Posted: 06 June 2024 at 3:10pm | IP Logged | 6
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"Paying Daniels the way he did was a crime."
To clarify, paying Daniels was not illegal, even if it was done for the purpose of influencing the perceptions of voters. The crime was that Trump intentionally misclassified the payment to Daniels as a legal fee.
The misclassification is a misdemeanor on its own, and was past the statute of limitations.
Bragg got around the statute of limitations by charging Trump with the felony version, which is falsifying business records in the first degree. However, in order to qualify as a felony under the statute, Trump must have made the misclassification with the intent to commit another crime, or in the furtherance of another crime.
The "other crime" is a violation of New York state law 17-152 (Conspiracy to Promote or Prevent Election). So no, "paying Daniels the way he did" does not satisfy the elements on its own. You still need to find a violation of 17-152. Any of the three crimes mentioned by Michael Penn above would be sufficient, but some of them would be tough to prove.
For example, if you wanted to prove the payment was an illegally large donation to Trump's campaign, you would need to show the payment was done for the purpose of helping the campaign; not just that the campaign benefitted. Defense lawyers could argue Trump made the payment to hide the affair from his wife.
Additional false business filings, ie the bank records of the wire transfers might work, but as the transfers are among the payments to Stormy Daniels, they are arguably part of the same set of transactions or occurrences, rather than a separate crime.
The tax charge seems like it would be the easiest to prove, because its very straight forward and you wouldn't have to get into Trump's motives. However, if damages are a required element (I don't know if they are without having seen the statute the charge is based on), then that could also be challenging because the misclassification inflated Cohen's income, and the taxes on the claimed income were paid.
I'm not saying Trump didn't do anything wrong, or that it would be impossible for Bragg to prove any of these crimes, but there are no slam dunks here either.
Edited by John Wickett on 06 June 2024 at 3:18pm
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