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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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To: GOPJ

All of that.....and more.


21 posted on 04/24/2024 9:07:19 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: MeanWestTexan
“ Eh, the “crime” is misbooking an expense as an expense, when it (supposedly) should have been a campaign expense.”

but that is a misdemeanor and the statute of limitations had expired. They had to manufacture another crime that this was supposedly to conceal in order to have a viable felony.

22 posted on 04/24/2024 9:19:44 AM PDT by circlecity
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To: bitt

Reminder to the writer: Kangaroo courts don’t often find people “not guilty”.


23 posted on 04/24/2024 9:24:35 AM PDT by libertylover (Our biggest problem, by far, is that almost all of big media is AGENDA-DRIVEN, not-truth driven.)
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To: bitt

These “takes” on how Bragg made some error are a joke... they make it sound like this were a serious case that could be muffed through bad prosecution. The case is a joke and it just shows what can happen if you have a judge who just doesn’t care. They want Trump to become “convicted felon” Donald Trump, that is all... because that title will remain until after the election given how long the appellate process takes. Only the jury stands in the way of a conviction now.


24 posted on 04/24/2024 9:27:09 AM PDT by Tipllub
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To: bitt

Yeah but will Trump’s lawyers file a motion to dismiss..this would seal the deal and get it dismissed under NORMAL circumstances because this “case” should never have been filed to begin with


25 posted on 04/24/2024 9:47:31 AM PDT by Sarah Barracuda
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To: bitt

Trump will either be acquitted or get a hung jury, at most guilty of a misdemeanor. But regardless he will appeal and win on appeal easily based on dozens are reasons.


26 posted on 04/24/2024 9:52:35 AM PDT by TexasFreeper2009
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To: monkeyshine
Bragg says "the law doesn't require it."

-PJ

27 posted on 04/24/2024 9:54:12 AM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: bitt

The author seems to think that facts and law have some relevance. They don’t. This is a show trial designed to force Trump to sit in a NY courtoom for weeks while democrats throw crap allegations against him hoping that something sticks.

If the all-democrat jury finds Trump guilty (which most or all of them already decided to do before they were evenpicked for the jury) and the democrat hack judge throws Trump in jail (which democrats everywhere are begging him to do), it will be a bonus.


28 posted on 04/24/2024 10:29:22 AM PDT by Bubba_Leroy ( Dementia Joe is Not My President)
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To: bitt

“Bragg and Colangelo . . . maintain that Trump, Cohen, and Pecker conspired to get Trump elected to President of the United States.”

That is actually the crime being prosecuted, regardless of the tenor of the formal charges.

Were Trump not a threat to become president again, there would be no criminal cases and no civil cases. Pure and unadulterated election interference.


29 posted on 04/24/2024 10:40:55 AM PDT by ModelBreaker
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To: MMusson
New York Judges are not suddenly going to quit being Corrupt.

Exactly

30 posted on 04/24/2024 10:44:18 AM PDT by 1Old Pro
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To: bitt
The fatal error is that the NY Statute they cite only applies to elections within the State of New York and not Federal Elections!

But is it a federal election? Looks to me like it's a state election, to determine which slate of Electors the State of New York will send to the Electoral College. Those people vote in a federal election.

31 posted on 04/24/2024 10:50:06 AM PDT by NorthMountain (... the right of the people to keep and bear arms shall not be infringed)
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To: bitt

“Bragg and Colangelo . . . maintain that Trump, Cohen, and Pecker conspired to get Trump elected to President of the United States.”

Does this premise mean, that all the mainstream media should be targeted for “Not” reporting or burying stories on all other political candidates? Sheesh!


32 posted on 04/24/2024 10:50:52 AM PDT by Iam4theRepublic (Bing Search)
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To: Flaming Conservative

AMEN! & AMEN!


33 posted on 04/24/2024 11:12:40 AM PDT by caprock (from the flats of SE New Mexico)
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To: NorthMountain
***But is it a federal election? Looks to me like it's a state election, to determine which slate of Electors the State of New York will send to the Electoral College. Those people vote in a federal election***

You anticipated my point. It could pass court muster I suppose, plus, in New York, Donald Trump could be convicted of being a Martian invader.🤷‍♂️ There appears to be no Constitutional law in New York State ➡ governed by the 40 thieves❗

Decent people must leave New York > likewise Fornicalia 😠

34 posted on 04/24/2024 11:24:56 AM PDT by Bob Ireland (The Democrap Party is the enemy of freedom.They use all the seductions and deceits of the Bolshevics)
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To: NorthMountain; Bob Ireland
I think the problem for Bragg is that he's only the district attorney for the borough of Manhattan. He doesn't have jurisdiction to bring state crimes. That is the jurisdiction of the Attorney General.

If Bragg is using a state crime as his justification for bootstrapping his expired misdemeanors into felonies, I'd think that Trump has to be found guilty of those crimes first. Bragg can't just assert that Trump committed those crimes to revive his misdemeanors because Trump has the presumption of innocence until found guilty in a court of law. And Bragg doesn't have the jurisdiction to indict on those state charges.

-PJ

35 posted on 04/24/2024 11:35:15 AM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
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To: Bob Ireland

I’d rather be governed by Ali Baba’s 40 thieves, than by New York.

Just yesterday, we had some “judge” in Noo Yawk XXXXty declaring the Second Amendment nonexistent.


36 posted on 04/24/2024 11:37:37 AM PDT by NorthMountain (... the right of the people to keep and bear arms shall not be infringed)
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To: MMusson

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

So, when citing a judge, is it like a congressman?

Mr.Smith (D-MA) or Mr.Jones (R-CO)?

We have to add

Judge Wilson (C-NY). Corrupt


37 posted on 04/24/2024 11:43:57 AM PDT by Scrambler Bob (Running Rampant, and not endorsing nonsense; My pronoun is EXIT.)
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To: NorthMountain

Just yesterday, we had some “judge” in Noo Yawk XXXXty declaring the Second Amendment nonexistent.
= = =

So do the remainder move up one notch?

I plead the 4th?


38 posted on 04/24/2024 11:44:48 AM PDT by Scrambler Bob (Running Rampant, and not endorsing nonsense; My pronoun is EXIT.)
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To: Scrambler Bob

I expect that the Constitution as a whole does not exist in her “court”.


39 posted on 04/24/2024 11:49:03 AM PDT by NorthMountain (... the right of the people to keep and bear arms shall not be infringed)
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To: bitt
Mr. Gambini, that was a well thought out, lucid argument, MOTION DENIED!
40 posted on 04/24/2024 11:55:13 AM PDT by shotgun
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