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[Order David Horowitz’s new book, America Betrayed, HERE.]
Porn star Stormy Daniels says she had sex with former President Donald Trump at a Lake Tahoe hotel in July 2006. To keep her from telling that story, former Trump fixer Michael Cohen says, “the boss” instructed him to pay Daniels $130,000 shortly before the 2016 presidential election.
Manhattan District Attorney Alvin Bragg says that nondisclosure agreement was a serious crime that undermined democracy by concealing information from voters. Of these three accounts, Bragg’s is the least credible.
“This was a planned, coordinated, long-running conspiracy to influence the 2016 election, to help Donald Trump get elected through illegal expenditures, to silence people who had something bad to say about his behavior,” lead prosecutor Matthew Colangelo said at the beginning of Trump’s trial last month. “It was election fraud, pure and simple.”
Contrary to Colangelo’s spin, there is nothing “pure and simple” about the case against Trump. To begin with, Trump is not charged with “conspiracy” or “election fraud.” He is charged with violating a New York law against “falsifying business records” with “intent to defraud.”
Trump allegedly did that 34 times by disguising his 2017 reimbursement of Cohen’s payment to Daniels as compensation for legal services. The counts include 11 invoices from Cohen, 11 corresponding checks and 12 ledger entries.
Falsifying business records, ordinarily a misdemeanor, becomes a felony when the defendant’s “intent to defraud” includes an intent to conceal “another crime.” Bragg says Trump had such an intent.
What crime did Trump allegedly try to conceal? Prosecutors say it was a violation of an obscure New York law that makes it a misdemeanor for “two or more persons” to “conspire to promote or prevent the election of any person to a public office by unlawful means.”
Why was the Daniels payment “unlawful”? By fronting the money, federal prosecutors argued in 2018, Cohen made an excessive campaign contribution.
Cohen accepted that characterization in a 2018 plea agreement that also resolved several other, unrelated charges against him. But Trump was never prosecuted for soliciting that “contribution,” and there are good reasons for that.
Such a case would have hinged on the assumption that Trump, in paying off Daniels, was trying to promote his election rather than trying to avoid embarrassment. While the first interpretation is plausible, proving it beyond a reasonable doubt would have been difficult, as illustrated by the unsuccessful 2012 prosecution of Democratic presidential candidate John Edwards, which was based on similar but seemingly stronger facts.
Federal prosecutors would have had to prove that Trump “knowingly and willfully” violated the Federal Election Campaign Act. But given the fuzziness of the distinction between personal and campaign expenditures, it is plausible that Trump did not think paying Daniels for her silence was illegal.
In any event, the Justice Department did not pursue that case, the statute of limitations bars pursuing it now, and Bragg has no authority to enforce federal campaign finance regulations. Instead, he is relying a moribund New York election law that experts say has never been enforced before.
That attempt to convert a federal campaign finance violation into state felonies is so legally dubious that Bragg’s predecessor, Cyrus R. Vance Jr., rejected the idea after long consideration. It reeks of political desperation and validates Trump’s complaint that Democrats are attempting “election interference” by undermining his current presidential campaign.
As Bragg tells it, Trump is the one who committed “election interference,” which the DA describes as “the heart of the case.” Bragg says his prosecutors “allege falsification of business records to the end of keeping information away from the electorate.”
Cohen, whom the defense team accurately describes as a convicted felon and admitted liar with a grudge against his former boss, is the only witness who has tied Trump to the production of those records. And since they were produced after the election, Bragg’s narrative is nonsensical as well as irrelevant — a point that should not be obscured by the salacious details of Daniels’ story.
Rohini DeSilva says
You merely said Stormy Daniels ‘says’ she had sex with President Trump. Why didn’t youexplain why Stormy Daniels lose her defamation case against Trump and now owes him $300,000.00 ?”
And why the sweet talk calling her a ”porn star”? Stormy Daniels is a prostitute. Her entire story is about how she prostituted herself to President Trump for money then, and now she is cashing in with salacious details. Why have you failed to mention the many, many times she denied, even in writing, that she ever had sex with President Trump. Surely, you are a better journalist that Bill Maher, who disclosed all that?
Why are you covering that up?
THX 1138 says
“Porn star” is a decadent, misleading, and evasive euphemism, isn’t it. When porn prostitute is the actual reality.
Intrepid says
You took the time to make that distinction and actually write about it?
Come to think of it that is actually the sum total of your pathetic life.
SPURWING PLOVER says
Bragg can stand and flap his arms but he can never become Airborne then he could fly to the Moon
Greg says
Law school affirmative action promotes black incompetents; jurisprudential jokes. Alvin Bragg is Exhibit B, while Barack Hussein Obama is Exhibit A. Hilariously, it’s questionable whether Supreme Court Justice Ketanji Brown Jackson is actually a woman or a black. Her sworn testimonial ignorance about the former– “I’m not a biologist”– casts doubt about her self-perception regarding the latter (her husband is white). Yes, behold The Three Stooges of affirmative action’s courthouse incompetents.
Steve says
They’re probably grateful they still have an intellectual edge over Dementia Joe, Alexandria Ocasio Cortez and Auntie Maxine.
Semaphore says
Don’t forget the Five Stooges of affirmative action’s courthouse incompetents, AKA the New York Supreme Court.
Steve says
Josef Stalin was more imaginative and less obvious in staging political show trials than Alvin Bragg.
This is also the same Bragg who let the majority of violent offenders off with no jail time. He should be arrested and charged himself with abuse of process and selective and malicious prosecution.
BLSinSC says
Everyone associated with this “case” should be charged with ELECTION INTERFERENCE! And CONSPIRACY to INTERFERE in an ELECTION! That seems to be a nice way to begin 2025 – with a CONSTITUTIONALLY APPOINTED SPECIAL COUNSEL to PROSECUTE them all – INCLUDING the “judge”, his daughter, Bragg, and Joe’s right hand man!
Craig E Swenson says
It seems very simple that the prosecution can’t really point to “what” the crime really is without a lot of gobbley-goop legal dance spin, it was past the statute of limitations, the lack of credibility of the star witness (Cohen), previous prosecutor’s have refused to bring this case forward, and that the implied federal election campaign donation law is beyond the NYC AGs authority. Seems like a big abuse of authority, waste of court and taxpayer resources, and a stain on the NYC judicial structure. All the “noise” of salacious gossip is immaterial and the judge has lost control of his court. Shame, shame.
Owie says
Bragg, who will not prosecute anyone whose skin color is the same or darker than his, is a POC POS.
Robert L. Kahlcke says
How now, Brown cow.
Judith2 says
Old Newspaper headline read: “Donald Trump: ‘I could shoot somebody and I wouldn’t lose any voters'” 8 years ago Trump said this…does ANYONE think he was afraid news about a one night stand would frighten him or cause people not to vote for him????
Judith2 says
8 years ago Trump boasted he could shoot someone and he wouldn’t lose any votes…so who could believe he thought a one night stand would lose him the election…
Alex says
Another Didn’t Earn It person in a job he can’t handle….
Too bad….I feel that the black community is severely underserved by people like Bragg…
They demean what that population endured…..and they do nothing to make it better.
Angel Jacob says
Just a gang of racist blacks doing what racist black gangs do.
JoeThePimpernel says
Congress has a slush fund used to pay off and hide sexual harassment claims.
Why isn’t that a crime, Albert?
Andrew Blackadder says
The DemocRAT Party are so low down in the dirt where they now have a female Porn Star prostitute that went against her own word by talking about an affair she was paid to be silent about. and this is their go-too spokesperson for their agenda today.
Such a Role Model for the young girls of today across America..
Such a political party with zero morals.
Walter Sieruk says
That horrible, unethical DA ,Alvin Bragg is maliciously and unjustly going after Donald Trump not really “legal prosecution” but political persecution.
Furthermore, Bragg out of his way to get a vicious violent thug , who even had a long history of committing violent crimes, freed after he entered a store and brutally attacked the shop owner . Bragg even went further , in his despicable mentally , he attempted to get the store own charged with assault for only defending himself after being first attacked by the horrible hooligan.
The former US President, James Monroe, had it right , when he said ” The right of self- defense never ceases. It is among the most sacred, and alike necessary to nations and individuals.”
Walter Sieruk says
Alvin Bragg is an affront and disgrace the dignity of the Office of the District Attorney.
Bragg should be disbarred from the Office of the DA for violations of ethics and corruption charges as well as for deliberate abuse and misuse of the DA Office and gross incompetence.
Walter Sieruk says
Those insidious and sinister power elite operating “behind the curtains” with all their vicious malice have in it for Donald Trump.
Therefore,, they use one of stooges. Alvin Brag, to take “out of the political picture Mr. Trump, because he is a strong bulwark against those schemes for the future of United States.
Furthermore, two modern and closely connected un-American subversive movements of the twenty –first century in the United States are the Leftist/Islamic alliance and the Red /Green alliance.
The people who make up both of those entities do, especially those Muslims members of it, strongly detest Donald Trump because of the many grand and great accomplishments of President Trump his official US government recognition of Jerusalem as the Capital City of the Jewish State of Israel. Later President Trump recognized the Golan Heights as, rightly belonging to Israel.
Likewise, President Trump had sanction imposed on that aggressive hostile vicious anti- America and anti- Israel tyrannical Islamic regime of Iran, which had the official title of “The Islamic Republic of Iran.”
Furthermore, President Trump in Office and greatly supported strong thick tall US /Mexican borders that are patrolled by armed US troops , National Guard and police who may be allows to use their firearms if they deem it necessary .
For porous US borders are seen as in open invitation by dangerous jihadists of murderous Islamic terror organizations as Al Qaeda , ISIS and also Hamas and Hezbollah and even the Taliban.
The above “reasons” are why those of the leftist/Islamic and the Red/Green alliance are after Donald Trump with their malice and hate- filled passion and want , by any means to take him down and keep him down.
Walter Sieruk says
That corrupt and unethical Distract Attorney Alvin Bragg even accepts “gifts” bribes from that subversive villain ,George Soros, to engage in the political Persecution against Donald Trump.
To put this is another way Bragg , after a private payoff from Soros , is gladly and viciously acting out not in Legal prosecution against Mr. Trump and in political persecution against him.
About such corrupt activities, the Bible reads ” The wicked accept bribes in secret to pervert the course of justice.”
Proverbs 17:23. [N. I. V.]