The odd thing about this case is how Bragg brought the it back to life after originally determining there wasn't enough there. That's what pissed off Pomerantz and led to him quitting and going public. I'd like to know what changed.
Grand jury votes to indict Trump
- Thread starter UncleMark
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The odd thing about this case is how Bragg brought the it back to life after originally determining there wasn't enough there. That's what pissed off Pomerantz and led to him quitting and going public. I'd like to know what changed.
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anon_6hv78pr714xta
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They charged him with 34 felony counts and zero misdemeanor counts.
I was just thinking there wouldnt be much point in flying Trump up last week if the SOL was a factor....of course being pro-active like that would reduce the billable hours.
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anon_6hv78pr714xta
Guest
Yes.
“For falsifying business records to a second degree, a conviction will result in a Class A misdemeanor. All misdemeanors in New York have a statute of limitations for two years. On the other hand, falsifying business records in the first degree is a Class E felony. A felony offense statute of limitations is five years.”
And you wouldn’t move to dismiss misdemeanor counts not brought against you. That would be dumb.
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anon_6hv78pr714xta
Guest
I think if you have to amend a pleading for it to survive, that means your initial pleading is defective, which is what DANC was complaining about, right?
I think you are assuming they can just switch all these charges to misdemeanors but with the shortened SOL, maybe they can’t now.
Let me reiterate: I have no idea how these things will play out. I’m just trying to clarify the issues.
Thanks. Although I'm not sure the two year limitation would have been met with the pause. He was always in DC or NJ or Florida.
And in fairness I don’t know the rules of crim pro for amendments and how changes have to relate back to the indictment etc.
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anon_6hv78pr714xta
Guest
I like how you always try to give people there benefit of the doubt. I've tried it, and it's difficult. But, no, DANC wasn't complaining about that. He specifically claimed that the indictment failed to even state the crime Trump was charged with. Probably because he read it on Twitter and didn't bother to think critically about it.
What we can all agree on is that this thing is politically motivated and that the Dems are VERY dangerous and that it’s the worst time possible for the dream team to be in complete disarray
I'm talking about you. You're not Constitutional expert and shouldn't be passing judgement on anyone.
Goat and others always do this - they take an argument I'm not making and then argue with me about it.Here's a written piece where the author spells out what the 'fundamental legal flaw" might be in the indictment, including that the law as Bragg is trying to apply it would be unconstitutionally vague:
The dubious legal theory at the heart of the Trump indictment, explained
No one knows if Donald Trump can be prosecuted for the hush money payment to Stormy Daniels.www.vox.com
These arguments against the indictment on legal grounds by Yoo, Epstein, and Millhiser are reasonable, I think, on their face (again, I am not familiar with the case law in this area, either NY or fed, so maybe these arguments are foreclosed somewhere).
I'm not arguing that these defense arguments will win or that my own political philosophy supports their winning; I'm just commenting on them from a legal generalist perspective.
I'm not arguing that the charges were originally brought illegally. A prosecutor can charge anything, but at the very least, should detail the actual crime (the one Trump is supposedly obstructing. Business records, OK, but that covers such a broad area). My contention was, Bragg made the indictment, but is planning on figuring out the details later. In other words, he doesn't really know what his case will be, but is hoping (like in the Russian Collusion investigation) that something will come up to bolster his case.
Goat and, apparently Mark (who thinks he knows civics and the law), think I'm making some legalistic Constitutional argument. Others are. I'm not (I'm not a lawyer and don't pretend to be - I''m just saying, in this 2 tier justice system, that Democrats are charging Trump and will figure out the law later.
If the same thing was done to Hunter ("We charge you, Hunter, with illegal foreign business deals, but we're not telling you what those are"), the wailing and gnashing of teeth would be biblical from the Left.
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The indictment didn't state the underlying crime he was supposedly falsifying business records about. I've never 'danced' around that and you are purposefully misrepresenting what I'm saying. Not the first time, by the way.
They will, you moron. Do you read any news? The next hearing isn't until Dec 4.
So the case isn't developed enough for the prosecutor to present to the defense?
Exactly what I said.
And there are numerous Republicans on this board who try and claim with a straight face that they've never heard of or known someone in QAnon...
Mas is bad enough. This one is a certified fruitcake...
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anon_6hv78pr714xta
Guest
I don't know how this will be handled. I think SOL is the reason Bragg didn't include the misdemeanor charges, too:
"A more immediate problem for the government could come if it is unable to obtain a felony indictment. If DA Bragg can only move forward on misdemeanor charges, which afford only two years of time under the statute, it seems all but certain that the statute of limitations clock has run out."
Has the Statute of Limitations Run Out on the Stormy Daniels Payment?
What seemed like any other New Yorker moving down to Florida might end up being the most consequential decision of former President Donald Trump's life.
www.newsweek.com
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anon_6hv78pr714xta
Guest
On another topic, anyone else think Ms. Daniels has aged quite a bit in appearance since 2016? These more recent pics and videos I see make her look 20 years older than her 2016 appearances.I don't know how this will be handled. I think SOL is the reason Bragg didn't include the misdemeanor charges, too:
"A more immediate problem for the government could come if it is unable to obtain a felony indictment. If DA Bragg can only move forward on misdemeanor charges, which afford only two years of time under the statute, it seems all but certain that the statute of limitations clock has run out."
Has the Statute of Limitations Run Out on the Stormy Daniels Payment?
What seemed like any other New Yorker moving down to Florida might end up being the most consequential decision of former President Donald Trump's life.
Are you brain dead? Have you not seen the pics on the island? Do you have any clue who Molech is? The quote is out of the bible. I guess thats a conspiracy theory to you too. Good luck with that cosmos.
I thought she looked OK in her recent interview (can't remember who the interviewer was).
I'll tell you who the looker is - and she got paid $20k more than Stormy - Karen McDougal, the Playboy playmate. Trump should have stuck with her. She is smokin'.
Of course, we've heard of it, Skippy. We just don't follow it as religiously as you do.
Haven't seen pictures but i wouldn't be shocked if her situation has led to a lot of stress for her. It's like before and after pictures of presidents to show how holding office has aged them.
Stress ages people.
When do you sleep, mcm? Between your sixty hour work week and your sixty hours posting here a week, you've barely got time to play video games and memorize Taylor Swift lyrics. I can see why you are weary from the grind!
lmao What stress does she have? She had a consensual relationship, bilked him of $130k, and then violated her NDA in an attempt to extort him even more.
Gold digger deluxe.
I doubt that's true. He paid taxes 365 days out of the year as a NY resident.
Are they going to refund those taxes when he wasn't actually in the state?
This is disappointing. I said several times last week that all the legal scholars and pundits said the SOL was expired for misdemeanors and the only way Bragg could go forward was to tie records falsification to another crime in order to upgrade the charges to felonies for which the SOL has not yet expired. They were saying in couple of weeks that they would have. Sometimes I wonder why we bother here. Few listen.
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