I gots to get me a Trump cause Soros says so!
Posted on 04/10/2023 8:57:28 AM PDT by Enterprise
According to Cohen’s filed-in-federal-court sentencing memorandum, the Trump Organization “falsely accounted for these (hush money) payments as ‘legal expenses'” sometime in 2017. Thus, the D.A. had to bring any misdemeanor charge related to that transaction in 2019 and any felony charge in 2022 to survive a defense motion to dismiss. Bragg’s grand jury handed up charges in 2023 after the five-year limitations period expired.
(Excerpt) Read more at thefederalist.com ...
I gots to get me a Trump cause Soros says so!
If anyone should be in jail, it’s that evil nazi cancer Gyorgy Schwartz!
GIVE HIM THE NIFONG TREATMENT
I’ve read in a few places they can or did extend statute of limitations. Here’s a snip from the NYT.
“But Mr. Bragg’s office has ways to extend that statute of limitations to cover the events stemming from the 2016 payment. New York law extends its statute of limitations to cover periods when a defendant was continuously out of state — Mr. Trump has spent much of his time since 2016 in Washington and Florida — and former Gov. Andrew Cuomo of New York extended the state’s statute of limitations by more than a year during the pandemic.”
https://www.nytimes.com/2023/03/21/nyregion/trump-indictment-legal-theory.html
“Yes, New York’s five-year statute of limitations for felonies can be extended in some cases”
That’s from verifythis.com after searching “statute of limitations extended.”
IANAL. If it’s in dispute, though, that favors the cheater party.
Using the law for personal vengeance and gain should qualify this third world style thug for disbarment.
Even hellholes have good sounding ‘laws’ - what matters is the quality of the people enforcing and interpreting the laws.
Bragg should never have been accepted to any law school.
I do believe that Trump visited New York during this time. If so, his absence was not continuous and the theory that the statute of limitations can be extended fails.
So the potential issue not addressed by this article is the Covid statute of limitations toll by Governor Cuomo. If applicable, this would bring at least some of the later 2017 transactions within the SOL window. Cuomo’s executive order on the SOL has been upheld by appellate courts in civil cases at least twice. However, I do not know if there have been any cases testing its applicability to criminal cases, where more stringent due process considerations are in play.
I take the view also, that while Trump was out of state, he did not avoid coming back to New York on numerous trips. And like the article points out, Bragg could hardly make the case that he didn’t know where Trump was or that Trump was in hiding. Bragg should be disbarred, and frankly, if the judge lets this proceed he should be removed from the bench.
Maybe after all is said and done, Bragg’s “charges” is just all about the narrative they help the Dims create in the media, and how they can run with “first President indicted on criminal charges” all the way through 2024, even after Bragg loses the case.
I would take the side that the Constitution would come in to play with the defendant having the right to a speedy trial unless the defendant waives that right. The Governor cannot waive that right for him. Your post is highly interesting, and I wonder if they will try to bring Coumo's XO up regarding a criminal trial. If they do though, they will then have to show instances where this happened. In crime ridden New York where the criminals are beloved, it might be the case that the New York DA would NOT rely on the XO so as to deliberately run out the clock on New York's privileged felons.
that is an ipso facto change and wouldn’t affect the past.
Stogner v. California, 539 U.S. 607 (2003), is a decision by the Supreme Court of the United States, which held that California’s retroactive extension of the statute of limitations for sexual offenses committed against minors was an unconstitutional ex post facto law.
Irrespective of any other considerations, did he even show an interest in pursuing charges until the SOL ran out? You’d think Trump’s lawyers would bring that up, too.
How is the label used to describe the payment fraud? Who exactly relied on that description? What if it was labeled “hush money” or “payments to corrupt attorney”, who exactly was harmed by the description?
The person writing this article obviously believes in the law, and how it works.
Think about Germany after the Republic fell, would the NAZI’s have followed the law? Do you think the state of NY is capable of following the law here?
We now live in a post Republic society, the fact that a loser DA from a single misinformed and anti-Rural America city pressed ludicrous legal perspectives on ridiculous legal facts will matter nothing to a crooked judge or jury.
This is shaping up as a perfect test case to answer the question: “Is our justice system an absolute joke?”
Seems like the weakest, most vindictive case ever. Will a judge allow it to go forward? Would a jury convict? If this happens, then the answer is Yes, our justice system is a complete joke.
I believe there is a new york case that defines continously as it pertains to the statute of limitations...someone posted it on one of the threads about a week ago i cant find it. it brodened the time period in some cases.
Making up crimes to effect the 2024 election. Where is the mediot outrage about this interference?
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.