Posted on 04/01/2023 12:43:03 AM PDT by Olog-hai
“ It’s ok. He gets a chance to “prove his innocence” according to Pelosi.”
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He won’t be able to do that in public if the expected gag order materializes.
Instead of a lump sum, Trump made a series of payments. The last ones were supposedly within the 5 year limit. Every element of the attack on Trump requires accepting the most extreme interpretation against the accused. House of Cards.
The Mueller report was looking for violations of Federal Law to be clear. In this case, the NYC DA I would think is staying within the framework of NY State law. Regardless of what people outside NY think (I live in the South btw), this is a state/local matter. So I in now way would think the NYC DA is going to have in his indictment any ties to violation of Federal election laws, if so, that is overreach and could get the entire case thrown out.
I think what is going to included in the indictment that Trump paid back Cohen through Trump Corporation and that was recorded in the Accounting records as a Legal Expense. That, if proven, could be a problem. A basic rule of reporting and taxation is that personal expenses are nondeductible for Corporations/Businesses.
So from what I have seen reported. Trump had Cohen set up a Shell Corporation not tied to Trump Corporation. No problem. Cohen paid Stormy the $130k through the Shell. Trump reimbursed Cohen but rather than pay him personally or maybe through a Trust he has, it appears that Trump Corporation paid Cohen back and that payment was recorded on Trump Corporations Accounting records as a “Legal expense” which was then used as a tax deduction.
Had Trump Corp paid Cohen and set up a Receivable/Due From Donald Trump on the books of Trump Corp when they credited cash and included terms of repayment (time, interest rate, etc) and Trump paid the Corporation back then I don’t see a legal problem.
That’s why I am afraid of a gag order. DA’s office will leak like a sieve and if Trump does he goes to jail.
Yep, everyone is saying it’s a BS case. Well it’s a NY Judge a NY Court and it will be a NY Jury. They could use a grocery list to prove Trump committed murder there.
Person blackmailing and demanding ransom is made into a victim and a hero. Only in wokistan!
“He has been “proving his innocence” for 6 years”
The Democrat party and the media have been proving his innocence for 6 years.
I have read, and who knows the accuracy, that some payments were made by Trump Corp, and some by Trump using pesonal accounts. I have never seen anything on whether Trump paid back the Trump Corp for any expenditures on his behalf.
Trump could make a valid argument that the Trump Corp, which relies on his reputation and “brand”, has a major interest in keeping the Stormy Daniels story out of the public eye. Half or more of what Trump agreed to pay Cohen was for his services, as an attorney ($130,000 for the Daniels agrement, and something for a Playboy Bunny claimant, leaving about half the $400,000 something for Cohen). All this is messy, and not the way I would ever do business, but I have my doubts on whether any of it was illegal when all the facts come out.
The “Brand” or protection of said “Brand” is a legal defense strategy that I agree his defense team will use.
The question would be could he have done so without the improper reporting and accounting (alleged).
I think the reporting and tax angle is the way they are going.
1) Cohen was convicted on Tax evasion (not avoidance which is legal) along with perjury. 3 year sentence.
2) Alan Weisselberg, former Trump Corp CFO pleaded guilty to Tax Fraud (5 month sentence due to be released later this Month I think). He set up a compensation plan for other executives that bypassed Compensation committee and paid leases of luxury NYC apartments and cars for key executives. These payments should have been recorded as Compensation to those employees, which they were not.
So I still think that Braggs, if he is smart, will stay on the Financial fraud and tax fraud angle within NY State Law. Any attempt to try and federalize this by trying to link it to Presidential 2016 election interference or Federal campaign finance laws would be stupid on his part (maybe he is stupid enough to try that).
If He (Braggs) stays within NY State law only, just on legal and political principal, I agree with him in that he is following a “State sovereignty” and state rights issue to look at crimes that violate State of NY law with respect to Financial and tax fraud. Even though I did vote for Trump in both 2016 and 2020, I do not believe the Republicans in Congress should try to interfere. Rather, they should use State laws to go after DEMS who appear to have violated State laws the same way Braggs is doing.
For example, where did Hunter Biden illegally buy his gun. If that violated the State law of where it happened, investigate him.
Yes he’s already face a falsifying business records case and proved it wrong sounds like a case of rewording it.
Claas A felony: no limit
Fraud: 6 years
Also, the SOL has been extended due to COVID
According to news accounts, the NYC DA has admitted he commingled federal and state funds to indict Trump.
The word “slippery” implies guilt.
IF charges were already rejected-—isn’t this Double Jeopardy???
I cannot imagine Trump ‘made series of payments’ over a $130,000 amount.
Clinton paid Paula Jones $860,000===
NOT A WHIMPER From DEMS
Trump should refuse to go to NY.
DOUBLE JEOPARDY buried in the charges???
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