Discussion:
Bragg did not violate Trump's "6th amendment" rights
(too old to reply)
Blue Lives Matter
2023-04-24 18:40:33 UTC
Permalink
From the excellent Lawfare blog:

The indictment identifies thirty-four falsified business records, but it didn’t
indicate what the criminal predicates were, because New York law doesn’t require
that it do so. But some clues about the predicates can be found in the 13-page
Statement of Facts that accompanied the indictment, as well as from Bragg’s
comments in a press conference following the arraignment.

The statement creates certain inferences about the predicates. Generally
speaking, the statement describes an “unlawful scheme” designed to “influence
the 2016 presidential election by identifying and purchasing negative
information about [Trump] to suppress its publication and benefit the
Defendant’s electoral prospects.” In short, the DA alleges what the popular
press calls a catch-and-kill scheme, which itself consists of more specific
unlawful activity. The scheme itself was illegal, says the indictment and
accompanying statement, as was much of the activity used to effectuate it. Some
combination of the activity used to effectuate the scheme and the scheme itself
predicates each of the thirty-four charges under § 175.10. The second paragraph
of the indictment indicates that the predicating criminality includes (1)
violations of “election laws” and (2) violations associated with
“mischaracterize[ing], for tax purposes, the true nature of the payments[.]” The
third paragraph makes clear that the election law predicates include Michael
Cohen’s federal conviction for “making an illegal campaign contribution.” In
paragraphs 41 through 44, the statement alleges that Cohen worked with Trump and
American Media Inc. (AMI), the parent company of the National Enquirer, to
effectuate the scheme. Those paragraphs also recite AMI’s agreement that it
purchased the salacious stories without ever having intended to publish them.

The Bragg press conference provided some additional clues about the predicates.
Bragg repeatedly emphasized that the § 175.10 offense was concealment of prior
criminality: “That is exactly what this case is about. Thirty-four false
statements made to cover up other crimes.” Bragg’s prepared remarks detailed the
catch-and-kill scheme generally, and suggested the DA’s view that the scheme or
its parts violated several different criminal laws: (1) New York Election Law §
17-152, making it a crime to conspire to promote a candidacy by unlawful means;
(2) federal limits on campaign contributions (federal election law); (3) New
York laws violated by false statements on AMI’s books; and (4) tax laws violated
by a mischaracterization someone made or planned to make to taxing authorities.

The major point is this: Bragg is sketching a lot of different predicates
involving a lot of different people. Importantly, the predicates do not have to
be crimes committed by Trump; they can be crimes committed by Cohen, AMI, or
someone else. So the universe of predicates might look something like a 2x2x2
grid: (1) federal tax law violations by Trump; (2) federal tax law violations by
third parties; (3) New York tax law violations by Trump; (4) New York tax law
violations by third parties; (5) federal election law violation by Trump; (6)
federal election law violations by third parties; (7) New York Election Law §
17-152 violations by Trump; and (8) § 17-152 violations by third parties. The
list is a touch under-inclusive, because it doesn’t capture the possibility that
AMI’s false statements violated some other provision of New York law, which is
something that Bragg alluded to several times in his remarks.

https://www.lawfareblog.com/preemption-and-known-unknowns-trump-indictment


Bragg doesn't *have* to charge Trump with any other crime. In fact, it doesn't
even have to be a crime that Trump committed. If he deliberately misclassified
business expenses to conceal or to further *any* crime, whether committed by
Trump or some other person or entity, he committed felonies.

*LOCK HIM UP*
Blue Lives Matter
2023-04-24 18:43:21 UTC
Permalink
Post by Blue Lives Matter
The indictment identifies thirty-four falsified business records, but it didn’t
indicate what the criminal predicates were, because New York law doesn’t require
that it do so. But some clues about the predicates can be found in the  13-page
Statement of Facts that accompanied the indictment, as well as from Bragg’s
comments in a press conference following the arraignment.
The statement creates certain inferences about the predicates. Generally
speaking, the statement describes an “unlawful scheme” designed to “influence
the 2016 presidential election by identifying and purchasing negative
information about [Trump] to suppress its publication and benefit the
Defendant’s electoral prospects.” In short, the DA alleges what the popular
press calls a catch-and-kill scheme, which itself consists of more specific
unlawful activity. The scheme itself was illegal, says the indictment and
accompanying statement, as was much of the activity used to effectuate it. Some
combination of the activity used to effectuate the scheme and the scheme itself
predicates each of the thirty-four charges under § 175.10. The second paragraph
of the indictment indicates that the predicating criminality includes (1)
violations of “election laws” and (2) violations associated with
“mischaracterize[ing], for tax purposes, the true nature of the payments[.]” The
third paragraph makes clear that the election law predicates include Michael
Cohen’s federal conviction for “making an illegal campaign contribution.” In
paragraphs 41 through 44, the statement alleges that Cohen worked with Trump and
American Media Inc. (AMI), the parent company of the National Enquirer, to
effectuate the scheme. Those paragraphs also recite AMI’s agreement that it
purchased the salacious stories without ever having intended to publish them.
The Bragg press conference provided some additional clues about the predicates.
Bragg repeatedly emphasized that the § 175.10 offense was concealment of prior
criminality: “That is exactly what this case is about. Thirty-four false
statements made to cover up other crimes.” Bragg’s prepared remarks detailed the
catch-and-kill scheme generally, and suggested the DA’s view that the scheme or
its parts violated several different criminal laws: (1) New York Election Law §
17-152, making it a crime to conspire to promote a candidacy by unlawful means;
(2) federal limits on campaign contributions (federal election law); (3) New
York laws violated by false statements on AMI’s books; and (4) tax laws violated
by a mischaracterization someone made or planned to make to taxing authorities.
The major point is this: Bragg is sketching a lot of different predicates
involving a lot of different people. Importantly, the predicates do not have to
be crimes committed by Trump; they can be crimes committed by Cohen, AMI, or
someone else. So the universe of predicates might look something like a 2x2x2
grid: (1) federal tax law violations by Trump; (2) federal tax law violations by
third parties; (3) New York tax law violations by Trump; (4) New York tax law
violations by third parties; (5) federal election law violation by Trump; (6)
federal election law violations by third parties; (7) New York Election Law §
17-152 violations by Trump; and (8) § 17-152 violations by third parties. The
list is a touch under-inclusive, because it doesn’t capture the possibility that
AMI’s false statements violated some other provision of New York law, which is
something that Bragg alluded to several times in his remarks.
https://www.lawfareblog.com/preemption-and-known-unknowns-trump-indictment
Bragg doesn't *have* to charge Trump with any other crime.  In fact, it doesn't
even have to be a crime that Trump committed.  If he deliberately misclassified
business expenses to conceal or to further *any* crime, whether committed by
Trump or some other person or entity, he committed felonies.
*LOCK HIM UP*
More from that excellent Lawfare piece:

But it’s not clear that preemption would doom a § 175.10 case prosecuted with
election-law predicates, either. Consider predicates (5) and (6), where the
crimes are either violations of federal election law by Trump or by third
parties. Recall that Cohen already pleaded guilty to a crime under federal
election law. Under these scenarios, the § 175.10 counts could be predicated on
the federal crime for which Cohen has already been convicted. States attach
consequences to federal convictions all the time—making them elements of other
crimes, sentencing enhancements, or grounds for bar discipline. Imagine
something as simple as lying to the state bar about a federal election
conviction. If the preemption argument on predicates (5) and (6) is right, then
a state bar wouldn’t be permitted to punish the applicant for concealing it.

In a previous blog post, Shugerman wrote: “I think it’s a very hard case to say
that a state can turn a federal filing rule into a state filing crime.” That
might be true in cases where a state defines a criminal offense just for
violating federal election law. But that isn’t what is happening here. The
federal government defines one federal crime, but there was no § 175.10
violation until Trump later generated a different business record to conceal the
previously committed federal crime. A state’s ability to attach consequences to
concealment of the conviction isn’t barred just because the state can’t
criminalize the predicate itself.
Governor Swill
2023-04-25 00:33:28 UTC
Permalink
On Mon, 24 Apr 2023 11:43:21 -0700, Blue Lives Matter
So in a very simplistic sense, the indictment is based on mischarterization of cash flow
destinations?

Swill
--
Trump hat: "Barak Obama had a big part of 9/11."
Klepper: "Which part?"
Trump hat: "Not being around, always on vacation, never in the office."
Klepper: "Why do you think Barak Obama wasn't in the Oval Office on 9/11?"
Trump hat: "That, I don't know, but I'd like to get to the bottom of that."


Heroyam slava! Glory to the Heroes!

Sláva Ukrajíni! Glory to Ukraine! Putin is a condom!

Go here to donate to Ukrainian relief.
<https://www2.deloitte.com/ua/uk/pages/registration-forms/help-cities.html>
jdyoung
2023-04-24 23:54:58 UTC
Permalink
On 24 Apr 2023, Blue Lives Matter
Post by Blue Lives Matter
The indictment identifies thirty-four falsified business records, but
it didn’t indicate what the criminal predicates were, because New
York law doesn’t require that it do so.
Lol! Rudy, you should stick to sucking dicks.

"The Supremacy Clause of the Constitution of the United States (Article
VI, Clause 2) establishes that the Constitution, federal laws made
pursuant to it, and treaties made under its authority, constitute the
"supreme Law of the Land", and thus take priority over any conflicting
state laws."
Loading...