Trump lost out twice in one day in appellate court on two issues central to his public criticisms of the hush-money case: the trial venue and the trial judge.
To be clear, it is not a hush money trial. It is an election interference trial. Hush money is not actually criminal in and if itself, the fact that it was used in relation to influencing an election is what makes it a crime. It is election interference.
The payment of hush money would have counted as a campaign contribution regardless of the source. If he paid it personally it would have been reportable. If Cohen paid it it would have been reportable. If a third party paid it it would have been reportable.
The reason it would have been reportable is because it provided benefit to the campaign. Covering up negative news is a benefit to the campaign, so if he paid it himself it would still have been a campaign contribution he would have to report.
By covering up the payment he is taking or making a campaign contribution in violation of FEC rules. By suppressing the story of his affair with Stormy Daniels he is contributing to his campaign and failure to disclose makes this a crime.
The fact that he committed a crime by failing to report a campaign contribution is what makes the payment itself part of a felony rather than a misdemeanor. In New York law they do not have to prove the specific electoral crime itself for this set of falsifications of business records to be related to a felony level crime and therefore felonious. The jury instructions approved by the judge specifically say that the jurors can find that he violated one of several options of law for raising this to a felony.
The problem is people on juries can (try) to disregard instructions. I served on one and was NOT the foreperson and yet was the only one to speak up when some insisted on raising hypothetical motives when the judge had specifically instructed us only to consider presented evidence.
“No, you cannot guess as to what occurred” I had to repeatedly say.
I worry that one or more jurors will rationalize instead of fulfill their sworn duty. I hope not but….
Yeah I am confused by the amount of likes but iirc there’s three significant cases:
hush money payments to stormy Daniels (the problem is that the payments are misappropriated funds, it’s actually quite dumb)
election interference in georgia (the one that people feel more strongly about for obvious reasons)
mar-a-lago classified documents (mishandling, especially by retaining them after losing rights to handle as well as to see them). Last news was that he had even more shit tucked away in his bedroom iirc.
Yes there was another suit against the trump org in NY for fraud, but it’s basically over, a judgement has been entered and last thing I’ve heard is that he was trying to secure a bond and the latest bond company got rejected by the court because something something not offering collateral.
I have no clue what the current status of this case is.
To be clear, it is not a hush money trial. It is an election interference trial. Hush money is not actually criminal in and if itself, the fact that it was used in relation to influencing an election is what makes it a crime. It is election interference.
No, you still have it wrong. It’s the fact that it was business fraud and ultimately came from campaign dollars.
Trump could have avoided literally alll of this simply by paying cash out of pocket.
The payment of hush money would have counted as a campaign contribution regardless of the source. If he paid it personally it would have been reportable. If Cohen paid it it would have been reportable. If a third party paid it it would have been reportable.
The reason it would have been reportable is because it provided benefit to the campaign. Covering up negative news is a benefit to the campaign, so if he paid it himself it would still have been a campaign contribution he would have to report.
By covering up the payment he is taking or making a campaign contribution in violation of FEC rules. By suppressing the story of his affair with Stormy Daniels he is contributing to his campaign and failure to disclose makes this a crime.
The fact that he committed a crime by failing to report a campaign contribution is what makes the payment itself part of a felony rather than a misdemeanor. In New York law they do not have to prove the specific electoral crime itself for this set of falsifications of business records to be related to a felony level crime and therefore felonious. The jury instructions approved by the judge specifically say that the jurors can find that he violated one of several options of law for raising this to a felony.
The problem is people on juries can (try) to disregard instructions. I served on one and was NOT the foreperson and yet was the only one to speak up when some insisted on raising hypothetical motives when the judge had specifically instructed us only to consider presented evidence.
“No, you cannot guess as to what occurred” I had to repeatedly say.
I worry that one or more jurors will rationalize instead of fulfill their sworn duty. I hope not but….
¯\_(ツ)_/¯
Yeah I am confused by the amount of likes but iirc there’s three significant cases:
Wasn’t there a 4th case, something about New York?
You are thinking about the real estate fraud. He over valued properties for loans and under valued them for insurance purposes
Yes there was another suit against the trump org in NY for fraud, but it’s basically over, a judgement has been entered and last thing I’ve heard is that he was trying to secure a bond and the latest bond company got rejected by the court because something something not offering collateral.
I have no clue what the current status of this case is.