Re: GUILTY. All 34 counts.

Adam H. Kerman <ahk@chinet.com> wrote:

BTR1701 <atropos@mac.com> wrote:

May 31, 2024 at 7:43:16 PM PDT, Adam H. Kerman <ahk@chinet.com> wrote:

shawn <nanoflower@notforg.m.a.i.l.com> wrote:

Sat, 1 Jun 2024 10:54:32 +1200, Your Name <YourName@YourISP.com> wrote:

On 2024-05-31 10:46:00 +0000, FPP said:

On 5/31/24 4:48 AM, trotsky wrote:

On 5/30/24 4:17 PM, FPP wrote:

 

GUILTY. All 34 counts.

 

I called it. Let the whining begin!

 

Yup... I was shooting for Friday.  Really surprised, since a half hour
before, the judge was shutting it down for the day.

 

Trump the Chump's whining startedd immediately and his braindead
supports declared "war" not long after.

 

Not that this decision means anything in reality. The whole mess will
drag on for years longer yet with numerous appeals, counter-appeals,
etc. Trump the Chump and most of the witnesses will be dead of old age
before it ends, and even then you'll probably have their kids trying to
clear their names one way or another.

 

Not that long but yes, it will likely go on for a couple of years.
There are two level of appeals at the NY state level and then Trump
can try to jump to the US Supreme Court if both levels of appeal fail
to overturn the verdict.

 

There's no direct appeal from state court to federal court. They have to
find a federal issue to dispute.

 

There is a federal issue. The predicate crime that the state used to
bootstrap the state charges despite it being beyond the statute of
limitations was a federal crime, and one that both the DOJ and the FEC
had already looked at and determined there was no violation. So the
question of whether the entire basis of the state's case was valid is
a federal question.

 

I am certainly not going to agree that the feds ever made a finding of no
violation. Prosecutors never say that out loud, anyway, when there are no
charges preferred against the target of the investigation. The FEC isn't
doing its job if every entity those funds passed through didn't receive
a letter in which they found campaign disclosure violations. Fines should
have been issued.

 

Do we know why prosecution was limited to Michael Cohen?

 

Say, was Stormy Daniels herself obligated to make disclosure?

 

I don't see how the issue is moot because the underlying crime can no
longer be charged.

 

Trump's complaints that Biden is behind the conspiracy are equal
protection but I doubt there's an actual equal protection argument to
make. Mark Levin's tweet, that I referenced elsewhere, had several due
process arguments to make.

 

But the issue of the state law itself cannot be contested in federal
court.

 Ok. The point BTR1701 made here has bothered me for days. I didn't track
down the language of the criminal statute Trump was charged under, but I
found descriptions of what the charges were. I'll assume it's consistent
with the law, else Trump would have gotten the charges thrown out.
  In New York, in order for the charge of falsifying business
records to be bumped up to a felony, one must commit the crime
of falsifying business records when the "intent to defraud
includes an intent to commit another crime or to aid or conceal
the commission thereof."
 https://www.factcheck.org/2023/04/whats-in-trumps-indictment/
 To provide the case, the state doesn't prove that there was a violation
of the underlying law. The state proves intent to commit another crime,
or to aid or conceal the commission thereof.
 The state must prove intent to commit the crime without, in fact,
proving that the underlying crime was committed?
 Can one intend to commit a crime be proven without the crime having been
committed? The intent is the criminal act for the purpose of the
criminal charge of fraud based on proving intent in the underlying
crime?
 I don't get it.