If the USSC takes it, don’t expect a slam dunk. We can only afford to lose one of Roberts, Kavanaugh, and Barrett.
The Federal Act covering the Federal election violations that Merchan gave in the Jury instructions has lots of hurdles.
Merchan lists it as: A Violation of the Federal Election Campaign Act.
See that, a Violation of Federal Law.
That Federal Act says:
“The government has to prove beyond a reasonable doubt a “knowing and willful” violation of FECA. “
Other examples of over $1,000,000 have been ruled as non-violations with no need to report them.
The Justice Dept rule has been that the FEC has to agree wholeheartedly that there is a clear violation before Justice brings a case.
There are a lot of people going by what’s said by George Conway on MSNBC, but Merchan’s instructions stated: “A Violation of the Federal Election Campaign Act.”
We’re not talking NY Law. We’re not talking intent but not execution - we’re talking violating the Federal Act which necessitates that Trump knew the intricacies of Federal Campaign Law, and that his sole motivation was for the election. If 1% was to keep it from his kid, there is no violation of Federal Law.
I suspect Bragg convinced Merchan to go that Jury Instruction route, and it was a huge screwup.