Should we stop prosecuting misdemeanors in America?

[Pototan]

I speak to some Trump supporters, and they try to dismiss the hush money case as a misdemeanor. Let's say for the sake of argument that Bragg can only prove the business fraud aspect of this case, which is obvious, since the $130,000 dollars that Michael Cohen was reimbursed came out of the Trump Org. account for legal services, which Trump committed as a lie, conspiracy and fraud.

I then ask them if misdemeanors are no longer crimes, or just a crime for poor people?

And let's not lose sight of the fact that the whole cover-up was to silence a porn star that Trump had sex with while his wife was home nursing his newborn son and to cover-up an ongoing affair with a playboy model.

That's what they're defending?

[former9thward]

1. A misdemeanor would be dismissed because it is beyond the statute of limitations.

The time to file it is long gone. So Bragg had to create felony charges to get around that problem. Every legal authority has said this is very risky and an uncharted legal theory.

[IbogaProject]

3. Maybe wait to see the charges?

If he deducted the payments on his taxes for the money he reimbursed Cohen for on his 2017 taxes those were filed less than 5 years ago. And tax fraud is a felony. Let's wait to see the charges.

[Pototan]

4. The Statute iof Limitatiopns was tolled...

...while Trump lived out of state and because of the pandemic.

[former9thward]

6. Neither of those events toll a statute of limitations.

[Pototan]

8. I respectfully disagree...

...but we'll get an answer very soon.

[W_HAMILTON]

9. Cite your source then.

Because I remember this being brought up recently and others cited legal references that said that, yes, Trump's time living out of state would affect the statute of limitations in this case.

Here is one example of a news article referencing the exact things the other poster mentioned:

Former President Donald Trump’s time in the White House helped shield him from investigations and some lawsuits but it might open him up to greater legal peril from New York prosecutors investigating his finances.

Prosecutors in the Manhattan District Attorney’s Office have discussed using a section of New York criminal procedure law that they successfully applied in their sexual assault case against disgraced Hollywood mogul Harvey Weinstein to charge him with earlier conduct, people familiar with the matter said.

The section allows for the extension of the statute of limitations when a defendant has been out of state “continuously.”

Since Trump was sworn into office in January 2017, he has spent few days in New York, which means prosecutors could effectively add that time to the clock and investigate earlier conduct.

While that would likely apply only to the former President, legal experts tell CNN that prosecutors also benefit from an executive order that New York Gov. Andrew Cuomo issued last March that paused the clock on the statute of limitations to address the coronavirus pandemic’s impact on the New York court system.

The executive order could give prosecutors another several months’ worth of conduct by the Trump Organization and its employees to investigate.

Taken from: https://www.cnn.com/2021/03/12/politics/trump-statute-of-limitations/index.html

[Pototan]

10. Facts are a stubborn thing.

W_Hamilton.

Thank you.

From "the other poster"

[emulatorloo]

2. They don't even know what the charges are. I have a feeling they are in for a big surprise

tomorrow.

[PoindexterOglethorpe]

5. I'm inclined to agree.

I think we will all be very surprised when the actual indictment is read.

My fantasy is that Trump will be held without bail, because the charges are so serious.

[live love laugh]

7. 34 associated FELONY charges accompany the misdemeanor.

So there’s that …