That’s what DANC was pointing out, though. I think it’s a bit more (I don’t know functionally what this would mean) than a civil case involving a statement with more particulars given the Sixth Amendment.
And it’s more than that: all three commentators think it’s possible Trump can’t be charged with a felony for this under NY law. (The slam dunk here would be to charge Trump with covering up hiring a prostitute but they can’t prove it). In short, I think they all see this as an exclusively federal issue.
Re felony v misdemeanor, from what I’ve read, the misdemeanors are out on SOL grounds.
To take this is a slightly different direction but still related to the vagueness problem, let’s leave Trump out of this for a second.
Think about a DA splitting up all these charges into 34 felonies and seeking to put someone in jail for up to 136 years for causing the falsification of business records for his hush-money payoff of an “affair.” Then, while seeking to put someone away for over 100 years, the DA doesn’t even spell out the legal basis for the felony by stating which crime he was covering up with the payment. If I were the judge, I’d have a big problem with that.