Quote (tman65ky @ Mar 18 2023 10:27pm)
Dumbest move ever. Trashy Soros funded DA that doesn't prosecute violent crime goes for something the Feds refused to touch.
So one legal analysis I read about this looked at the fullest extent of how Bragg could torture the law to try to build a case here
The obvious issue is that the underlying transaction which they rely upon as the underlying crime in the felony conspiracy statute, the michael cohen payments, are obviously legal under FEC guidelines. Even though cohen plead guilty to them as a crime in that sweetheart deal with the feds to conjure a crime out of thin air just so they could use it against Trump here, its still a house of cards- since federal regulations are so abundantly clear its not a campaign expense, any attempt to argue in court to build that as the underlying crime will inevitably fall apart. And they can't just go with misdemeanor falsification of business records and drop the underlying crime angle, because even if they wanted to take a petty shot at Trump, they can't, it has a statute of limitations of 2 years as a misdemeanor. Even the felony version has a 5 year statute, which means they have to somehow argue for a continuing conspiracy that extends past the last date Trump signed a check because that's already expired
But here's the crazy angle. Bragg could try to argue that Trump violated NY state election law in the same case they've already set precedent for in the federal version. Besides running around double jeopardy, since he was never tried on that anyway, the real trick here is that New York election law is infamously corrupt and far far far more permissible than federal law. And its nearly impossible to prosecute a candidate for misusing campaign funds. But that's the thing. The precedents in New York law have been exploits of how it uses the same general concept as FEC law but with a slightly different wording, to try to parse that instead of the FEC's 'irrespective test', the New York board of elections has a sort of 'any nexus' test. And in the past, corrupt NY politicians have been able to blatantly misuse campaign funds for personal uses by just claiming that they had
any relation to their campaigns. Even if its something as tenuous as "I paid a mortgage on a property for a house I was staying at while campaigning"
ex
https://scholarship.law.columbia.edu/cgi/viewcontent.cgi?article=1005&context=public_integrityNew york's laws are so permissible that the cases they
could prosecute are when a politician directly sent campaign funds to his personal bank account. In fact they're so easy to circumvent they give an example of;
Quote
Thus, under the newly amended statute,
a candidate could avoid having to purchase items from his or her campaign at fair market value simply by using
campaign funds to purchase the item, using the item for some campaign related activity, and keeping the item
afterward. Such an expenditure would not be considered “personal” to begin with.
But here's the absurdity: they could try to invert this standard and try to use the overly permissive view of campaign expenses in order to criminalize conduct which is obviously personal use under FEC guidelines by calling it a campaign expense.
That's the crazy legal theory they may actually be going with. If New York can claim that
anything related to a campaign in any way is a campaign expense, then
anything you spend personal funds on is an illegal campaign expense using unreported personal funds, and any business report detailing those transactions is a felony conspiracy to falsify business reports to hide an underlying crime.
Its hard to understate how absolutely mindbogglingly astoundingly ass backwards moronic this is. Take the simple reductio ad absurdum. If Chuck Schumer uses his personal credit card to pay for a lox bagel at a kosher deli during a campaign stop, Alvin Bragg could send in storm troopers to carry the jew away on trumped up charges of felony falsifying a business report to hide an underlying crime. I mean, he wanted to win that jewish vote after all, that's an unreported campaign expense of an overpriced deli bagel, that's a credit card bill he later signed. The classical FEC example of a haircut being a personal, not campaign expense, something that exists irrespective of a campaign? AOC better pay her barber off the campaign dole if she doesn't want to get black bagged.