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If you read my weekend blog post, you know that I've been pointing out that the predicate crime in the Trump trial is not clear.

(For what I mean, see my weekend blog post).

Here is what the Washington Post reported.

See screenshots #1 and #2.

Here is the law: https://www.nysenate.gov/legislation/laws/ELN/17-152?utm_medium=email&wpisrc=nl-nationalpopup&utm_source=newsletter&utm_campaign=wp_the_trump_trials

To be clear: I have no idea how this trial will turn out. I cannot substitute my judgment for the jury because I am not seeing what they are seeing.

1/

3. PROSECUTORS REVEALED MORE ABOUT THEIR UNUSUAL STRATEGY Prosecutors are employing an unusual legal strategy in this case: They are attempting to tie the alleged doctoring of financial records to the more salacious election-related conspiracy for which Trump is not facing charges. Under state law, charging Trump with simply falsifying business records would be a misdemeanor, but alleging that the falsification was done to conceal or further another crime makes it a felony. (Trump faces 34 felony charges in the case.)
In the Trump case, prosecutors have often been vague about what, exactly, is the underlying crime that was allegedly being concealed or furthered in the hush money case. But on Tuesday, prosecutor Joshua Steinglass said the statute in question is New York State Election law 17-152 — conspiracy to promote or prevent an election. That law makes it a misdemeanor when “any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means.” Steinglass said the entire prosecution theory “is predicated on the idea that there was a conspiracy to influence the election in 2016.”

NYS Open Legislation | NYSenate.gov

www.nysenate.gov
#2 #1
This entry was edited (3 weeks ago)
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