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 ...
Something needs to be done about “judges” like this. I won’t bother to say what.
Judge Merchan has so restricted my testimony that defense has decided not to call me. Now, it’s elementary that the judge instructs the jury on the law, so I understand his reluctance. /1 — Brad Smith (@CommishSmith) May 20, 2024
The tweets are a doozy, he points out that his testimony would have clearly pointed out that there was no 'underlying crime' and the agency he once headed to regulate elections, the Federal Election Commission, never prosecuted such issues, because they simply weren't crimes.
This one stands out:
Picture a jury in a product liability case trying to figure out if a complex machine was negligently designed, based only on a boilerplate recitation of the general definition of “negligence.” They’d be lost without knowing technology & industry norms. /3
...and this...
/4 Someone has to bring that knowledge to the jury. That—not the law—was my intended testimony. For example, part of the state’s case is that they wrongly reported what they knew to be a campaign expenditure in order to hide the payment until after the election.
Juan Merchan and his political daughter should look over their shoulders for the rest of their lives. Politicians are fair game for investigations when the right parties gain power. Since Merchan is Cuban, he understands this well.
RE: Politicians are fair game for investigations when the right parties gain power.
Let’s hope and pray that this will happen in 2024. The deck is stacked against it by every corner of government — Federal and State.
“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,”
Well then, if ‘beyond a reasonable doubt’ is no longer a thing, I hearby charge hizonner with molesting little boys in his chamber. I can’t prove it beyond a reasonable doubt, but apparently that is no longer the criteria.
Merchan, or his family, is going to get a big payoff if the jury comes up with even just one guilty verdict of the thirty-something charges. This will not stand on appeal, but they don’t care.
Biden wanted a June debate so he could say Trump was a “convicted felon,” and the appeal would not have been heard yet.
Everyone knows this trial is a sham. Worse than Merchan are the corrupt “Republicans” sitting back and watching this play out.
What do you expect federal government republicans to do against a state judge?
I’ll hold your beer and be proud to do it!
By wqeaponizing his court, the Judge has forfeited his right to life by destroying a fundamental foundation stone of the American Republic
Why isn’t Alvin Bragg being charged with knowingly putting a witness on the stand that admits to committing an unucharged felony (stealing %30,000)? Isn’t that sojourning perjury?
“People are not required to prove these offenses beyond a reasonable doubt”
~~~
Why not???
I thought this was a criminal trial. Didn’t I hear that they raised the charge (somehow) from Misdemeanor to Felony so as to skirt the statute of limitations? This isn’t a civil trial then. I don’t understand.
“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”
Making new law here. How do you get convicted of concealing crimes you didn’t commit?
Weissman is going to need to prep his boy a little better here. Gonna need some justification for such strained legal “reasoning”.
Merchan will self deport back to Columbia (where he was born) when the $check clears. He will not wait until January 21, 2025.
Leaving the USA will not save him from the punishment headed his way. And it IS coming.
When the campaign law expert was being considered as a witness I feared it would be a real fight. After all, he could be asked, simply, “Does this judge and/or this court have any jurisdiction over this alleged crime?”
Would never happen. But something like the Costello appearance would. Obvious acrimony between the witness and judge. Juries think of judges as gods (small G), and don’t look kindly on those the judge obviously doesn’t respect. Including prosecutors, but they get a little leeway because they are supposed to have a viewpoint.
The still but prove beyond that Trump intended to commit or conceal a crime and what that crime was. They have failed to do this.
Corruption riddled third world country tactics. Has this “judge” been bribed?
The judge’s daughter has been the bag-man for the bribes. Look there.
bkmk
This is what happens when the melting pot becomes corrupt! We’ve got too many of these POS asses in Congress and in high judicial branch positions! All of them need to be removed …they hate America and they came over with one purpose in mine to destroy it and destroy us! When are people going to wake the hell up? Wait until the radical evil Muslims and Chinese that walked over our border start taking powerful positions. Think this will never happen?… think again my friends we got a few of them sitting in Congress right now.
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