The former president was found guilty by a New York jury of falsifying business records to cover up a payoff to a porn star, says Politico.
The payment to the porn star was not a crime was not the crime Trump was charged with. An individual can pay anyone to not say something. Parties in a lawsuit will have the other sign a non-disclosure agreement and receive a settlement payment.
Falsification of records? The Trump organization paid legal bills to Michael Cohen, attorney. Cohen submitted bills to the Trump organization. Attorneys routinely charge their clients for costs incurred in the course of providing those services. The costs can include travel, the hiring of outside experts or a plaintiff for a non-disclosure agreement.
Under New York law falsification of business records is a misdemeanor not a felony. What made it a felony? Alvin Bragg needed to prove they were in direct connection with another crime. The crime needed was election interference. This is critical because the statute of limitations for the falsification of records has long passed.
A key point. There are two agencies charged with determining if election interference occurred. The agencies charged with making that determination are the Federal Department of Justice (DOJ) and Federal Election Commission (FEC). Both of these agencies had determined there was no crime here. Let’s be clear, either or both of these agencies with jurisdiction could have brought charges.
Among the criticisms leveled against Bragg from both right and left was that the district attorney’s office had raised from the dead a case that had been considered and abandoned by the federal prosecutor in the Southern District of New York. The federal prosecutor investigated and chose not to bring charges against Trump under federal campaign finance law for the same set of facts. These parties looked at election interference and found no provable case.
Trump’s legal team attempted to call a former commissioner of the FEC. The purpose of this testimony, I am guessing, would have been to explain what election interference is. Election law is very complicated. The Judge ruled that this expert could only testify before the court on basic dictionary definitions surrounding election law but not to venture into what would make an action illegal under those election laws. The prosecution brought an election law expert to explain why the actions of Trump were illegal under federal law and the judge stifled his testimony.
The jury was forced to use common sense to determine if falsifying the records broke the barrier into federal election interference. Bragg did not try to prove election interference; he barely mentioned it. Bragg did not bring a witness to explain how this was election interference. Neither the federal government nor the FEC try to prove election interference.
How can we see the actual determination of election interference? We can look at a similar set of facts and circumstances in the 2016 election. The FEC did successfully determine election interference. The FEC did fine the Democratic National Committee (DNC) and the Hillary Clinton campaign over its election interference in the 2016 election. The FEC fined both organizations that the party and campaign reported payments to the Democratic law firm Perkins Coie as legal expenses, when in actuality some of the money was earmarked for “paying Fusion GPS through Perkins Coie to conduct opposition research on Donald Trump.
Let’s see. Falsification of business records to influence the outcome of a federal election. Sounds familiar? I do not recall Bragg bringing any charges against Hillary Clinton for actually committing an election interference crime just like he charged Trump.
Bragg only attacked the checks to Michael Cohen as falsifying records without every bringing one witness to define how Trump broke the FEC law which he would need to make the falsification of records charge jump from misdemeanor to a felony.
I do congratulate Bragg and the Democratic Party who supported this case because we now see that the campaign contributions have been so amazing that the Trump team had to temporarily turn off their website because it was overwhelmed with contributions.
Finally, the issue is not whether a New York jury would find Trump guilty. Remember Trump does not have many fans in New York City. Of course, the verdict will be appealed which will probably not take place until after November. November 6th we will see what the verdict is when voters decide.