‘Hush money’ is not a crime, and Bragg has no case against Trump

Absolutely, but every defendant has the right to legal representation. But no obligation to listen to them. If Trump tells the judge he wants to testify, his lawyers can't stop him.

Right, yes. But it would be dumb as fuuuuuuuuck for him to ever try. He comes off as whiny and entitled on deposition video where his lawyer can jump in at every stage to protect him.

On the stand, he'd implode.
 
I'm not surprised to see you so fascinated with another man's package. Whatever flips your switch.
That is why Trump paid so much Hush Money to Stormy Daniels…..So she wouldn’t reveal the laughable deficiencies of his manhood
 
Ah, a No True Scotsman fallacy! Any Christian that does something you don't like is no True Christian.

That's a classic.
The teachings of Jesus and true God worship history prove they are not of Jesus. Don't twist things, twisted things never make a truth. It just reaffirms ones own false reasonings.
 
That is why Trump paid so much Hush Money to Stormy Daniels…..So she wouldn’t reveal the laughable deficiencies of his manhood
stormy-testimony-be-like-v0-g0jmqldv4qwc1.jpeg
 
The NY county persecutor alleges that the “other crime” in the Trump case (which elevates the aleged faslifyng business records from a misdemeanor to a felony) was his alleged conspiracy to remote the election of himself via unlawful means. NY State Elec. Law § 17-152. It’s a misdemeanor.

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, among other things, the DA Bragg legal “theory” of the case is that the commission of a misdemeanor in this matter elevates the alleged commission of some other misdemeanor to a felony. Hey. It’s evidently what the law was intended to allow. But it’s very counterintuitive.

Now, to dig in a little.

For the election law “crime” the effort must include the breaded use of unlawful means. What unlawful means? An NDA? It’s legal. So that can’t be it.

Ah. A little bootstrapping perhaps? The “unlawful means” has to refer instead to the alleged “falsification” of the entry in the Trump books reflecting the payment to Cohen of one of his submitted bills for legal services.

It almost looks like Bragg believes that paying your lawyer is not legal?

No? An alleged effort to conceal a legal payment becomes a misdemeanor when the objective is to avoid negative publicity regarding one’s candidacy? That can’t be right. It’s also not an “unlawful means” to trying to win an election by avoiding negative publicity.

Hm. No? So no what’s the Bragg theory?

Maybe: the supposed effort to “hide” the purpose of a legally permissible NDA payment was to conceal something which wasn’t an “unlawful purpose?”

Ya know. That sounds legally absurd, too.

The real question here is why the fuck Judge Merchan hasn’t excoriated the persecution and outright dismissed this nonsensical indictment.
 
What I said, you mental Pygmy, is that not TRUE crimes are alleged in the Bragg indictment.

And it’s in court because judge Merchan doesn’t have the balls to make the right call and simply dismiss it.
Maybe you need to become more American, or learn about the America legal system before you flap your lips, and strike the keys on your keyboard.

"Mr. Trump’s lawyers argued that the New York statute requires that the predicate (underlying) crime must also be a New York crime, not a crime in another jurisdiction." They have no argued what you are arguing. Why? Because they know Bragg was correct when he said the indictment doesn’t specify the potential underlying crimes because the law doesn’t require it.
 
Maybe you need to become more American, or learn about the America legal system before you flap your lips, and strike the keys on your keyboard.

"Mr. Trump’s lawyers argued that the New York statute requires that the predicate (underlying) crime must also be a New York crime, not a crime in another jurisdiction." They have no argued what you are arguing. Why? Because they know Bragg was correct when he said the indictment doesn’t specify the potential underlying crimes because the law doesn’t require it.
You have somehow managed to correctly state the persecution’s contention that the law doesn’t require that the state set forth the supposed “underlying” crime.

That doesn’t mean that the persecutor is necessarily correct, however.

As I previously noted, you ignorant twit, it’s true that for the crime of burglary under NY State law the People are not required to state the underlying crime intended to be committed. This doesn’t mean that they aren’t required in a falsification of business records case to state which crime the accused allegedly was seeking to commit or conceal.

Among the infinite things the dainty doesn’t know diddly dick about, there’s this:

CPL §200.50 (7) states:

" an indictment must contain [a] plain and concise factual statement in each count which asserts facts supporting every element of the offense charged and the defendant's or defendants' commission thereof with sufficient precision to clearly apprise the defendant or defendants of the conduct which is the subject of the accusation."

It is an element of the felony charge of falsification of business records that the accused intended to commit or conceal some other “crime.”
 
The dainty remains a troll. He likes to try to bait. He remains persistently and intentionally off-topic. He also lies. A lot.

But. Back ON TOPIC:

Paying for an NDA is not a crime.

Getting a bill from your lawyer and noting the payment thereof in your company ledgers is also not a falsification. Not even if the lawyer included a payment for the NDA on your behalf and the bill (albeit silent on it) covered that NDA payment.
 
The dainty remains a troll. He likes to try to bait. He remains persistently and intentionally off-topic. He also lies. A lot.

But. Back ON TOPIC:

Paying for an NDA is not a crime.

Getting a bill from your lawyer and noting the payment thereof in your company ledgers is also not a falsification. Not even if the lawyer included a payment for the NDA on your behalf and the bill (albeit silent on it) covered that NDA payment.
Who said in court that paying for an NDA is a crime?
 
The dainty remains a troll. He likes to try to bait. He remains persistently and intentionally off-topic. He also lies. A lot.

But. Back ON TOPIC:

Paying for an NDA is not a crime.

Getting a bill from your lawyer and noting the payment thereof in your company ledgers is also not a falsification. Not even if the lawyer included a payment for the NDA on your behalf and the bill (albeit silent on it) covered that NDA payment.
Who said in court that paying for an NDA is a crime?
Damn. You’re obtuse.

Let’s just see if you can take things one step at a time.

It seems we agree on one thing to commence:

Paying for an NDA s legal.

Care to proceed to the next step?
Who said in court that paying for an NDA is a crime?
 
Just an outrageous matter. And it further marks NYC as a place businesses should avoid.

But this fake case with a corrupt Democrat hack of a judge presiding is the lowest point in American jurisprudence, perhaps ever.



It got me to thinking: Why do we call it the “hush money” trial?

Well, sure, the media-Democrat complex loves the salacious overtones of that spin. But that’s not the real reason. If Trump had robbed a bank or, as he once famously put it, shot someone on Fifth Avenue in broad daylight, we’d be talking about Trump’s bank robbery trial or his murder trial. That is, we’d be talking about the crime.

The problem that Democrats and their note-takers have, the problem that the elected progressive Democratic prosecutor Alvin Bragg has, is that what they want to accuse Trump of is not a crime.

Yes, of course, Bragg has indicted Trump for a nonsensical business-records falsification offense — a mere misdemeanor that he has abusively tried to inflate into 34 felonies. But that’s not what he and Democrats are really alleging.

What they want to say, instead, is that Trump stole the 2016 election. Only they can’t do that. After all, that would make them election deniers — just like Trump.

They’ve spent nearly four years telling Americans that Trump is the most profound threat to our constitutional order in history because, to this day and even as he seeks the Oval Office yet again, he will not admit that he lost the 2020 election fair and square. Yet, boiled down to its essence, Bragg’s indictment accuses Trump of stealing the 2016 election. It is not the former president but the district attorney who is the election denier.

But more to the point, Bragg’s elaboration of Trump’s supposed criminal scheme — laid out in a Statement of Facts, so-called, that he penned and published when the indictment was unsealed — elucidates that what he is accusing Trump of is not a criminal conspiracy.

That is why Democrats and their journo allies have to say “hush money” trial. It sounds sinister, and when you don’t have a crime and you’re about to commence a criminal trial, you’d better sound sinister.

In its curtain-raiser, the Democrats’ house organ, the New York Times, tells readers that in their opening statement, “Prosecutors from the Manhattan district attorney’s office are expected to say that Mr. Trump orchestrated a scheme to suppress stories that could have damaged his 2016 campaign.”

That’s probably right. There’s just one tiny glitch: It is not a crime to suppress damaging information.

Politicians do that habitually. The Clintons and their cronies notoriously ran a “bimbo eruption” war room in the lead-up to Bill’s 1992 election, squelching revelations by women who credibly claimed to have had trysts with the then-Arkansas governor.

Come to think of it, who among us doesn’t have some skeletons we’d prefer were left in the closet? Unless there is a legal obligation to disclose, it is not a crime to suppress embarrassing details.

What are pejoratively described as “hush money” deals are actually legal and commonplace. They are less promiscuously described as non-disclosure agreements. Far from being unlawful, NDAs are a staple of civil litigation settlements in the United States.

Look, if scheming to suppress information were a crime, Bragg’s case would be very simple: He would have charged Trump with scheming to suppress information.

And if Bragg had evidence that Trump had actually stolen the 2016 election, that would be simple too: He would have charged Trump with crimes that were committed in the lead-up to the 2016 election.

Instead, Bragg has charged business-records falsification on the absurd theory that the way Trump booked NDA payments violated federal campaign laws — even though Bragg, a state prosecutor, has no authority to enforce federal law; and even though the NDA payments were technically not campaign expenditures, which is why the feds did not bring enforcement action against Trump.

And since he doesn’t have an election-theft crime, Bragg has ludicrously charged as felonies the booking of NDA installment payments that occurred from February through December 2017. You are being asked to suspend common sense and believe that Trump stole an election in 2016 by committing crimes that didn’t happen until the following year.

That’s why they call it the “hush money” trial. From the perspective of Bragg and Democrats, to accurately describe what they’ve alleged would be to see it laughed out of any court that isn’t a kangaroo court.


Andrew C. McCarthy is a former federal prosecutor.


Why would anyone want to vote for a president who pays Hush Money though? So what if it isn't a crime, doesn't it indicate how incredibly unethical and immoral Trump is? If he was ethical and moral he wouldn't need to pay hush money. I mean doesn't this say that he is very corrupt and immoral? You want a person with that kind of character as a US President? I certainly don't! Really Republicans are losing their marbles for still wanting Trump as president.
 

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