I have now seen the previously sealed 34-Count Indictment of former President Trump. The Indictment had been “sealed” pending Trump’s arrest.
All Felonies. All of the charges are felonies or purport to be. This makes sense given the expiration of the limitations period for charging misdemeanors in New York.
What other crime? The elevation of a misdemeanor false business record into a felony requires the intent to commit another crime. All 34 counts mention another crime without identifying it. Prosecutors probably had in mind a federal offense related to campaign funds and campaign spending. I am among those uncertain that a federal crime is a “crime” within the meaning of the applicable New York law. Trump’s lawyers can be expected to file a motion to dismiss.
A Warning to Lawyers. One easy way to become a former lawyer or an ex-con is to take a turn representing Donald Trump. Just ask Michael Cohen. The weakest part of the Trump defense is Trump, who is already publicly criticizing the Manhattan Judge who will preside over his case. No lawyer in his right mind should be willing to represent Trump.
The Real Issue: The New York Indictment is chicken shit. My observation is that paying a whore to open her legs may be a crime though paying a whore to keep her mouth shut is no offense. The allegation is that Trump falsified business records (normally a misdemeanor) 34 different ways in a single transaction with Michael Cohen in furtherance of another crime which is unidentified, even though it looks to be an element of each Indictment count. The real issue is Trump’s lies about the 2020 election of Joe Biden and Trump’s vile incitement to riot on January 6, 2021. For that he deserves prison. Meanwhile, we have chicken shit from Manhattan.
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