"[I]n 2018, when [Michael D.] Cohen pleaded guilty to federal charges involving the hush money. Because he pleaded guilty, the issue was never tested in the courts, but some campaign finance experts and conservative legal scholars have argued that the case was bogus.
'Michael Cohen Pled Guilty to Something That Is Not a Crime,' was the headline in a National Review article at the time....
"... Mr. Trump’s lawyers could argue that federal law has no place in state court. And if he uses a New York election law violation, the defense could claim that a violation of state law does not apply to a federal election — in this case, the 2016 presidential campaign.... ... Federal campaign finance law explicitly states that it overrides — pre-empts, in legal terminology — state election law when it comes to campaign donation limits.... But there are exceptions to federal pre-emption contained in regulations from the Federal Election Commission....
"[Also], the felony falsifying business records charge expires after five years....
And there are a few additional advantages for the district attorney: His case will play out in state court, with a state judge... and a jury in deep blue Manhattan."
"Legal Intricacies," indeed! These are obvious and terrible problems with the prosecution. It's not subtle! Alvin Bragg, please don't inflict this on us.
And it's so repulsive for the NYT to end this article by bucking up readers with the hope that the state judge will be biased.
ADDED: A perfectly concise comment over at the NYT: "Novel legal theory in a political prosecution destroys trust in rule of law."
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55 comments:
"Alvin Bragg, please don't inflict this on us."
This request captures beautifully the current predicament of our age. Under no sane circumstance should any of this be happening. But it is happening and it will happen because A) none of this is sane and B) they absolutely must do whatever it takes to 'get Trump', even if it breaks the country further.
It screams powerlessness. Asking. Begging the inmates running the asylum to be sensible, as if that could actually work.
Alvin Bragg and the people that support him aren't listening. They won't listen. They're insane. There's a chance their ears might perk up when the air comes alive with the supersonic crack of machine gun rounds danger close at the future Battle of New York in 2029, but I doubt it.
Even then people like him shall look around in amazement and befuddlement while asking the 13 year old pink-haired post-op transsexual in the defilade with him, "How did it come to this?!?!"
Funny - the entire MSM(D-hack-corrupt lying liars who lie) shut down a Biden family scandal right before an election - saying in unison that Hunter's laptop was "RUSSIAN DISINFORMATION!"
We have the clips.
As I said earlier, Trump's enemies chose their case poorly.
And it's so repulsive for the NYT to end this article by bucking up readers with the hope that the state judge will be biased.
Trump said it best: "These people are sick."
Alleged "hush money"? Falsifying business records presented without evidence? What did Cohen know, what did he do? Did he cop a feel... plea?
Just stupid.
If Bragg can’t complete the following in a such that the public can understand the charge he should drop it:
The payoff tomStormy Daniels was a felony committed by Trump because . . . . . . . . .
It’s WITCH HUNT 101. First pick a man and then find a crime. Or if no crime is found simply charge the target with Obstruction of Justice when the target pleads Not Guilty. The MSM will have a 24/7 coverage for every day until the 2024 election is over.
How easy it is. Meanwhile the Biden Crime Syndicate laughs.
The legal intricacies blew up yesterday when Bob Costello testified and then went on two television shows and a radio show.
It's all just good fun now. The structure of law has long ago given way to feelings. See Stanford EIS lady defense. It seems if you argue structure people think you're denying them their feelings. Women have won.
So it’s even beyond the 5 year Statute of Limitations for the Felony charge?
Strong case that one…
All Judges are biased to some extent, but for the NYT to want the Judge to be biased, that is really beyond the pale.
Ann Althouse wrote, "Alvin Bragg, please don't inflict this on us."
He will. He wants the publicity. He wants the mug shot. It makes no difference if a state court judge dismisses the case; as should happen.
I'm so negative on the country's future. And the worst of it, is that it has been an unforced error.
The Dems never should have cheated and put Biden in the White House. China is going to clean our clock.
Trump haters are not going to be happy unless he is perp-walked for something. Anything at all. It matters not if others have done the same and simply paid a fine. It matters not if the prosecution has to sightly adjust the laws to fit the situation.
Democrats are so excited about the possibility of Trump being in handcuffs they were sharing AI photos today of him being arrested. I think some of them actually believe they are true.
Those that get their news from only the NYTs and WaPo are so woefully ill informed that it is pitiful. I no longer even try to correct them when they have the facts wrong. There is no use. They wallow in their ignorance.
The coverup is always worse than the crime. Lesson never learned.
Do any of the legal details even matter to the DA, Soros, Democrats, or the Uniparty? The point is to indict, arrest, and arraign Trump.
The gamble is who will come out with the political advantage.
I don't know about anyone else, but I pretty much figured after the Russia Collusion bullshit, COVID, and the 2020 election fraud, our Constitutional Republic was at an end.
This just seems to be part of that continued trajectory.
We had a chance to have this battle in 2020...but we moved on...
And it's so repulsive for the NYT to end this article by bucking up readers with the hope that the state judge will be biased.
Stop trying to be naive.
This whole effort is what this Regime is and who the supporters of it are.
They are picking and choosing the most repulsive tactics from the Nazi, Soviet, and Maoist regimes.
In this case this is pure Soviet "give me a man I will find a crime" bullshit.
Joe Biden has been caught point blank smoking gun bank records taking millions of dollars from China.
But we are talking about this Regime arresting Trump.
This regime and all of it's supporters are purely evil fascist shitheads. They do not belong in this country. They are incompatible with a free society. Ignorance is no longer possible at this point.
And anyone who does not react to this with immediate, total, and enthusiastic denunciation is a worthless coward. This is bright line social contract negotiation. A country run by people like this is going to make lives miserable for people who live in it.
There is no redeemable value in any person that supports this. They need to be removed to their choice of Regimes in this world where their version of justice is implemented.
In this case Russia is the most Soviet country in the world right now. Bragg needs to be shipped to Russia and so do his supporters.
Show me the man and I'll show you the legal intricacies.
Dave Begley said...
Ann Althouse wrote, "Alvin Bragg, please don't inflict this on us."
He will. He wants the publicity. He wants the mug shot. It makes no difference if a state court judge dismisses the case; as should happen.
I give it a 30% chance at this point. This is a multivariate calculation.
The Grand Jury hearing was cancelled abruptly today.
The Regime still has ways of polling the electorate. They know the level of discontent. They have ways of sampling even comment blogs like this.
Right now the Regime is running a balancing act.
They have between 55-60 million voters. Trump has about 75 million voters.
They can only mail in so many votes.
Solid majorities of the electorate believe elections are corrupt. They can only pull this off for so long. And the country is going so badly in the wrong direction they don't have many options.
Arresting Trump is Crossing the Rubicon. If they do it they are committed to a Soviet style justice system inflicted on a population that owns more than half the guns in the world.
They are doing the math and I think they are realizing they don't have the forces to subjugate the entire country. Not even with their antifa/BLM brownshirts.
Simone: "My best friend's sister's boyfriend's brother's girlfriend heard from this guy who knows this kid who's going with the girl who overheard Trump bragging about getting away with a felony at 31 Flavors last night! I guess it's pretty serious."
"Alvin Bragg, please don't inflict this on us."
As these difficulties with the case become more and more evident, I think it's increasingly clear that this prosecution is less about actually getting Trump than about being seen by Manhattan voters as making an effort to do that. Bragg's renomination in 2025 is far from assured and the Trump prosecution now seems to be primarily about propping up his hold on the office of the DA.
Lying under oath in a deposition did not rise to the level of removal from office.
In the end, It was left to interpretation that lying under oath was ok to protect a marriage.
We make compromises to protect stuff we care about all the time. Moms do that instinctively.
Claims that “no one is above the law” are made only when we want somebody put away.
As DJT spoke out in 2015 the immediate response was the CIA will assassinate his ass. But somehow they did not do their job. Then we thought Hillary must have wanted him to run. She had it all rigged. Then the vote count got unrigged by Adm. Rogers.
Then in 2020 it was rigged using illegal Mail in vote counts because of the COVID CRISIS from a bio weapon released exactly on time.
Now the CIA regime assassins are a real threat again. But do we care? After all he is a rude billionaire.
"The Dems never should have cheated and put Biden in the White House."
As I said two years ago, the Democrats should have willingly let Trump win, and keep up the vile hate for 4 years. Then, a pristine and guiltless new young Democrat party could have ruled for the next 20 years.
With a strong Trump economy and no inflation, based on quick elimination of the COVID penalty and no wars. Then they could have started lots of wars. They could have spent like mad and had them voting Democrat for a century.
No one has ever accused a Democrat of thinking in the long term.
"Justice, shmustice," says the Times. "We can railroad him with a biased jury in deep-blue Manhattan." Sickening.
"Alvin Bragg, please don't inflict this on us."
Remember what a great idea you thought it was to let a whole bunch of stupid negroes into law schools? They might not be smart enough to learn actual law, but the Commies on the faculty can just teach them that the law is an instrument of oppression. Then we can turn 'em loose to Get Whitey! What could go wrong?
""Legal Intricacies," indeed! These are obvious and terrible problems with the prosecution. It's not subtle! Alvin Bragg, please don't inflict this on us.
And it's so repulsive for the NYT to end this article by bucking up readers with the hope that the state judge will be biased."
Well said, Althouse. And it needs to be said.
Try getting back in the good graces of your commentariat by throwing out the red meat, AA.
Laws? We don't need no stinkin laws. We got judges!
This is ALL happening because of the 2020 election fraud.
Enjoy!
"Alvin Bragg, please don't inflict this on us. And it's so repulsive for the NYT to end this article by bucking up readers with the hope that the state judge will be biased"
As always, I appreciate the sentiment. The world would be a better place if run by Althouse rules. But it isn't. Therefore, please, pretty please, is not the right response to prog depredations. "It's so repulsive for the NYT" applies to most of their shenanigans. Remember the gratuitous exposure of our secret financial operations against al Qaeda? What they do is repulsive because they are repulsive. It's their MO. Of course, they hate us deplorables. But they despise Althousian liberals just as much.
Dave Begley said...
"Ann Althouse wrote, "Alvin Bragg, please don't inflict this on us."
He will. He wants the publicity. He wants the mug shot. It makes no difference if a state court judge dismisses the case; as should happen."
^^This. These morons, democrats and never Trumpers (but I repeat myself) want only one thing - a NYPD Trump mug shot that will be used over and over to "other" Trump and his supporters. A secondary purpose for the mug shot will be to deflect attention from any bad pub about the Biden crime family.
Anyone who thinks these fuckers have any concerns about "legal intricacies" is smoking some seriously good shit. This is battlespace preparation for the 2024 election, pure and simple. And THAT'S why there is no question that Trump will be indicted.
What's the level of crime for failing to disclose exculpatory evidence to the defendant? We already know the left doesn't see a crime when officials use fake evidence to trample the rights of innocents.
"Alvin Bragg, please don't inflict this on us."
"Please" has no place in that sentence.
I'm going to mention here something others haven't. Grand jurie are NOT limited to the testimony they hear in court. They're allowed to read newspapers, blogs, opinion pieces, anything on teh case they're considering. So act about the case have blown up on social media. The grand jury, even it it's 100% Democrat libeerals, has seen that.
My son was a county grand juror. There was an incident in the county that made a nationwide splash on blogs and social media. My son knew all anout it on Monday morning- as did several other grand jurors. It was in our town. My son knew people wo knew the people involved. The DA came in and said his voicemail and email inbox were full- he had been out of touch all weekend and confessed to them he hadne't a clue. The grand jurors told him why- and said they would deliver a no bill on the person arrested. And why. All charges were dropped that day.
With thatparticular grand jury seated, the DA had fewer indictments- and a greater conviction rate.
I have to wonder if people have been paying attention.
They don't want a mug shot, they don't want publicity, they don't want a campaign poster, they don't want to embarrass him - THEY WANT TO PUT HIM IN PRISON.
The walls have closed in so many times, Trump should be 12 feet tall and very skinny : )
isn't The Fact of The Matter; that Donald Trump is NOT a democrat.. And is thus: GUILTY*
GUILTY* of Not being a democrat.. The Worst Crime, in the world
Teach your grandchildren to speak Mandarin. They'll need the skillset to ask for them to use K-Y.
The world has changed. We're #3 now.
Tucker has made it abundantly clear tonight.
Blogger Readering said...
Try getting back in the good graces of your commentariat by throwing out the red meat, AA.
I see you are not interested in the truth. Fair enough. I assume you are ready to take your place in the Nomenklatura.
Serious Question
When (not, if; but WHEN) they throw Trump in prison (not for doing anything, but JUST BECAUSE)..
Does his Secret Service protection go With him? If NOT? WHY NOT? IF So? HOW does THAT Work?
I just don't see how any of this works.. At least, not how it works for the democrats??
Seems like, what They NEED; is for Trump to be shot while resisting arrest and attempting escape..
Yeah! That's the Ticket!!
Deadly Force against the leader of the opposition party
Deadly Force against the last person (legally) elected President
Your people Dr. Althouse
who is Trump defrauding?
He paid off a hooker.
If Trump hadn't wasted 4 years on Twitter and actually did something to drain the swamp - perhaps the swamp would not have drained him.
So, if you shot someone on 5th Avenue, and falsified your New York business records to covert it up, that would be a felony falsification of business records, But, if you shot someone on Broad Street in Newark, you could falsify your New York business records to cover that up without that falsification being a felony. Are you sure about that? The New York statute just uses the word crime.
Readering: "Try getting back in the good graces of your commentariat by throwing out the red meat, AA."
The Little Red Book weak mind types appear quite upset Althouse doesn't toe the lefty line on all issues.
Be forewarned Althouse, the resident stasi-babushka "watchers" are no doubt sewing your name into their very long scarf as we speak....
If you haven’t seen it yet, Trump found a letter, from 2018, from Cohen’s attorney, stating that he had paid the $130k on his own volition, that it wasn’t a campaign contribution, etc.
Hunter Biden's tax payer funded Hooker said...
If Trump hadn't wasted 4 years on Twitter and actually did something to drain the swamp - perhaps the swamp would not have drained him.
3/22/23, 8:56 PM
Kinda hard to beat the Deep State when people in your own party are fighting against you....People that want the GOPe to continue their grift.
Howie Carr said yesterday that Cohen decided on his own to pay off Daniels, Trump then reimbursed him. That was Cohen's original story. Then Cohen was indicted for his own problems.
Blogger Readering said...
"Try getting back in the good graces of your commentariat by throwing out the red meat, AA."
You've been here, how long? And you still don't know how this blog works?
Why don't you address the substance of the thread. Does the DA have the evidence to bring this to a grand jury?
Left Bank of the Charles said...
So, if you shot someone on 5th Avenue, and falsified your New York business records to covert it up, that would be a felony falsification of business records, But, if you shot someone on Broad Street in Newark, you could falsify your New York business records to cover that up without that falsification being a felony. Are you sure about that? The New York statute just uses the word crime.
You are just a dishonest piece of shit. Nobody anywhere has supported the actual legal case Bragg is bringing or said it is legitimate. Not even the NYT's.
Meanwhile Joe Biden undeniably took Millions from Communist China.
There is no reasoning with these Soviets. Left Bank will go to any length to destroy Trump and anyone who supports him.
You all need to understand what it will take to stop these people. They will not accept legitimate elections. They have already resorted to violence against you.
Bruce Hayden said...
If you haven’t seen it yet, Trump found a letter, from 2018, from Cohen’s attorney, stating that he had paid the $130k on his own volition, that it wasn’t a campaign contribution, etc.
It is now open knowledge that Alvin Bragg hid evidence from the Grand Jury.
The people supporting this are Soviets and they are openly embracing it.
Reason, justice, and logic will not stop them.
What we are going to learn between now and 2024 is how far people will go to protect freedom and equal justice under the law.
Because the Biden Regime and it's supporters have showed that they will resort to any injustice and any violence they need to commit to retain power.
Hunter Biden's tax payer funded Hooker said...
If Trump hadn't wasted 4 years on Twitter and actually did something to drain the swamp - perhaps the swamp would not have drained him.
So you want to support the people in the Republican party that betrayed Trump.
Wow.
Just wow.
And yet, the liberals will still complain that the conservative justices on SCOTUS cause the public to question the judiciary's legitimacy. It certainly couldn't be because liberals use political prosecutions with favorable judges like they hope to do here.
"Try getting back in the good graces of your commentariat by throwing out the red meat, AA."
I'll take mine medium rare with a glass of Merlot. Thank you. Oh, and a full baked jacketed potato. Hold the fava beans.
But was the prosecution of Michael Cohen "a political prosecution"? That prosecution was conducted by the Department of Justice under the Trump Administration. It involved, in part, the very same factual circumstances that involve Trump, who was identified in the Cohen case as "Individual 1."
Interestingly, there are stories that then-AG Bill Barr tried to intervene in the Cohen case at some point. Why not just put a stop to it, if it was truly "a political prosecution"?
Trump now exalts in the fact that Cohen is a convicted liar and a "jailbird." Is it the result of what was a "political prosecution"? has Trump ever said that Cohen was the victim of a political prosecution? (Trump might have! Before Cohen flipped, that is. But it all just demonstrates how situational are Trump's ethics and complaints.)
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