Posted on 05/20/2024 7:22:41 AM PDT by Sidebar Moderator
Horrific week for the prosecution. Hung jury now looks like the likeliest outcome.
I am not even going to guess what will happen.
All Merchan needs is one guilty decision, then Trump will be a “convicted criminal” forever, and Biden will beat him over the head with it, even if it is subsequently overturned.
That is why Biden wanted a June debate, so he could claim Trump was a “convicted criminal” before the appeal could be processed.
Merchan has a multi-million dollars payday if he delivers
“convicted of an actual felony”
1. Accusations do not count. They must be proven.
2. They can make all the accusations they want. But while it is open debate as to whether there is an FEC violation, the accusations of “possible FEC violations DO NOT COUNT.
3. I’ve argued many statute of limitations cases. The triggering event must be proven. In this case the burden is on the prosecution.
4. Since Bragg has no jurisdiction over FEC cases, he has no authority.
5. Using this same logic, the statute of limitations has not expired on Hillary for all the FEC violations she did, even though the Trump DOJ chose not to prosecute.
Costello also has Bragg by the balls for not disclosing the 300 emails as exculpatory evidence.
“and when his intent to defraud includes an intent to commit
another crime or to aid or conceal the commission thereof.”
Agree. However, the prosecution must prove that the action intended to be concealed “WAS A CRIME.”
Good point, I love it. What is the recourse on something like that
“Agree. However, the prosecution must prove that the action intended to be concealed “WAS A CRIME.””
Absolutely, which in this case it certainly wasn’t.
“convicted of an actual felony”
1. Accusations do not count. They must be proven.
2. They can make all the accusations they want. But while it is open debate as to whether there is an FEC violation, the accusations of “possible FEC violations DO NOT COUNT.
3. I’ve argued many statute of limitations cases. The triggering event must be proven. In this case the burden is on the prosecution.
4. Since Bragg has no jurisdiction over FEC cases, he has no authority.
5. Using this same logic, the statute of limitations has not expired on Hillary for all the FEC violations she did, even though the Trump DOJ chose not to prosecute.
1. Of course
2. People say FEC violations don’t count, but there’s no authority actually in support of that position. The statute doesn’t provide the false record is in furtherance or concealment of a crime that the DA has jurisdiction to prosecute... just a crime.
3. Right
4. Non sequitur.
5. Not at all. The statute of limitations on misdemeanors in NY is 2 years, and on non-violent felonies it’s 5. There was a covid toll on top of that (constitutionality of same in the criminal context is questionable IMHO, but I digress there). This doesn’t give an unlimited SOL, it just added 3 years to it.
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