General Discussion

pnwmom

(110,261 posts) Tue Apr 4, 2023, 10:59 PM Apr 2023

I'm not a lawyer, but I don't see why Trump's 1st degree felony charge [View all]

depends on a connection to the Federal campaign finance law.

All the felony charge requires is that the false business entry facilitate breaking another law, right?

The false business entry totaling more than $400K in attorneys fees allowed Trump to take a tax deduction for those attorney fees.

So his false business entry was connected to NY state and city income tax evasion.

What am I missing?

https://www.reuters.com/legal/what-charges-does-trump-face-new-yorks-hush-money-case-2023-04-05/

WHAT LAWS DOES THAT VIOLATE?
It is against New York state law to make a false entry in a company's records. While falsification of business records on its own is a misdemeanor, meaning it is punishable by a sentence of less than one year, it is considered a felony punishable by up to four years in prison if it is done to conceal or further other crimes.

53 replies

= new reply since forum marked as read

Highlight:

I'm not a lawyer, but I don't see why Trump's 1st degree felony charge [View all] pnwmom Apr 2023 OP

Those crimes were not charged. former9thward Apr 2023 #1

What is uncharted is using a Federal law, like the campaign finance law, pnwmom Apr 2023 #4

Trump was not charged with tax evasion. former9thward Apr 2023 #6

But the prosecutor's statement says this: pnwmom Apr 2023 #11

If it was illegal why wasn't he charged? former9thward Apr 2023 #14

No inthewind21 Apr 2023 #41

Not even close Johnny2X2X Apr 2023 #7

If its done "all the time" then someone should be able to point to a specific case. former9thward Apr 2023 #8

JustSecurity did an analysis. pnwmom Apr 2023 #12

And if you look at those cases the defendants were charged with the underlying crime(s). former9thward Apr 2023 #49

Bragg says that the underlying crimes were to do with both NY state and Federal election law pnwmom Apr 2023 #50

Any juror is going to ask why the crimes were not charged. former9thward Apr 2023 #51

Of course a juror will. But the details don't have to be included in the indictment/ statement now. pnwmom Apr 2023 #52

Or inthewind21 Apr 2023 #42

I tried. former9thward Apr 2023 #48

they don't have to be dsc Apr 2023 #44

I'd guess for many folks a crime isn't a crime until there is a conviction Model35mech Apr 2023 #45

Defrauding the American public NJCher Apr 2023 #2

Yes. NY State taxes. emulatorloo Apr 2023 #3

After nearly 40 years in California Retrograde Apr 2023 #9

My understanding is that the prosecutor only needs to prove intent to Gaugamela Apr 2023 #5

I don't agree with your assessment but even if that were true former9thward Apr 2023 #10

They don't have to include every detail in the statement of facts pnwmom Apr 2023 #13

The prosecutor can't hide evidence. former9thward Apr 2023 #15

It's not hidden. Read the statement, especially this part: pnwmom Apr 2023 #18

That is not tax evasion. former9thward Apr 2023 #19

It is classic tax evasion. This allowed Trump to take a huge tax deduction $420,000 pnwmom Apr 2023 #20

Yes but whether it was Sgent Apr 2023 #32

And Cohen went to jail for his crime. But the $420K payment Trump made gave Trump a huge pnwmom Apr 2023 #34

I think you quoted that wrong Sgent Apr 2023 #24

I copied and pasted from the Statement. pnwmom Apr 2023 #28

The 'Statement Of Facts' Is Not Evidence, Sir The Magistrate Apr 2023 #22

There is a footnote you might like... Hermit-The-Prog Apr 2023 #38

Yes, that is a cut and paste boilerplate I have seen a 1000 times if I have seen it once. former9thward Apr 2023 #39

When does discovery begin? Hermit-The-Prog Apr 2023 #46

Discovery began Tuesday for the defense as far as starting to see evidence. former9thward Apr 2023 #47

This is what I've heard repeatedly from the lawyers on Meidas Touch. It's not Gaugamela Apr 2023 #17

I posted my views in this thread. former9thward Apr 2023 #21

Even in Arizona, how is taking a large tax deduction under false pretenses -- pnwmom Apr 2023 #25

If Trump did that why wasn't it charged? former9thward Apr 2023 #27

All the indictment counts are written broadly, merely referring to another crime. pnwmom Apr 2023 #30

You don't inthewind21 Apr 2023 #43

I'm not sure you ARE missing anything since I've seen pundits claim that the talk of tax evasion RockRaven Apr 2023 #16

"the talk of tax evasion" former9thward Apr 2023 #23

It's discussed in the Statement. pnwmom Apr 2023 #26

Have to find intent for tax fraud Sgent Apr 2023 #29

Andrew Weissmann on TV said that the linkage to tax crime was stronger jgo Apr 2023 #31

Thank you, jgo! So there are legal opinions on both sides of this. pnwmom Apr 2023 #33

Linking it to the election needs Cohen's testimony ripcord Apr 2023 #35

Which is why other witnesses were brought in to corroborate the election motive wishstar Apr 2023 #36

But he also supplied the prosecutors with written documents and audio recordings pnwmom Apr 2023 #53

Bragg emphasized NY State campaign law also, not just Federal wishstar Apr 2023 #37

That inthewind21 Apr 2023 #40