosed) x 2 to “gross it up” (to cover the 50% taxes, and they would not have doubled the payment to cover taxes had it been for legal services) + $60K bonus. How do you determine that the bulk of that $420K — over $210K — was “for other services”?
“Cohen disputes that ”
Cohen is a liar, so ATS, another liar, uses the liar’s words to prove something unbelievable. Another established attorney recognized to be even handed deeply interviewed Cohen early on and says Cohen is lying today based on the lawyers contemporaneous notes. He testified.
This is how deep ATS’s lack of concern for the truth is. He is not credible. One cannot believe a word he says. If convenient, tomorrow ATS will swear to the opposite.
“Cohen disputes that . . .”
You’re hanging your hat on a serial liar?!
Unsurprising.
DSennis – you say: “In the meantime Merchan warned CDDT [Trump] against any social media posts or other statements that could incite violence.” This is standard language of the American Left: “I feel unsafe if you criticize me.”
The judge is getting death threats. That’s not criticism.
ATS: “The judge is getting death threats. That’s not criticism.”
++++
I can’t approve of threats like that against anyone.
But it would be kind of funny if some feral savage who actually attacked the judge turned out to be one of the many viciously violent felons Bragg turned loose on the people.
Could happen. Seems almost a daily atrocity in Bragg’s jurisdiction.
I keep wondering how Bragg got elected. Are the voting machines rigged or are average New Yorkers truly that stupid? Well, AOC.
RE :”But it would be kind of funny if some feral savage. .I seriously doubt that lot would be having issues with Trump’s current circumstances such that they would take the time to threaten a course of action that would express said disapproval. More likely, currently out on the prowl, awaiting the next mark to come its way.
The judge looks white. That’s fresh game to the beasts of New York. Not smart enough to know whether or not he’s important to anyone, just that he’s white, soft, and easy. No politics involved.
You don’t approve of threats but you fantasize about about the judge being attacked. That’s very revealing about you.
Young, when I am in NYC, I note too many brain-dead people walking around. They are more interested in appearances than reality. They want acceptance from the authoritarians. Such a strong desire can make a bright person into a zombie.
S Meyer,
America seems to be overflowing with zombies lately. It is a bizarre phenomenon and I can’t imagine what is behind it. Perhaps many things but the big surge in information may be a part of it. A sort of contagion seems to be at work, something similar to what powered the South Sea Bubble or the great Tulip madness. I thought last night of a time when I watched adults in a mall bidding frantically to ‘adopt’ Cabbage Patch dolls while I watched and wondered what had gotten into these people. I noticed something similar in a couple of riots, a sort of group mind meld.
We have always had the potential for such behavior but this age of mega-communication seems to have accelerated it. Once someone has slipped into one of these big information bubbles it is very hard to get them even to see contrary evidence outside the bubble much less think about it. It is strange.
I saw an article yesterday arguing the ‘science’ of whether biological males truly have an advantage in women’s sports. It was all gnawing on ‘studies’ reaching different conclusions. I didn’t go to the ultimate conclusion but it likely said there was no difference. What a waste of time unless it was only a propaganda effort disguised as science. The quickest way to the truth is to just ask yourself who is winning all the competitions. But for some reason they couldn’t see that. Outside the bubble.
The problem is their (the zombies) unwillingness and inability to put their screens away during waking hours. It won’t be long before “Eye Contact” and “Pay Attention” become required learning for new business hires.
JAFO,
Good point. Apparently attention spans and median IQ scores are falling and these phones are likely to be a factor.
There is something else, though, and I cannot try to express it just now.
I think part of man’s nature is a desire to belong, be accepted, and be considered the good guy. Unfortunately, values change due to the status of personalities and bling.
Society has moved too fast, and culture can’t catch up as quickly. Information technology advances spur the speed of what is happening. What society created over thousands of years has merit and stability. New ideas are great, but the failure rate is high, causing us to lose too much of what we learned over those thousands of years.
S. Meyer: “I think part of man’s nature is a desire to belong, be accepted, and be considered the good guy.”
+++
That is almost certainly true but the desire to belong is probably the result of domesticating ourselves while learning to domesticate plants and animals.
Individuals wired to be disruptive [probably most people at one time] would be excluded from first farming communities and propagate less frequently. Basically it is the same selection process by which plants and animals were domesticated.
Survival of the most amenable–to a point.
Good point.
Trump is not making a death threat. He is not responsible for threats made by other persons. Brett Kavanaugh not only got death threats but also an actual assassination attemt. Is that a justification for silencing MSNBC, NYT, WP, and any other of his critics?
“Until then, history — and Trump — will simply just have to wait for Alvin Bragg.”
– Professor Turley
______________
Wait. I haaaaaad a Nightmare!
Alternatively, actual Americans might reissue the Declaration of Independence, conduct a Second American Revolution, take back America from illegal alien invaders present as far back as 1863, enforce the integral Immigration Law of the Founders and Framers, 1790, reestablish the American restricted-vote republic designed, not to incoherently provide the vote to persons with no will of their own and under the dominion of others, but to support the clear and evident, meaning and intent and dominion of the Constitution and Bill of Rights, constituting the immutable fundamental law of the United States.
______________________________________
“But when a long train of abuses and usurpations, pursuing invariably the same Object evinces a design to reduce them under absolute Despotism, it is their right, it is their duty, to throw off such Government, and to provide new Guards for their future security.”
– Declaration of Independence, 1776
Has anyone run the “slurpee” “indictment” through any “AI” detection software such as GPT zero??
Could be a big surprise…..also has anyone asked the NYC/S’s DA’s /AG offices what “analytical?” software they are using for their “wheels” aka jury and judge/court assignment selections?
Only time will tell if New York’s judicial system will recognize the corruption and abuse of the criminal justice system exhibited by Bragg and his sycophants in the Manhattan DA’s office! and put an end to this attempt to influence primary and general elections for President of the USA!
The USA that I have know for sixty-six years is in free-fall. This will not end well. Sort of like restaurants my wife and I used to go to decades ago. Most are closed up now and something new has taken their place. Time will tell whether the new country (government and culture) replacing the old one is better or worse. Color me just a tad skeptical.
Wow, someone at The NewYork Times is telling the truth for once. Be still my beating heart. How could this be? The Times is telling the truth about the Trump indictment. Not having believed that such a thing could happen I had to see it in black and white. Well hear it is. https://www.nytimes.com/2023/04/05/opinion/trump-bragg-indictment.html. I’m in shock I tell you. Aghast on schock!
TiT,
Yep.
Everyone knows it is a sham.
Everyone knows there is no way it will be a fair trail. Trump will be convicted.
The Democrats have turned the US into a banana republic.
And the leftists are cheering it on.