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Saturday, March 18, 2023

Expert Attorney Says Bragg’s Case in New York Against President Trump Is a Flawed Case

 

 

Attorney Jonathan Turley calls the case against President Trump a flawed case.  Of course it is but it’s all they got. 

Earlier today it was reported that President Trump is going to be indicted by the corrupt Soros-backed DA in New York for a bogus literally made-up crime.

The crimes are so ridiculous it looks like former Mueller attorney Andrew Weissmann made them up.  Weissmann is famous for making up crimes.  He made a career out of it.

The New York Times even admits this case is a loser:

In New York, falsifying business records can amount to a crime, albeit a misdemeanor. To elevate the crime to a felony charge, Bragg’s prosecutors must show that Trump’s “intent to defraud” included an intent to commit or conceal a second crime.

In this case, that second crime could be a violation of New York state election law. While hush money is not inherently illegal, the prosecutors could argue that the $130,000 payout effectively became an improper donation to Trump’s campaign, under the theory that it benefited his candidacy because it silenced Daniels.

Jonathan Turley says the overall case is flawed.  It’s not just bad – it’s flawed.

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The case against Donald Trump over hush payments made to porn star Stormy Daniels in the build up to the 2016 presidential election is ‘flawed’, a legal scholar has said.

Jonathan Turley, a criminal defense attorney and Shapiro Chair of Public Interest Law at George Washington University, said the case by Manhattan District Attorney Alvin Bragg is unlikely to succeed.

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Turley was responding to Trump’s claim on Saturday that he’ll be arrested on Tuesday next week following a long-running probe by Bragg’s office into the $130,000 paid to Daniels.

But Turley also said Trump must ‘tap down any inflammatory rhetoric’ after the former president issued a call for protests amid the imminent charges. Trump had announced he’d be arrested within days and added ‘PROTEST, TAKE OUR NATION BACK!’

Trump could be charged with falsifying business records in relation to payments to his former attorney, Michael Cohen, who served jail time after pleading guilty to using campaign finances in relation to Daniels. The former president could also faces charges linked to violations of election law.

Turley said: ‘This is a flawed case if it is based on a state charge effectively prosecuting the federal election violation. That federal case was rejected by the Justice Department. There are also statute of limitation questions that could come into play.

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‘Bragg may be able to expect highly motivated judges and jurors in New York. However, the novelty and questions in this case would present difficult appellate issues for the prosecution.’

Turley added to DailyMail.com: ‘I am not confident that Bragg can bring this case under the statute of limitations.

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‘However, if he can shoehorn the federal charge into a state case, he still faces considerable challenges for a conviction. This is a notoriously difficult theory to prosecute, though this is the best jury pool that a prosecutor could hope for.’

The case is flawed for many reasons.  First of all the courts would have to prove that President Trump was aware of the records in question, let alone whether he had anything to do with them.  As a billionaire businessman President Trump likely didn’t see all transactions below a certain amount which likely applies to this case.

It appears the whole purpose of the case was to embarrass President Trump with the Stormy Daniels case again.  BTW – doesn’t she still owe President Trump some money?


https://www.thegatewaypundit.com/2023/03/expert-attorney-says-braggs-case-in-new-york-against-president-trump-is-a-flawed-case/

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