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Perhaps the weirdest, and by far the most unjust, thing about former President Donald Trump’s trial in New York is that we do not know precisely what crime Trump is charged with committing. We’re in the middle of the trial, with Trump facing a maximum of more than 100 years in prison, and we don’t even know what the charges are! It’s a surreal situation.
Yes, we know that Trump is charged with falsifying business records of payments made to the porn actress Stormy Daniels in 2016 and 2017. But falsifying business records is a misdemeanor with a two-year statute of limitations, meaning prosecutors would be prohibited from charging Trump with that crime after 2019, which was five years ago. They obviously missed that deadline by a mile.
We also know that New York law allows falsifying business records to be upgraded to a felony if the alleged falsification was done with “intent to defraud that includes an intent to commit another crime or to aid or conceal the commission thereof.” In that case, the statute of limitations extends to five years, which would have allowed prosecutors to charge Trump as late as 2022. Prosecutors missed that deadline, too.
Trump was indicted in 2023. How did that happen? Because of COVID-19, when New York extended its statute of limitations by a year. That allowed prosecutors to slip the charges in right before the new, one-time-only, six-year extended statute of limitations expired.
But here’s the thing: What was the “intent to commit another crime or aid and conceal the commission thereof” that prosecutors used to raise falsification of business records from a misdemeanor to a felony? In nearly every case of alleged falsification of records that has been charged as a felony in New York, the defendant was charged with another crime — that is, prosecutors made it clear what the other crime was. In Trump’s case, the indictment did not specify any other crime. Manhattan District Attorney Alvin Bragg said the law did not require him to specify the other crime.
So Trump faced felony charges without knowing what he was accused of doing. And the really amazing thing is that the trial is now underway and Bragg has still not specified what the other crime is. It is a key element of the case. Without it, the charges against Trump could never have been brought because they were misdemeanors long past the statute of limitations. It is the other crime that makes this whole prosecution possible. But the prosecutor has not specified what it is.
If that sounds vaguely unconstitutional to you, you’re right. As former federal prosecutor Andrew McCarthy points out, the Fifth Amendment “requires a felony charge to be spelled out in an indictment whose criminal elements have been established by probable cause to the satisfaction of a grand jury.” The problem, McCarthy continues, is that the election-stealing conspiracy Bragg’s prosecutors are accusing Trump of engaging in is “not charged in the indictment” and, further, “there is no such conspiracy crime in New York penal law.” McCarthy also argues that the charges violate the New York Constitution.
McCarthy, of course, has been a vocal critic of Bragg’s prosecution. However, even supporters of prosecuting Trump don’t know what Trump is accused of. Just look at a recent column — “Charting the Legal Theory Behind People v. Trump” — from the aptly named Lawfare publication, which is published by the liberal Brookings Institution. (To give you an idea of Lawfare’s perspective, back in the Robert Mueller investigation, its most prominent staffer staged a little celebration each time there was a new anti-Trump story that he deemed a bombshell.)
“When Manhattan District Attorney Alvin Bragg first brought charges against Donald Trump in March 2023, the legal theory behind the indictment remained remarkably unclear,” Lawfare Senior Editor Quinta Jurecic wrote. “Now, a year later, with the trial finally underway … the charges against Trump still have an oddly inchoate quality.”
Jurecic argued that if you look in the right places, and can connect a few dots, you might be able to guess what law the prosecutors believe Trump broke. But the deeper she dug into it, the farther down in the weeds she got and the less definitive her answer became. Is Trump accused of breaking federal election law? Of breaking a New York law that makes it illegal to promote the election of a candidate “by unlawful means”? Of committing tax fraud? (That is perhaps the wildest theory, in which Trump might stand accused of conspiring to pay too much tax. Really.)
Struggling, Jurecic comes up with a diagram of possible Trump charges. Take a look and see if you can make any sense of it.
It’s tempting to make fun of this. But it is not funny. If Trump is convicted on all 34 felony counts against him, the maximum sentence he would face is 136 years in prison. That’s crazy in itself. But then there is the more fundamental insult to basic principles of justice in which the accused has a right to know the charges against him. It is the insanity at the heart of the Trump trial.
Patricia says
Everyday common citizens know what the crime truly is.
Trump’s crime is: TRUMP 2024. Presidential candidate front runner. TRUMP crime: Political opponent. Summary
ELECTION INTERFERENCE
Edith Wenzel says
The Justice system in the USA does not exist anymore. It simply does not make any sense. Shame on America.
Michael Goldman says
Clearly the Deep State (Dark Brotherhood) is not pursuing Justice, but rather Blatant harassment making a Banana Republic look like a better option for Americans. Fortunately all those in the NYC judicial system a part of this MOVIE will get real parts with their day @ GITMO – a one way all expense paid very short trip. Then Justice will conclude this episode.
Greg says
Did the jackleg judge in the Manhattan lawfare case against DJT issue a gag order about hush money or a hush order about gag money? Either way, the opening line of Kafka’s surreal novel, “The Trial,” comes to mind: “Someone must have traduced Joseph K., for without having done anything wrong he was arrested one fine morning.”
Howard Becker says
In Kafka’s novel, Joseph K. did not learn what the charge against him was until after the trial was over. Sound familiar?
Jeff Bargholz says
Somebody needs to gag Stormy Daniels. Being a porn star is no big deal, I’know a few but that bitch is fugly. And don’t gag her the traditional way. She eats enough dicks, she doesn’t deserve another one.
Onzeur Trante says
Mind boggling that the travesty of Trump’s trial is allowed to continue. Pure hatred is in full swing in the courtroom with the objective none other than to humiliate Trump one way or the other. Yesterday was a particularly vile way to do it; the other will be to throw him in jail to ultimately end his campaign. An example of what happens when a corrupt government goes amok and not one agency or institution is capable of or willing to put an end to the insanity. It’s not death to America. Its Death of America.
Mary Evans says
One third of Americans are ignorant, blind sheeple, the other two-thirds look on in silent, justified? fear of the fascist regime.
What is to be done?
Ray Cedor Jr. says
There’s no limit to what can be accomplished when the eternal struggle to defend America’s founding principles of individual liberty, EQUAL JUSTICE and limited, consensual government is waged from the moral high ground of non-violent civil disobedience. It is this universal truth, not armed resistance, which keeps actual and aspiring dictators awake at night from Beijing to Tehran to Moscow, and from Brussels to Davos to Washington, D.C. Fear of what you accurately characterize as “the fascist regime” in our nation’s capital is both rational and justified. That’s the bad news. The good news is that courage is contagious. Rescuing our self-governing republic from the freedom-hating globalists infesting our federal government will require a critical mass of courageous, liberty-loving citizens to force them back within their original, strict constitutional constraints. Only in doing so will we preserve for generations yet unborn the blessings of liberty which we ourselves inherited from our nobler, wiser ancestors. Only in doing to will we ensure America’s survival as–in the words of Ronald Reagan–“a nation that has a government, not the other way around.”
Kynarion Hellenis says
Although this is a good article, it fails to get to the core issue. We are no longer opposing political parties bound by the chains of the Constitution.
War is upon us. We are friends and enemies.
Trump is our friend, so he must be destroyed. The Constitution must be destroyed. We must be destroyed.
Read this short transcript of an interview between Tucker Carlson and the president of True the Vote:
https://www.happyscribe.com/public/the-tucker-carlson-podcast/catherine-engelbrecht-from-true-the-vote-says-it-s-a-real-possibility-that-illegal-immigrants-could-vote-in-u-s-elections-she-explains-the-legal-loophole-that-few-know-about
Rush Limbaugh often said Leftist wish to make elections meaningless, then do away with them entirely. No government of the people, by the people and for the people. We haven’t had that in quite some time, actually.
glpage says
This is a show trial similar to those staged by the Stalin regime to persecute political rivals. As others have mentioned, Trump’s only crime is to be the candidate that can push Biden/Obama out of office.
Andrew Blackadder says
The DemocRATS now have as their trusted spokesperson a female Porn Star who had sex with hundreds of men on film, took money to engage in various sexual practices, took money from Trump agreeing to stay silent about their affair and broke that deal in public and this is the person they put up front as their go-too decent person speaking for the DemocRAT Party ,indirectly.
Such decent family values… NOT !!!!
ROY TREPANIER says
The ‘real’ Judge will soon be presiding over earthlings crimes, and all those deserving will get their comeuppance, their ‘just deserts’, as it were. And their punishments, their ‘sentences’, sadly, will be eternal, with no appeals permitted.
The Supreme Judge of all Creation is about to return after a 2,000 year absence, and as He takes His seat on the throne of King David in Jerusalem, the entire planet will ‘shudder’ and mankind, those that are ‘left behind’, will wail and cry in despair when they realize their fate is sealed for all Eternity.
KIng Jesus is coming back as the King of Kings and the Lord of Lords and there is no power greater than what He wields anywhere in the Universe that He created.
Get ready. Call Him right away. He has been waiting to hear from you for a long time.
Maranatha, come Lord Jesus………<
Rev. Roy………….<