This is the part that gets me:

Lying on New York state business records is a crime, though usually charged as a misdemeanor.

Also, the statute of limitations had also expired on those charges.

But Bragg made those charges a felony, and got around the statute of limitations, by saying they were conducted with the “intent” to commit another crime, in this case, a conspiracy to help get election in 2016.

  • aleph@lemm.ee
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    25 days ago

    The case is legally unprecedented, sure. However, just because the approach was unorthodox, doesn’t mean it wasn’t legal and legitimate. Anyway, that’s what the appeal process is for, and Trump & Co can try and see if a higher court will weigh in and settle the matter in their favor.

    As for election interference, it was pretty clear that the Trump team wanted to keep Daniels quiet in order to avoid losing the election. The infamous “grab them by the pussy” tape had just come out and it was a bombshell for Trump’s campaign. In the aftermath, Daniels approached the Nation Enquirer saying she would go on the record, and had she done so then her story, on top of the bragging openly about sexual assault, could have been the death knell for Trump’s bid for president. The fact that Trump then used campaign money rather than his own was what made it illegal, according to federal campaign law, and Trump’s legal team must have known that. Also, even if Trump himself had somehow not been aware of that, he was certainly aware that campaign funds were being used, and what for.

    One last thing I’ll add that many commentators aren’t mentioning is just how badly Trump and his defense team fucked up in court.

    First, Trump himself was held in contempt on multiple occasions simply because he couldn’t STFU and stop making public accusations and false statements about the ongoing trial in public and on social media.

    Second, as noted in Honig’s analysis, this was a somewhat convoluted and ambitious case that had a few key weak areas that a competent and focused defense should have at least been able to poke a couple of major holes in. Instead, they completely blew it. This NY Times piece by a federal lawyer goes into the detail, but I’ll just quote a good extract here:

    Instead of telling a simple story, Mr. Trump’s defense was a haphazard cacophony of denials and personal attacks. That may work for a Trump rally or a segment on Fox News, but it doesn’t work in a courtroom. Perhaps Mr. Trump’s team was also pursuing a political or press strategy, but it certainly wasn’t a good legal strategy. The powerful defense available to Mr. Trump’s attorneys was lost amid all the clutter.

    • LovstuhagenOPM
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      24 days ago

      If Trump’s legal team is failing him, that’s a pity since unprecedented cases do tend to set precedents.

      I haven’t followed any of this really close to comment - but yes, thanks for your input and the link.

      • aleph@lemm.ee
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        23 days ago

        that’s a pity since unprecedented cases do tend to set precedents.

        Not really - that’s just the criminal justice system working as intended.