How Judge Merchan Is Orchestrating Trump’s Conviction


yes for tax fraud, but no for lying to congress. And yes to campaign finance violations.
?? "Michael Cohen pleads guilty to lying to Congress"

 
?? "Michael Cohen pleads guilty to lying to Congress"

ok yea, that came a few months later. But part of the initial charges were campaign finance violations from payments in 2016.
 
Cohen's crimes directed at the bequest of individual#1....that Cohen was charged and convicted of and served some time in a cell a few years back involving campaign finance laws, trump was un-indicted Individual #1

The falsifying business records was to cover up Cohen's crimes, is my best guess.....
Your guess sucks, because falsifying the business records won't cover up perjury, nor an excessive campaign contribution.
 
This isn't America. This is the 1930s Soviet Union. It is a show-trial that Stalin would be proud of.

And like then, when millions applauded, we have you, and you know who you are, applauding this.


The former president is not charged with a conspiracy to steal the 2016 election — but the jury might think he is.
If former president Donald Trump seems even more cantankerous in his Manhattan courthouse press conferences than in those he has held at other Democratic lawfare venues, it is undoubtedly because of his unique insight into what is being done to him there. As a young mogul, Trump learned hardball litigation at the feet of Roy Cohn, a rogue master of the game. Cohn’s No. 1 rule was: “Don’t tell me what the law is. Tell me who the judge is.”
In the ongoing criminal trial, elected progressive Democratic DA Alvin Bragg doesn’t have much of a case. But he has the judge, and that is all he needs.​
Judge Juan Merchan is orchestrating Trump’s conviction of a crime that is not actually charged in the indictment: conspiracy to violate FECA (the Federal Election Campaign Act — specifically, its spending limits). That should not be possible in the United States, where the Constitution’s Fifth Amendment mandates that an accused may only be tried for a felony offense if it has been outlined with specificity in an indictment, approved by a grand jury that has found probable cause for that offense.
...
Yet, Judge Merchan has swallowed whole Bragg’s theory that he can enforce FECA. The judge not only ruled pre-trial that Bragg could prove the uncharged federal crime; he has abetted Bragg’s prosecutors in their framing of the case for the jury as a “criminal conspiracy,” notwithstanding that no conspiracy is actually charged in the indictment — under either federal or state law. And although the trial has been under way for just a week, Merchan has already made key rulings patently designed to convince the jury that Trump’s complicity in a conspiracy to violate FECA has already been established.
...​
Even though prosecutors are not supposed to use Cohen’s guilty pleas to argue that Trump is guilty of campaign crimes, that is exactly what they are doing — and Merchan is letting them do it. In the prosecution’s opening statement, for example, in the context of explaining to the jury that Cohen, Pecker, and Trump had committed a “conspiracy” of “election fraud. Pure and simple,” Colangelo elaborated:​
This is breathtakingly mendacious. Colangelo was not properly admonishing the jury that Cohen is a witness of dubious credibility. He was signaling to them that the NDA payments to McDougal and Daniels — for which he had just blamed Trump in an extensive narrative — were crimes for which Cohen “went to jail.” In reality, Cohen was sentenced to prison because of his lucrative fraud crimes, not the FECA charges. The SDNY never charged Trump, and it almost certainly wouldn’t have charged Cohen if he hadn’t agreed to plead guilty.
...​
If this weren’t so cynical it might be amusing. Merchan let prosecutors make this argument right after pre-trial instructions, in which he explained to the jury:
This is true. Pecker is not an expert in federal campaign law — he shouldn’t be allowed to testify about it. And what he may have been thinking — or, even more of a stretch, what AMI’s general counsel may have been thinking — about whether it would have been legal for AMI to take reimbursement from Cohen and Trump is irrelevant. It is not admissible evidence of Trump’s state of mind, let alone Trump’s guilt on the uncharged conspiracy allegation. Nonetheless, Merchan let prosecutors intimate to the jury that a knowledgeable lawyer had told Pecker it would be illegal for AMI to be compensated by Cohen and Trump for the money paid to McDougal. The judge has to know that’s improper.
In calling Pecker as their first witness, prosecutors had him testify that federal law is violated by expenditures made for the purpose of influencing an election.​
...​



I guess we have to make a determination whether we wish for your "Fairytale" or the reality of a 1930s Germany or a 1920s Italy which neither are fairytales if we do nothing.
 

‘Intentional Misfeasance’

Makes Show Trial Conviction Ripe For Reversal, Legal Experts Say

31 May 2024 ~~ By M.D. Kettle

Leftist District Attorney Alvin Bragg’s show trial delivered the Democrat Party’s dream: A felony conviction against their most hated political enemy.
The prosecution and the trial also were also littered with legal landmines and “reversible error” that should make former President Donald Trump’s looming appeal a slam dunk, legal experts say.
Historical and stunning but not surprising to many who have closely followed left-wing lawfare in recent years, the 12 angry Manhattan jurors after two days of deliberations found Trump guilty on all 34 trumped-up felony counts against him. Judge Juan Merchan has scheduled sentencing for July 11, just four days before the Republican National Convention is slated to begin in Milwaukee, where the GOP is poised to again nominate Trump as its presidential candidate. He will face President Joe Biden in the rematch of 2020’s mess of an election. Trump also is facing the possibility of spending the rest of his life in prison, depending on the vindictiveness of a New York judicial system that has already proved to be quite vindictive.
But the appeals process is certain to stall any sentencing, probably until after the election. And there is nothing currently stopping Trump from continuing his third presidential run, even with the kangaroo court felony conviction cheered on by his incumbent opponent.
One of the Craziest Things
Constitutional law expert Hans von Spakovsky says the conviction isn’t likely to stick, for an array of reasons. Chief among them: Merchan’s convoluted jury instructions, in which the Biden campaign-donor judge framed the jury’s deliberations in a way that, according to legal expert Jonathan Turley, “seemed less like a jury deliberation than a canned hunt.” Merchan told the jurors they didn’t have to agree on the three possible “unlawful means” prosecutors vaguely alleged Trump had employed to “influence” the 2016 election.
“The jurors were told that they could split on what occurred, with four jurors accepting each of the three possible crimes in a 4-4-4 split. The court would still consider that a unanimous verdict so long as they agree that it was in furtherance of some crime,” Turley wrote in the Hill before the verdict was handed down.
Threw the Constitution "Out The Window
Defense attorney Randy Zelin told CNN that Merchan’s jury instructions contained a “key flaw.”
~Snip~
Von Spakovsky said the courts should act as expeditiously as the Supreme Court did in the Colorado ballot access case in which it unanimously overturned the Colorado Supreme Court’s ruling kicking Trump off the state presidential primary ballot.
As for Merchan, von Spakovsky said the judge is either one of the most incompetent judges he has ever seen or his curious instructions to the jury was “a sign of intentional misfeasance.”
“In fact, I think it’s the latter because throughout this entire case he has acted as if he is an alternate member of the prosecution team,” the legal expert said.


Commentary:
There are plenty of aspects to this case begging for appeal. It may take a run through a couple levels of appeal to get to a court that doesn’t want Trump strapped in the electric chair.
After seeing the real-time corruption of New York City judges, prosecutors, and jurists can anyone say they would not vote for secession from this corrupt race of people?
The South did the right thing in 1860; that is for sure.
Democrat Neo-Marxists appoint only judges that legislate from the bench, or are more than willing to violate and work outside the Constitution and law to advance their Marxist ideology.
 

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