WorldWatcher
Platinum Member
Not for this mystery crime, of which there is no presumption of innocence until proven guilty. Try harder.
Factually incorrect.
From Justice Merchan's opening instructions to the jury.
"To the contrary, the People have the burden of proving the defendant guilty beyond a reasonable doubt. That means before you can find the defendant guilty of a crime, the People must prove beyond a reasonable doubt * * EVERY ELEMENT OF THE CRIME * *, including that the defendant is the person that committed that crime."
That means that not only do that have to prove to the jury the falsification of business records, they have to prove the direct connection to the enhancement crime that created the intent for the falsification of those records. Because the enhancement crime is required as an element of the crime for a felony conviction.
The crime charged is felonious falsification of business records to hide/aid in the commission of another crime. The other crime does not need to be charged, not is the defendant required to have been adjudicated for the other crime, it could be committed by others as part of a conspiracy. So we have:
- Cohen, Pecker and Trump conspiring to create their "catch and kill" schemed (which may not be unlawful in itself, however the method of paying for the catch and kill scheme WAS unlawful.
- Michael Cohen, adjudicated and convicted of federal criminal campaign finance violations.
- David Pecker (CEO of AMI, Inc.) making illegal campaign contributions to the Trump Campaign until his lawyers found about his illegal activity and told him to stop and the subsequent entry into a non-prosecution agreement in exchange for testimony and documentary evidence.
- You have possible tax evasion under New York State law.
Oh, one other thing. New York State business law does apply to FPOTUS#45 and the Trump Organization because that is where the business is based. You said earlier New York State law doesn't apply to the presidency, I agree. However, It does apply to elections in the State of New York (federal and state) and FPOTUS#45 was not the President at the time the crimes were committed by Cohen/Pecker. Crimes he later was trying to conceal when he ran the reimbursements for Cohen through his business entity.
WW
Last edited: