Trump's attorney Tacopina spouts nonsense on TV; why Trump's statute of limitations claim will fail

[Rhiannon12866]

Not surprisingly, Donald Trump's lawyers are spouting off nonsense on TV, trying to poison the well of public opinion. This video debunks the claims Trump's lawyers have been making recently.

The Trump Trials are like a freight train barreling toward accountability. - Glenn Kirschner - 04/01/2023.

[LetMyPeopleVote]

1. Under NY law, the statute of limitations is tolled while the defendant is out of state

Reply title:
Under NY law, the statute of limitations is tolled while the defendant is out of state
Message text:
Being absent from the state tolls the limitation period
https://www.nysenate.gov/legislation/laws/CPL/30.10

4. In calculating the time limitation applicable to commencement of a
criminal action, the following periods shall not be included:

(a) Any period following the commission of the offense during which
(i) the defendant was continuously outside this state or (ii) the
whereabouts of the defendant were continuously unknown and continuously
unascertainable by the exercise of reasonable diligence. However, in no
event shall the period of limitation be extended by more than five years
beyond the period otherwise applicable under subdivision two.

(b) When a prosecution for an offense is lawfully commenced within the
prescribed period of limitation therefor, and when an accusatory
instrument upon which such prosecution is based is subsequently
dismissed by an authorized court under directions or circumstances
permitting the lodging of another charge for the same offense or an
offense based on the same conduct, the period extending from the
commencement of the thus defeated prosecution to the dismissal of the
accusatory instrument does not constitute a part of the period of
limitation applicable to commencement of prosecution by a new charge.

[Rhiannon12866]

2. Thanks so much for posting this!

[Jarqui]

10. Weisselberg got a new lawyer that has some experience in racketeering

I think NY statute of limitations can be tolled/extended with conspiracy or racketeering

NY AG James civil suit does have a pattern of seemingly fraudulent activity going back years and Weisselberg testified to that fact when he pled guilty - he'd been doing it since before Donald Trump took over his Dad's company - something like that. They tried to clean it up when Trump became President.

There are numerous articles reviewing this with Trump over the last 6 years.
I'm sure the Manhattan DA staked out a defendable position.

There was a bunch of time added due to Covid as well

If you did one count for every check, that's 11 and a payment to Stormy and maybe a payment to National Enquirer. There's 13 counts.

There will be some business records fraud. Maybe a count for each transaction. That would get you to 26.

Probably tampering/obstruction. They need to lift the misdemeanor to another felony. Maybe a tax crime for charging a big personal expense to the business.

There is something else going on to get to 34 counts.

They're apparently leaning on Weisselberg to flip with the Zurich insurance fraud.
They could cherry pick a few of the easiest crimes to prosecute from AG James Civil suit crime referrals that are within the statute of limitations to fill out the 34 counts.

That Grand Jury was working on another case and are due to return later in April. Maybe that's to get Weisselberg on the Zurich insurance fraud or if they've flipped him, RICO/conspiracy case against Trump after the flip.

So many possibilities.
And that is the point.
Many on the right are being so critical when no one has seen the indictment. It's BS.

[BOSSHOG]

3. Glen Kirschner

Is a calming influence on my blood pressure. I appreciate his easy approach to nothing but the facts.

Why would a person who swears he is innocent have any concern about the statute of limitations?

Glen and I have one thing in common. Neither one of us needs a comb or shampoo.

[Rhiannon12866]

4. Same here - and he explains these legal issues simply and clearly, so I can understand them

And of course TFG is concerned about statute of limitations, since his usual desperate move is to delay and delay and delay...

And anything that you have in common with Mr. Kirschner has to be positive.

[BOSSHOG]

6. And we both served in the military

Supporting and defending trumps rights just like we swore to do. I’ve yet to get a thank you card.

[ancianita]

5. "...for the next few years..." UGH.

[Rhiannon12866]

7. As if the past few years, dealing with TFG, weren't bad enough...

[ancianita]

8. Seriously.

And I'm among those who've counseled "patience" around here. Yet I hate that kind of bad news from a seasoned prosecutor. People are patient, but this due process delay allowed by the courts just abuses human dignity.

And it's not the courts' fault. They are underfunded, understaffed by design, and it likely gets worse when Republicans run their administration. Yet these courts and the DOJ rake back hundreds of billions from white collar criminals.

What pisses me off is the reality that all the "due process" options are fully implemented as much by the slow rolling Jan 6 insurrectionists as by this rich scum whose violent "American carnage" narrative wrought so much national instability on this country by burning up norms and flooding the rule of law zones.

It's late,, I'm old, and am probably not seeing things as well as they deserve to be.

[Rhiannon12866]

9. I certainly agree and I also realize that the wheels of justice turn slowly

But it's frustrating as hell that we're still having to deal with the distraction and disruption that is TFG - giving his insane "supporters" plenty of time to cause more trouble and damage. This was not the way elections and government was supposed to work. During the 2016 campaign, I couldn't wait for the election to be over so he'd be out of the news and we could get back to what passes for "normal" again. But it's been over six years and his antics still lead the news - with no end in discernible sight. I remember thinking about Nixon and how it was the Republicans who finally took him down. With this joker, the worse he gets, the more they inexplicably rally behind him.

[ancianita]

11. Thanks.

I guess when times are muck-and-mire tough we gotta tough them out together.

Before I sign off, I just want to say that you are a solid presence on DU who I truly appreciate, Rhiannon.

[Rhiannon12866]

12. Awww, thanks so much! And same here!

I don't know what I'd do without DU and the smart people here, especially now, to help keep me sane...