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DA Bragg’s Attorneys Make Fatal Error When Revealing Underlying Crime in ‘Hush Money’ Case – Trump Attorneys Must Move to Dismiss Now
joehoft.com ^ | joe hoft

Posted on 04/24/2024 8:39:54 AM PDT by bitt

The attorneys representing the corrupt DA in New York, Alvin Bragg, in their case against President Trump, have made a serious error in their case. President Trump’s attorneys must move to dismiss.

DA Bragg’s case is in serious trouble. The gang behind the prosecution of President Trump made a serious error that should lead President Trump’s team to move to dismiss.

Prosecutors in New York have revealed what the other crime is that Donald Trump was allegedly trying to conceal when he was falsifying business records and they claim it was to unlawfully promote his candidacy. The fatal error is that the NY Statute they cite only applies to elections within the State of New York and not Federal Elections!

Trump was running for the federal office of President of the United States and not a State Office and therefore the premise of what the prosecution is trying to prove as the second crime used to get around the statute of limitations issue and to elevate this business records case to a felony must fail!

Prosecutors also cannot use a federal law as the second crime and additionally, the FEC, Federal Election Commission, declined on two occasions to prosecute the claim against Trump that the alleged hush money payment was in fact a federal violation.

In this case, Bragg and Colangelo, in an exercise of their legal analysis of the law maintain that Trump, Cohen, and Pecker conspired to get Trump elected to President of the United States. This is the basis for the elevation of charges.

This is enough to end the case but that’s not all.

The case refers to accounting entries “made” by President Trump (which is lunacy) or entries President Trump forced others to make. But these entries were made in 2017. So how could President Trump possibly impact the 2016 election with accounting entries that were made (clearly not by the President but by some entry-level accountant in his multi-billion dollar organization) in 2017?

On top of that, even far-left radical liberals are shaking their heads at this case and the evidence used to “get Trump”.

Trump, who faces 34 counts of falsifying business records in connection to payments made to porn actress Stormy Daniels before the 2016 election, was discussed on MSNBC’s “Morning Joe” where legal analyst Lisa Rubin presented a skeptical view of the prosecution’s case.

“The big takeaway is that this is a crime about falsification of business records, and yet, what the government seems to have the most evidence of is the underlying conspiracy,” Rubin explained on the show. She highlighted a lack of direct evidence linking Trump to the specific crimes charged: “What’s still unknown to me is how they’re going to prove Donald Trump’s own involvement in the falsification of the business records.”

President Trump handed over his companies to his sons before his inauguration in January 2017. The accounting entries in question were made after the handover occurred.

President Trump didn’t make any entries because no CEO of any multi-billion dollar company makes entries to the financials.

The accounting discussion in this case doesn’t make sense to anyone who’s ever worked in a large financial reporting operation.

This story appeared on JoeHoft.com


TOPICS: Business/Economy; Front Page News; Government; Politics/Elections
KEYWORDS: 2016; 2017; bragg; dabragg; fatalerror; hushmoneytrial; hushtrump; lawfare; trump; trumppersecution; warontrumo; warontrump
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1 posted on 04/24/2024 8:39:54 AM PDT by bitt
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To: null and void; aragorn; EnigmaticAnomaly; kalee; Kale; AZ .44 MAG; Baynative; bgill; bitt; ...

p


2 posted on 04/24/2024 8:40:07 AM PDT by bitt (<img src=' 'width=30%>)
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To: bitt

Crooked Judges will ignore it until after the appeal after the election.

New York Judges are not suddenly going to quit being Corrupt.


3 posted on 04/24/2024 8:43:32 AM PDT by MMusson
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To: GOPJ; poconopundit; Jane Long; Diana in Wisconsin; Grampa Dave; Godzilla; Vaduz; null and void; ...

p


4 posted on 04/24/2024 8:44:00 AM PDT by Liz (This then is how we should pray: Our Father who art in heaven, Hallowed be thy name. )
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To: bitt

Maybe they have DEI degrees and used AI to build their cases?


5 posted on 04/24/2024 8:44:08 AM PDT by Reno89519 (If Biden is mentally unfit to stand trial, he is mentally unfit to be president. He needs to resign.)
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To: MMusson

Exactly.....this changes nothing


6 posted on 04/24/2024 8:45:24 AM PDT by V_TWIN (America...so great even the people that hate it refuse to leave!)
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To: bitt

Is their legal theory that when a politician pays hush money he has to announce it so as not to commit election fraud?


7 posted on 04/24/2024 8:45:42 AM PDT by heartwood (Someone has to play devil's advocate.)
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To: bitt

In a just world, with an impartial judge, yes. In Merchan’s court, no. BUT always remember, the heart of the king is in the hand of the Lord, and He turns it whichever way he desires. Pray to the Lord that He will exonerate Trump.


8 posted on 04/24/2024 8:47:09 AM PDT by Flaming Conservative ((Pray without ceasing)
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To: bitt

Time to throw fat Alvin’s butt in Jail. Damn crook.


9 posted on 04/24/2024 8:47:26 AM PDT by FlingWingFlyer (Weird how the invading hordes of illegal foreign deadbeats didn't start until FJB took the throne.)
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To: heartwood
Their legal theory is that paying someone to say misleading things in a negative ad is okay, but paying someone to remain silent is illegally promoting a candidacy.

The problem with this theory is that "freedom of speech" also includes the freedom to not speak.

-PJ

10 posted on 04/24/2024 8:48:53 AM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: bitt

Actually, the proper motion is for a judgement on the evidence at the close of the prosecution’s case. Not really a motion to dismiss. Although a motion to dismiss could be a vehicle just to put the issue in the judge’s mind and create a record.


11 posted on 04/24/2024 8:49:05 AM PDT by circlecity
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To: FlingWingFlyer

Maybe use the noose the boy was intending to lynch Trump with and use it on him. Damn vigilante screwball.


12 posted on 04/24/2024 8:49:35 AM PDT by FlingWingFlyer (Weird how the invading hordes of illegal foreign deadbeats didn't start until FJB took the throne.)
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To: bitt

Eh, the “crime” is misbooking an expense as an expense, when it (supposedly) should have been a campaign expense. This is wrong, as this was just an expense, not a campaign expense so it was booked correctly, but the distinction the author is trying to make is incorrect.

He’s close, though.


13 posted on 04/24/2024 8:53:07 AM PDT by MeanWestTexan (Sometimes There Is No Lesser Of Two Evils)
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DA Bragg, who received big Soros campaign donations...


14 posted on 04/24/2024 8:54:03 AM PDT by piasa (Attitude adjustments offered here free of charge)
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To: bitt
More of a road block (to campaigning) than a mistake.
15 posted on 04/24/2024 8:55:32 AM PDT by Beowulf9
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To: heartwood

Maybe trying to make some sort of Sarbanes-Oxley connection?

This is all BS. Trump paid off someone to shut up, no coercion involved. No criminal act. This is at best an accounting error.


16 posted on 04/24/2024 8:56:44 AM PDT by Made In The USA (Ellen Ate Dynamite Good Bye Ellen)
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To: Reno89519; Liz
Maybe they have DEI degrees and used AI to build their cases?

OR maybe they're corrupt AND stupid. Oh, wait, that's what you just said...

17 posted on 04/24/2024 8:56:59 AM PDT by GOPJ (Two items Biden finds at 'Ice Cream Shoppes'? A: Ice cream cones and 7 year old girls to look at...)
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To: bitt

None of this matters.
They really couldn’t care less about the merits or legality of their case.
It’s all about one thing and one thing only.
Crippling Trump in any way possible.


18 posted on 04/24/2024 8:57:04 AM PDT by sjmjax
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To: bitt

This may be true but how did the prosecution not reveal this months prior to the trial? Don’t they need to present it in the indictment?


19 posted on 04/24/2024 9:02:09 AM PDT by monkeyshine (live and let live is dead)
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To: Reno89519

I doubt that Bragg or merchant (sp. intended) have law degrees.


20 posted on 04/24/2024 9:04:08 AM PDT by Judge Bean
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