Although we don’t yet know entirely how it will be structured, enough of the Manhattan District Attorney’s case against Trump has found its way into the public domain so that we know the general parameters. The centerpiece of the case is a misdemeanor charge under Section 175 for supposedly falsifying his business records. The theory is that Trump paid his former lawyer $130,000.00 in a series of reimbursements to Cohen and labeled them as legal expenses to conceal that the money was really to pay Adult Film Actress, Stormy Daniels for a nondisclosure agreement and that somehow this scheme violated federal election laws.
From a legal perspective, this bizarre wielding of State prosecutorial power in pursuit of what is essentially an alleged federal crime is seriously flawed.
For starters, it is not a crime to be a philanderer, if in fact Trump did have an affair with Ms. Daniels. She has claimed publicly that there was no affair – but who knows. It is not a crime for Trump to pay so-called “hush money” either. I hate it when people call it that. It is a legal contract called a “nondisclosure agreement” and it is not in the least uncommon. Particularly for a celebrity who is a married man with many business interests. There are myriad reasons – unrelated to his Presidential Campaign – for Trump to pay the money to Ms. Daniels.
The case is legally flawed for a second major reason. Specifically the Manhattan DA has a major Statute of Limitations problem.
It’s worth noting that the Federal Elections Commission and the Department of Justice have already looked at all this and took no action back when it was fresh. Nevertheless DA Bragg is essentially trying to stuff a federal campaign finance crime into a state law business records charge. The business records case under Section 175 is a misdemeanor and the statute of limitations is two years. If DA Bragg manages to shoehorn an alleged violation of the federal campaign finance laws into the Section 175 charge – despite being a state DA and not a US Attorney – then the business records case becomes a felony and has a five-year statute of limitations. My iPhone tells me this is 2023 – nearly seven years after any such Section 175 business record crime would have occurred. So, the statute of limitations has clearly run. Nevertheless, I wait on pins and needles to see what whackado legal theory DA Bragg pulls out of his…..hat to claim the statute of limitations has somehow not expired.
Perhaps the biggest flaw in the potential indictment is on moral grounds. The whole thing is immoral and rotten to the core. This is a political weaponization of the criminal justice system. This expected indictment comes as the 2024 presidential election season is kicking into high gear. Donald Trump is leading in some polls as he seeks the Republican Nomination for President of the United States. If this indictment were truly grounded in good-faith, it could have been prosecuted back when it allegedly occurred. There’s no legitimate reason to bring it now. Only politics.
At its core, the justice system relies on trust. We must have faith and trust that the prosecutors we elect to serve our communities will wield the awesome power of their office fairly, objectively and without regard to his or her personal political biases. The public needs to have faith that prosecutors are using their power to objectively pursue legitimate crimes.
This indictment would represent a perversion of the justice process and will undermine public confidence. This blatant hyper-partisan abuse of power will undermine public confidence and poison the well for legitimate cases that truly do need to be prosecuted. New York is in the midst of a crime crisis the likes of which are unprecedented. One would hope DA Bragg would aggressively pursue and prosecute murderers, rapists, and robbers with the zeal with which he is pursuing the former President of the United States for a seven-year-old alleged bookkeeping crime.
Nobody who’s paying attention needs me to tell them that Trump is not in friendly territory. The DA and nearly all politicians in New York are democrats and Trump is the bane of every democrat’s existence. One hopes Trump will find a fair-minded and impartial judge who won’t be afraid to do the right thing and dismiss any legally defective indictment, but I am not holding my breath. I can’t even begin to ponder how Donald Trump would find a fair jury in New York.
See two useful idiots with stupid sign and more stupid signs their the real enemy of America these Socialists scumbags and other useful idiots who shows their idiots with their stupid signs with stupid slogans on them
He won’t get a fair trial anywhere. If this political trial doesn’t get him the establishment elites will try again and ultimately they have his warp speed injection program that is killing thousands of people and this information is slowly being released.
But the panel decided to take time out to day from making another as shole decision vs Trump
A modern day banana republic crucifixion. Trump doesn’t have a chance if this takes place, nor does the country for that matter.
Praying for a miracle/ not just for Trump but for the country. This whole process of ( get Trump) has consumed the LEFTISTS Marxists REGIME and every blue state and city is a dangerous place for a conservative. 💔🙏🇺🇸😭😢🇺🇸
This case has constitutional infirmities such as double jeaopardy, legal infirmities such as the nY Statute of Limitations for a misdemeanor and felony and evidentiary issues such as the lack of credibility of Michael Cohen written all over it and is obviously part of TDS
Well, many Real Conservatives have been saying, for quite a number of years now, that unless the establishment republican party clowns start to do exactly what the leftist democrats have been doing to Conservatives for decades, things will get significantly worse for us Conservatives.
We must have very large crowds of republicans screaming all day long for the arrest of hillary clinton, hunter biden, anthony fauci, hussein-obama, nancy pelosi, pretty much all the biden family crime syndicate, james clapper, etc.
This harassment of Donald Trump by the vicious and malice-filed leftist in power isn’t so much “legal prosecution” but political persecution”
The left-wing is maliciously had been , with a hate-filled passion looking for a way to bring down hard this hard working American patriot so that he will never, they hope, the next US President , likewise they desire to hart him and his family.
For as it’s been often truly said that “Evil is always looking for an excuse.”
The socialist /leftist /Marxist feel that they have found their excuse to go after Mr. Trump.
The double standards of those of the liberal left are appalling. For they wouldn’t tolerate any type legal investigation into Barack Obama in that before he because President he had two sex affairs with two homosexual men and that later the one of the two gay men who was the most talkative about his sex relations that he had with Obama had not long after started talking died under suspicious circumstances. [1]
[1] The video documentary titled TRUMP CARD by Dinesh D’ Souza.
After this vicious hoax of a “legal indictment” against Donald Trump, which is political persecution and malicious harassment all blows over , much later in time it will much in the annals of future history books certainly will, with honest and ethical historians who write only truth, will print what an outstanding good President Donald Trump was and that he just and fair man who stood for justice and accomplished must for the advancement of the United States in only four years in Office.
In contrast future good quality history books will reveal what a despicable and evil man President imposter Joe Biden was and how he did and still does everything wrong and terrible to tear down the United States and cause her to become a third world power.
So much so that the name of Joe Biden will rot in American history.
As the Bible informs its reader “The memory of the just is blessed: but the name of the wicked shall rot.” Proverbs 11:7. [K.J.V.]
The Left are still pissed off at the fact they didn’t get enough charges against Trump and now they have really reached the bottom of the Barrel as they fear him and have good reason too as they know once Trump gets back into the Oval Office, hopefully, then he will be throwing these treasonous morons in Prison within the first year where they ALL belong, Nasty P. Clinton Cartel, Schumer, Mitch Turkeyneck and many others.
How can anybody be against the one President that said… ”We must get out of these endless Wars, stop sending money off to countries that openly hates us and use that money to help our Veterans and Americans that are hurting and bring Manufacturing Jobs BACK to America”..
If that sounds bad or evil to anybody then I think such a person is a Taco short of a Combination Plate..
If you listened to Professors Turley, Dershowitz, and Rudy Giuliani, you know this is total political and prosecutorial overreach. that will change the Presidency forever. Its about changing times, laws, and statutes.