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Justice Merchan's gagged witness goes public with what he would have told the jury and it's a doozy
American Thinker ^ | 05/21/2024 | Monica Showalter

Posted on 05/21/2024 8:08:19 AM PDT by SeekAndFind

After Michael Cohen's disastrous testimony, it would seem that the case against President Trump over the bookkeeping entry in a hush-money payment case would be in tatters as it goes to the jury. Many legal eagles have said as much.

But the politically partisan New York justice in this case, Juan Merchan, doesn't give up that fast and clearly wants to salvage the case. He's instructing the jury to ignore the detail about the 'underlying crime' and treat the case the same way a burglary case is treated.

According to Newsweek:

A hush-money payment is not illegal, and under New York law, falsifying business records is considered a misdemeanor unless it is done to conceal another crime, in which case it can be a felony.

Merchan said the prosecution did not need to prove that Trump committed additional crimes, like campaign finance or tax violations. Instead, it must show that Trump intended to commit or conceal these crimes.

"You must remember, the People are not required to prove these offenses beyond a reasonable doubt; therefore, that reduces the need or the burden to define every term and every phrase," Merchan said, per Vance's blog. Merchan made the comment while discussing whether the defense could call an expert in campaign finance law.

We'll get to the burglary analogy in a minute from the character named Vance, but the bottom line is, Merchan is trying to slant the jury the prosecutor's way, telling them not to bother about the little detail about what the underlying crime was that makes the hush money payment a jailtime felony. They can make it up, if they like.

(Excerpt) Read more at americanthinker.com ...


TOPICS: Crime/Corruption; Front Page News; Government; News/Current Events; Politics/Elections
KEYWORDS: gagorder; hushmoney; judgemerchan; witness
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To: Fido969

Biden wanted a June debate so he could say Trump was a “convicted felon,” and the appeal would not have been heard yet.

xxxxxxxxx

maybe why brandon pushed the schedule up?


21 posted on 05/21/2024 8:43:02 AM PDT by thinden (buckle up ....)
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To: SeekAndFind

“You must remember, the People are not required to prove these offenses beyond a reasonable doubt; therefore, that reduces the need or the burden to define every term and every phrase,” Merchan said

W

T

F....


22 posted on 05/21/2024 8:45:03 AM PDT by Vendome (I've Gotta Be Me https://youtu.be/wH-pk2vZG2M)
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To: silent majority rising

sojourning perjury?

Let’s take a little trip


23 posted on 05/21/2024 8:46:23 AM PDT by Vendome (I've Gotta Be Me https://youtu.be/wH-pk2vZG2M)
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To: Jarhead9297
What do you expect federal government republicans to do against a state judge?

Protest loudly. The government has many instances of getting involved in "states rights".

And congressmen and a senator did show up at the courtroom and sat behind Trump. You don't think that has an effect - congressmen in the courthouse objecting to the proceeding? That, itself, is much more impactful for the overall social process of the trial than sitting in Washington wringing your hands and complaining "It's a state thing. I can't do anything about it."

Look if you think the purpose of our elected officials is to roll over and play dead when there is an outrage like this going on then you should probably run for office as a GOPe.You'd fit right in.

24 posted on 05/21/2024 8:49:04 AM PDT by Fido969 (Y of ma)
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To: silent majority rising

*** sojourning perjury***

I think you meant suborning perjury. That’s what it looks like to me, but I’m no legal beagle.


25 posted on 05/21/2024 8:49:04 AM PDT by FamiliarFace (I got my own way of livin' But everything gets done With a southern accent Where I come from. TPetty)
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To: SeekAndFind

There are three possibilities for a verdict: acquittal, hung jury, and conviction.

I think conviction is the least likely.


26 posted on 05/21/2024 8:54:11 AM PDT by odawg
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To: SeekAndFind

The US legal system is on par with China and Russia.
Time for routine jury nullification and revoke judicial immunity now.
These prosecutors and judges have no capacity for justice.


27 posted on 05/21/2024 9:03:15 AM PDT by grumpygresh (Civil disobedience by non-compliance; jury and state nullification.)
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To: grumpygresh

I suppose n kor wouldn’t even pretend to have a trial?


28 posted on 05/21/2024 9:07:10 AM PDT by Leep (Leftardism strikes 1 in 5.)
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To: SeekAndFind
So it appears that Bragg's "other crime" that enabled him to turn a misdemeanor charge into 34 felonies is Trump's intention to commit a crime, for which no evidence was presented. How could Trump intend to commit a crime when he didn't even know about the payment to Stormy Daniels at the time?

The jury will think that the crime was a campaign finance violation (because Cohen said there was one, even though he was lying) and Smith was not allowed to inform the jury of the truth.

The nuclear option would be (if the jury finds Trump guilty) for Bragg to charge Costello with perjury for saying that Cohen was lying. Of course that would depend on whether Biden tells him to do so.

29 posted on 05/21/2024 9:11:03 AM PDT by Verginius Rufus
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To: SeekAndFind

So.. if they find him guilty, what will they find him guilty of?

No actual crime was specified.


30 posted on 05/21/2024 9:24:50 AM PDT by Mr. K (No consequence of repealing Obamacare is worse than Obamacare)
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To: SeekAndFind

later


31 posted on 05/21/2024 9:26:03 AM PDT by Gay State Conservative (Proudly Clinging To My Guns And My Religion)
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To: SeekAndFind

Ten bucks says that he’s been promised a Federal judgeship!


32 posted on 05/21/2024 9:28:30 AM PDT by Gay State Conservative (Proudly Clinging To My Guns And My Religion)
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To: Regulator

Intent. Beyond a reasonable doubt?


33 posted on 05/21/2024 9:32:34 AM PDT by combat_boots
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To: SeekAndFind
"... Instead, it must show that Trump intended to commit or conceal these crimes..."

Thought crimes.

34 posted on 05/21/2024 9:34:44 AM PDT by Mr. K (No consequence of repealing Obamacare is worse than Obamacare)
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To: SeekAndFind

For these New York simpletons, the only crime President Trump committed was to beat Hillary in a DNC rigged election.


35 posted on 05/21/2024 9:46:34 AM PDT by OrioleFan (Republicans believe every day is July 4th, Democrats believe every day is April 15th.)
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To: SeekAndFind

The common thread in all the NY cases is that, in order to get past the statutes of limitations, there had to be a predicate crime...same with the so-called “hush money” case. The DA communistically believes they do not have to prove the predicate crimes but that is nothing but fascist BS and not in accordance with the rule of law. Not proving the predicate crimes and yet finding him guilty is a massive violation of due process of law - 5th and 14th amendments. If this Judge does not understand that, he should be removed from the bench and disbarred ASAP.


36 posted on 05/21/2024 9:47:35 AM PDT by jpp113
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To: Gay State Conservative

How’s that going to work if trump wins and the 2025 project is implemented?


37 posted on 05/21/2024 10:12:08 AM PDT by del griffith
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To: SeekAndFind

Next Tuesday we will learn the DJT is a convicted felon.


38 posted on 05/21/2024 10:19:59 AM PDT by PIF (They came for me and mine ... now its your turn)
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To: del griffith

The trial will end next week. After the verdict is announced The Big Guy will have plenty of time to nominate him...and we all know damn well that the Senate will confirm him.


39 posted on 05/21/2024 10:42:56 AM PDT by Gay State Conservative (Proudly Clinging To My Guns And My Religion)
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To: PIF

Yup...guilty on all 35 counts.And then we’ll learn that he can be sentenced to 55 years at Attica State Prison.


40 posted on 05/21/2024 10:45:07 AM PDT by Gay State Conservative (Proudly Clinging To My Guns And My Religion)
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