Posted on 04/06/2023 5:41:02 AM PDT by BwanaNdege
If Trump is "guilty of paying hush money" to Stormy Daniels, are not Stormy Daniels and Avenatti also guilty of Blackmail?
($100,000 to Daniels and 30% commission to Avenatti)
Yes
This is extortion using the threat of spreading a lie to inflict pain.
You can’t say “I’m going to besmirch your good name (release the pictures I have, etc) unless you pay me $”. That’s blackmail.
You can say “”I’m going to besmirch your good name (release the pictures I have, etc)”.....then the person offers to pay you money to go away.
Blackmail is putting the other person to what is legally an impermissible choice. You just have to leave off the “unless you pay me” part and let them fill that in themselves. Then its not considered blackmail.
per FLT-bird
“hush money” = non-disclosure agreement (NDA).
It’s perfectly legal.
It’s also perfectly legal to take money from U.S. citizens by force. Try not paying “your” taxes. Armed people will force you to pay or take your freedoms or your life away from you.
I remember during the 2016 campaign Gloria Allred and her daughter, Lisa Bloom, were offering money for women to come forward and claim Trump assaulted them or had affairs with them.
Yes, extortion {blackmail} and breach of contract and slander.
It does not matter if the claims are fake; it is still blackmail.
I remember that in 2016 Gloria Allred and her daughter, Lisa Bloom, were involved in getting women to come out and make allegations against Trump.
Exclusive: Prominent lawyer sought donor cash for two Trump accusers
836.05 Threats; extortion.—Whoever, either verbally or by a written or printed communication, maliciously threatens to accuse another of any crime or offense, or by such communication maliciously threatens an injury to the person, property or reputation of another, or maliciously threatens to expose another to disgrace, or to expose any secret affecting another, or to impute any deformity or lack of chastity to another, with intent thereby to extort money or any pecuniary advantage whatsoever, or with intent to compel the person so threatened, or any other person, to do any act or refrain from doing any act against his or her will, shall be guilty of a felony of the second degree, punishable as provided in s. 775.082, s. 775.083, or s. 775.084.
As Trump was a New York resident at the time, these might apply: New York Penal Law 135.60, 155.05(2)(e), 155.30(6), 155.40(2)
https://www.newyorkcriminallawyer-blog.com/blackmailed-differentiating-extortion-coercion-new-york/
Yep. Its legal to have it. Its legal to sell it. You can even sell it to them BUT you cannot put them to the choice of Your money or.....(negative consequences for them).
However if you don’t offer the choice....if they offer to buy it from you without you having offered to sell it to them, then its legal.
SECTION 135.60
Coercion in the third degree
Penal (PEN) CHAPTER 40, PART 3, TITLE H, ARTICLE 135
§ 135.60 Coercion in the third degree.
A person is guilty of coercion in the third degree when he or she
compels or induces a person to engage in conduct which the latter has a
legal right to abstain from engaging in, or to abstain from engaging in
conduct in which he or she has a legal right to engage, or compels or
induces a person to join a group, organization or criminal enterprise
which such latter person has a right to abstain from joining, or compels
or induces a person to produce, disseminate, or otherwise display an
image or images depicting nudity of such person or depicting such person
engaged in sexual conduct as defined in subdivisions two and three of
section 235.20 of this chapter, by means of instilling in him or her a
fear that, if the demand is not complied with, the actor or another
will:
1. Cause physical injury to a person; or
2. Cause damage to property; or
3. Engage in other conduct constituting a crime; or
4. Accuse some person of a crime or cause criminal charges to be
instituted against him or her; or
5. Expose a secret or publicize an asserted fact, whether true or
false, tending to subject some person to hatred, contempt or ridicule;
or
6. Cause a strike, boycott or other collective labor group action
injurious to some person’s business; except that such a threat shall not
be deemed coercive when the act or omission compelled is for the benefit
of the group in whose interest the actor purports to act; or
7. Testify or provide information or withhold testimony or information
with respect to another’s legal claim or defense; or
8. Use or abuse his or her position as a public servant by performing
some act within or related to his or her official duties, or by failing
or refusing to perform an official duty, in such manner as to affect
some person adversely; or
9. Perform any other act which would not in itself materially benefit
the actor but which is calculated to harm another person materially with
respect to his or her health, safety, business, calling, career,
financial condition, reputation or personal relationships.
10. Report his or her immigration status or suspected immigration status.
Coercion in the third degree is a class A misdemeanor.
https://www.nysenate.gov/legislation/laws/PEN/135.60
I heard an attorney on the radio say that you can tell the slant of any report on this issue by the use of the terms "non-disclosure agreement" or "hush money." The former is unbiased, the latter is sensationalized.
SECTION 155.05
Larceny; defined
Penal (PEN) CHAPTER 40, PART 3, TITLE J, ARTICLE 155
§ 155.05 Larceny; defined.
1. A person steals property and commits larceny when, with intent to
deprive another of property or to appropriate the same to himself or to
a third person, he wrongfully takes, obtains or withholds such property
from an owner thereof.
2. Larceny includes a wrongful taking, obtaining or withholding of
another’s property, with the intent prescribed in subdivision one of
this section, committed in any of the following ways:
....
(e) By extortion.
A person obtains property by extortion when he compels or induces
another person to deliver such property to himself or to a third person
by means of instilling in him a fear that, if the property is not so
delivered, the actor or another will:
(i) Cause physical injury to some person in the future; or
(ii) Cause damage to property; or
(iii) Engage in other conduct constituting a crime; or
(iv) Accuse some person of a crime or cause criminal charges or
removal proceedings to be instituted against him or her; or
(v) Expose a secret or publicize an asserted fact, whether true or
false, tending to subject some person to hatred, contempt or ridicule;
or
(vi) Cause a strike, boycott or other collective labor group action
injurious to some person’s business; except that such a threat shall not
be deemed extortion when the property is demanded or received for the
benefit of the group in whose interest the actor purports to act; or
(vii) Testify or provide information or withhold testimony or
information with respect to another’s legal claim or defense; or
(viii) Use or abuse his position as a public servant by performing
some act within or related to his official duties, or by failing or
refusing to perform an official duty, in such manner as to affect some
person adversely; or
(ix) Perform any other act which would not in itself materially
benefit the actor but which is calculated to harm another person
materially with respect to his health, safety, business, calling,
career, financial condition, reputation or personal relationships.
https://www.nysenate.gov/legislation/laws/PEN/155.05
The Biden’s have a lot in common with Stormy Daniels they both receive “Hush money”.
Since nothing actually happened with Daniels, I believe this was a setup by Cohen and Daniels to extort Trump for a quick $100K during his election.
This type of scheme was made public by David Lettermen. A lawyer contacted him about a book or movie they were about to make, that exposed an affair he had with a staffer, and offered him a change to ‘buy the rights’ before they began.
Lettermen did the best thing- he publicly admitted the affair (no one cared) and had them arrested for extortion.
I believe Cohen was trying a Similar thing: “Hey Mr. Trump, I know you are in the middle of a campaign, so it would be just awful if this story about an affair came out- you know the media would love to cover it... I did you a favor and paid her off, now please reimburse me $100K”
No.
Extortion.
There’s not much difference between blackmail and extortion.
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