The indictment cites the invoice from Cohen. Trump didn't falsify Cohen's invoice. It also cites a general ledger entry. Trump didn't make any general ledger entries. And the indictment doesn't allege the underlying crime Trump was supposedly covering up. Bragg told Trump's lawyers to go fuck themselves when they asked why the crime was.
We have spent a lot of effort trying to discover the predicate crime the DA is relying on for the felony enhancement. The lefties here have made all sorts of nonsensical comments about the obligation of the prosecutor to identify the crime- those comments are just made in ignorance- they didn't know the answer so they pretended it was not required.
The judge ruled on this back in February. His ruling was that the underlying (predicate) crime did not have to be included in the indictment, if the facts presented to the Grand Jury were sufficient to show there was grounds for alleging one, and the defense was provided with a bill of particulars that spelled out the crime alleged.
The ruling identified 3 crimes and eliminated one possibility, I listed those 3 that would be allowed in my post #33.
Yesterday in a sidebar, the prosecution finally identified by statute the primary underlying crime they are alleging- it is NY Election Law 17-152. It states:
"Any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means and which conspiracy is acted upon by one or more of the parties thereto, shall be guilty of a misdemeanor."
So the prosecution's case is that the agreement with Pecker, Cohen, and Trump constitutes a "conspiracy using unlawful means" to promote the election of Trump. Presumably the "unlawful means" is the recording of the payments to Cohen in the accounting system as "legal expenses" and not "hush money", since NDA's are not illegal.
In order to convict, the jury will have to be convinced that Trump was aware that the suppression of the stories was an illegal conspiracy, and that the recording of the payments as legal expenses was intended to hide the agreement with AMI to find and suppress negative stories about Trump.