Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

Skip to comments.

BRAGG’S CASE IN SHORT
Powerline ^ | 18 May 2024 | Scott Johnson

Posted on 05/18/2024 11:10:42 AM PDT by Rummyfan

Manhattan District Attorney Alvin Bragg laid out his 34-count indictment of President Trump with links to underlying documents in this press release dated April 4, 2023. The indictment relies on section 175.10 of New York’s criminal law (“Falsifying business records in the first degree”): “A person is guilty of falsifying business records in the first degree when he commits the crime of falsifying business records in the second degree, and when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.”

In his most recent update on the trial, Andrew McCarthy concisely explicates the absurdity of the prosecution with links to previous columns that support each point. Under New York’s state constitution, the felony statute invoked gives insufficient notice of what it is criminalizing. The indictment fails to explain what laws Trump is alleged to have broken. Bragg purports to enforce federal law over which he has no enforcement jurisdiction. To top it off, Bragg’s version of federal campaign-finance law — over which he has no authority — diverges from the interpretations followed by the two federal agencies with exclusive jurisdiction over that law (the Justice Department and the FEC). Other than that, gangbusters.

(Excerpt) Read more at powerlineblog.com ...


TOPICS: Government; Miscellaneous; Politics; Society
KEYWORDS: bragg; hoax; trump

1 posted on 05/18/2024 11:10:42 AM PDT by Rummyfan
[ Post Reply | Private Reply | View Replies]

To: Rummyfan

The Columbian drug runner has let this farce go on too long. It’s all his fault.


2 posted on 05/18/2024 11:20:29 AM PDT by DeplorablePaul
[ Post Reply | Private Reply | To 1 | View Replies]

To: Rummyfan

Not a bit of this matters if the judge doesn’t care about the law and the jury is selected out of people who don’t care about the law.


3 posted on 05/18/2024 11:23:37 AM PDT by jz638
[ Post Reply | Private Reply | To 1 | View Replies]

To: Rummyfan

Writing legal services when the vendor is an attorney is not falsifying records. I write Staples, Blick, etc etc (vendor)...the receipts are in the shoe box.


4 posted on 05/18/2024 11:24:26 AM PDT by Sacajaweau
[ Post Reply | Private Reply | To 1 | View Replies]

To: jz638

Yup.

I see this as a Nothing case. There is nothing there. No crime. No legal jurisdiction. It’s 100% empty.

I bet the jury votes to convict.


5 posted on 05/18/2024 11:37:11 AM PDT by ClearCase_guy (It's not "Quiet Quitting" -- it's "Going Galt".)
[ Post Reply | Private Reply | To 3 | View Replies]

To: Rummyfan
A person is guilty of falsifying business records in the first degree when he commits the crime of falsifying business records in the second degree, and when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.

But the other huge flaw in Bragg's case is that even the misdemeanor of falsifying business in the second degree requires that its done with intent to defraud--not just that the records are false. Who was defrauded though? The voters? Nonsense...unless the voters were looking into the future at Trump's log entries made after the election through a crystal ball or something.

Thus with no plausible target of fraud the second degree charge is void, and thus the the first degree charge can not apply.

6 posted on 05/18/2024 12:05:25 PM PDT by AndyTheBear (Certified smarter than average for my species)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Rummyfan

The court and DA have committed numerous crimes such as malicious prosecution. Some are federal crimes, including obstruction of justice and election interference.

“Title 18 §1506. Theft or alteration of record or process; false bail:”

“Whoever feloniously steals, takes away, alters, falsifies, or otherwise avoids any record, writ, process, or other proceeding, in any court of the United States, whereby any judgment is reversed, made void, or does not take effect...”

“Shall be fined under this title or imprisoned not more than five years, or both.”

“Title 18 USC §595. Interference by administrative employees of Federal, State, or Territorial Governments:”

“Whoever, being a person employed in any administrative position by the United States, or by any department or agency thereof, or by the District of Columbia or any agency or instrumentality thereof, or by any State, Territory, or Possession of the United States, or any political subdivision, municipality, or agency thereof, or agency of such political subdivision or municipality (including any corporation owned or controlled by any State, Territory, or Possession of the United States or by any such political subdivision, municipality, or agency), in connection with any activity which is financed in whole or in part by loans or grants made by the United States, or any department or agency thereof, uses his official authority for the purpose of interfering with, or affecting, the nomination or the election of any candidate for the office of President, Vice President, Presidential elector, Member of the Senate, Member of the House of Representatives, Delegate from the District of Columbia, or Resident Commissioner, shall be fined under this title or imprisoned not more than one year, or both.”


7 posted on 05/18/2024 12:15:13 PM PDT by unlearner (I, Robot: I think I finally understand why Dr. Lanning created me... ;-)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Rummyfan

There is no crime and no case but likely you’ll see a guilty verdict so the deep state media readers can start calling Trump a convicted felon. Of course a higher court will overturn the whole thing.


8 posted on 05/18/2024 12:32:08 PM PDT by Georgia Girl 2 (The only purpose of a pistol is to fight your way back to the rifle you should never have dropped)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Georgia Girl 2
There is no crime and no case but likely you’ll see a guilty verdict so the deep state media readers can start calling Trump a convicted felon. Of course a higher court will overturn the whole thing.

The MSM-Democrats are clearing a path for a future Democrat candidate who will have been convicted of something much more consequential.

9 posted on 05/18/2024 12:36:50 PM PDT by Steely Tom ([Voter Fraud] == [Civil War])
[ Post Reply | Private Reply | To 8 | View Replies]

To: Sacajaweau
Even campaigns have legal expenses. What are THEY supposed to write on the checks?

It seems to me that the issue is not what was written in the memo of the check or how it was booked. Bragg is trying to say that the "crime" was paying for it with campaign money, not that it was a "legal expense" that was booked as a legal expense that was paid for with personal money.

The problem with Bragg's argument is two-fold:

  1. There is prior precedent in many cases that cash is fungible and it can't be determined which dollar bill is a campaign dollar versus a personal dollar.

  2. Bragg can't bring the charge that it should have been paid for with campaign money, because the FEC and DoJ have jurisdiction over federal elections and the New York State Public Campaign Finance Board has sole jurisdiction over state campaign finance abuses. That leaves Bragg with fraudulent records in furtherance of another crime as the only charge he can make.
-PJ
10 posted on 05/18/2024 12:49:36 PM PDT by Political Junkie Too ( * LAAP = Left-wing Activist Agitprop Press (formerly known as the MSM))
[ Post Reply | Private Reply | To 4 | View Replies]

To: unlearner

It is a clear case of election interference by these idiot LIBS.


11 posted on 05/18/2024 1:19:26 PM PDT by Mark (DONATE ONCE every 3 months-is that a big deal?)
[ Post Reply | Private Reply | To 7 | View Replies]

To: Rummyfan

“The indictment fails to explain what laws Trump is alleged to have broken.”

They’re pretending to prosecute according to the law, but what they’re doing is prosecuting according to personal preference.

This is one of the reasons these people are designated as low IQ.


12 posted on 05/18/2024 2:50:39 PM PDT by reasonisfaith (What are the personal implications if the Resurrection of Christ is a true event in history?)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Rummyfan

There is nothing dumber on this planet than a low I.Q., Affirmative Action shyster weasel lawyer.


13 posted on 05/18/2024 3:50:11 PM PDT by FlingWingFlyer (When did WE decide to make America a UN 5-Star Asylum Paradise for Socialist losers?)
[ Post Reply | Private Reply | To 1 | View Replies]

I'm glad that Ratskin's kid killed himself.

He salvaged some of the family's honor.

14 posted on 05/18/2024 4:07:46 PM PDT by kiryandil (Azov POW guys! Belgorod ground in 20 seconds! Bring your parade parachutes!)
[ Post Reply | Private Reply | To 1 | View Replies]

To: Rummyfan

Bragg’s case in short: “My handlers at the Hoover Building have been reminding me “Orange Man Bad”.


15 posted on 05/19/2024 4:41:19 AM PDT by Gay State Conservative (Proudly Clinging To My Guns And My Religion)
[ Post Reply | Private Reply | To 1 | View Replies]

Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.

Free Republic
Browse · Search
Bloggers & Personal
Topics · Post Article

FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson