Bragg is relying on a novel legal theory that the supposed violation of a federal campaign finance law is sufficient to raise NY 175.10 from a misdemeanor whose statute of limitations has expired to a felony where he can argue that the statute of limitations has not expired.
Bragg's case also requires one to believe that payments to Cohen far in excess of the amount Cohen paid to Daniels are somehow payments for that purpose. According to Bragg Trump's organization paid Cohen $450,000 over 12 months and accounted for it as a legal expense base on it being a monthly retainer for Cohen.
Strangely, Bragg claims that recording the payments as what they were is a "false" business record since some of the money was actually used by Cohen to repay the loan he took out personally to settle with Daniels.
By Bragg's logic if you pay your lawyer and characterize the checks as legal payments, but the lawyer takes the money and buys a new boat you are violating New York law because you made "false" business records.
This is one of the most ridiculous cases I have seen.
We are seeing another example of Trump Derangement Syndrome being played out by liberal Democrats.
PTrump had already resigned/divested during this timeframe
“By Bragg’s logic if you pay your lawyer and characterize the checks as legal payments,”
Per the statement of facts invoices and payments were per a retainer agreement but no such agreement existed.
“Strangely, Bragg claims that recording the payments as what they were is a “false” business record since some of the money was actually used by Cohen to repay the loan he took out personally to settle with Daniels.”
No. He is claiming that Trump falsified records by documenting payments for a retainer when no retainer existed.