At the heart of the issue was President Trump’s motion to dismiss the entire lawsuit. Judge Juan Melchán criticized Trump’s arguments point by point and implicitly criticized critics for disparaging the case.His ruling put an end to the idea that This is a Picayune problem. “The court agrees that this matter involved a complex investigation. Furthermore, while it is true that the charges were the lowest level of felonies and no one suffered physical harm, “There is no way that the allegations are not serious.” He claims that he falsified 34 business records in order to conceal this.” In short, the judge wrote: “Those are serious allegations.”
The media always refers to this as a “hush money” case. However, hush money payments are neither illegal nor relevant.This is an attempt Illegally hiding harmful information from voters That’s the problem. If the “Big Lie” about a stolen election was a central feature of President Trump’s coup attempt after the 2020 election, lies about the nature of his payments came just days after the “Access Hollywood” revelations , it was an effort to persuade voters in 2016. .
Specifically, the justices found that Trump (who is notorious for delaying lawsuits) was not deprived of his due process rights because: District Attorney’s Office. The case is scheduled for trial on March 25th.
Marchan also explained that the upgrade to a felony was fully justified under New York State. Law: Falsification of business records is a felony if “the intent to defraud includes the intent to commit, aid, or conceal another crime.” (The allegation that he lied to cover up another crime is the same as the obstruction charge in Mar-a-Lago; concealment is at least As bad as the underlying crime. )
Machan thought so. The law states that “invoices, checks, and general ledger entries are actually ‘business records.'” (“Invoices, checks, and general ledger entries generated in 2017 are archived and maintained by the Trump Organization. [then-Trump-lawyer Michael] Cohen admitted to a scheme discussed and executed by Cohen and the defendants in 2015 and 2016. ”) Of note: This plan began before Trump became president and was unrelated to his job as president..
As for raising the count to a felony, Marchan said all that is needed is intention to commit other crimes. Among those proposed here: federal campaign finance laws, state campaign finance laws, tax laws (by charging Mr. Cohen the sum), and other sources of misrecording (i.e., due to a “catch-and-kill” scheme). , Machan found all but the last one. Enough to present to a jury. This allows Mr. Bragg to present his three solid theories with factual support supporting the felony charges.
Mr. Bragg also presented evidence of President Trump’s intent to defraud him of enough money to defeat the motion to dismiss. “The public was made aware that the defendant sought to suppress the disclosure of information that could have a negative impact on the U.S. presidential election campaign, and that the defendant made false statements in related documents.” The jury claims that the defendant’s “intent to defraud” was proven. Delete business records to prevent both plans and underlying information from being exposed to the public. ”
Marchand rejected Trump’s favorite claim of selective prosecution.The only example cited by President Trump – campaign violations by his 2016 presidential opponent, Hillary Clinton. — As proof of his selection, Mr. Marchan said there was no resemblance. Additionally, the judge pointed to a number of other cases. 437 To be precise, among them Falsification of business records The defendant was charged with a felony because he intended to conceal other crimes.
And that’s where Bragg’s critics wince. Mr. Bragg made the right decision not to go looking for something to criticize Mr. Trump. exempted Mr. Trump will be freed from charges against 437 other New Yorkers simply because he is a former president. This concerns the fundamentals of the rule of law. A former president does not have a get-out-of-jail-free card for actions he did before or during his presidency. (The Supreme Court will likely decide whether President Trump has immunity) ) If not, we would simply allow a few former presidents to have special status.
Do we really want a criminal running for president? Until now Are you being indicted? And as much as critics think this is just a “misdemeanor,” they agree with the people of New York who have decided this act is a felony.
That’s a fact. Justifies a felony based on sound facts that are easily explained to the jury. brought against other defendants. As Merchan explained, At the hearing, Bragg chose not to preempt other lawsuits. (Conversely, they would have delayed other cases if they had started in early March.) Trump’s excessive delays and appeals (all lost so far) have delayed other cases. Therefore, the judge postponed the case to late March. The people of New York State have every right and expectation that the law will be enforced.
Mr. Bragg still must prove all elements of the crime beyond a reasonable doubt. Cohen’s testimony is shaky, to say the least, but there appears to be evidence to support important points. A Manhattan jury sworn to follow the facts and apply them to the law will be the final arbiter. Those who think it is wrong to prosecute Trump will be weeded out during jury selection. Trump will then face a jury of his colleagues. No wonder he gets so angry at the thought of going to trial.