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"What law is Trump accused of breaking?" (from CNN background explainer 4/15/24)

"Manhattan District Attorney Alvin Bragg announced Trump’s indictment by a grand jury in April 2023, accusing the former president of 'falsifying New York business records in order to conceal damaging information and unlawful activity from American voters before and after the 2016 election.'"

"Technically, Trump is charged with 34 counts of falsifying business records, a Class E felony. Trump was charged with a felony because prosecutors accused him of falsifying business records with the intent to commit or conceal another crime connected to his 2016 campaign."

"This is the least serious type of felony in New York, which means if Trump is found guilty, the judge could sentence him to probation or a maximum sentence of up to four years in state prison on each count."

- Zachary B. Wolf, CNN

Assuming good-faith actors on the jury, and considering that 34 counts of fraud are charged, it seems unlikely that mobster-politician Trump will skate on all counts.

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Jonathan, I believe you were absolutely right when you said on Sunday that your reporting from the courtroom in Manhattan will be a big part of the historical record of this important trial, given the fact that it’s not being otherwise recorded or televised. We’re very lucky to have you there reporting and are thankful that you’re one of the 54 reporters granted access.

But you asked on Sunday what effect the trial was having out here in the general population, and the truth is, not much. If it was being televised, people would not be watching hours of the trial, but they would definitely be watching visual and aural highlights from the trial every day and night. If the trial was being recorded and televised (shielding the jurors), it is certain that the electorate would be fully engaged with the trial, and it would probably influence the election against Trump. It would definitely be “O.J.-level.”

Why is it that only Louisiana and New York have such strict controls on cameras in the courtroom? Both states are atavistic hold-outs (for different reasons), and in this case, it is having an extremely negative effect on the coming election and the future of American democracy. Trump’s pre- and post-trial appearances outside the courtroom are all most people see.

The Associated Press just reported that negotiations over the current New York state budget include a plea to allow media coverage of New York courts and a new law could even happen in time to affect the Trump trial, but that’s highly unlikely.

Also, I’m afraid the probability of a hung jury is significantly higher than your 15%, since the defense in this trial has no possibility for acquittal and its only chance is to sow confusion and misdirection, leading to a hung jury/mistrial that will be upheld after Trump is re-elected.

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Two Thoughts:

1) From what I’ve read, A) Trump is leading in all the battleground states and B) none of the other litigation, re Trump, will be ready for trial before November. Large swaths of the American electorate will conclude he’s being sued for tawdry, inconsequential sexual activities.

Our prosecutorial system is as stunningly ineffective as those members of the Weimer Republic who opposed Hitler’s ascension to power.

This reminds me of disputes, re school bussing, in the late Sixties and early Seventies. Liberal litigators brought many suits to compel school bussing to integrate schools, something that both blacks and whites largely opposed. Their litigation did not advance “liberalism.” On the contrary it was one of the major causes of the Nixonian backlash against Liberalism which was still very much in evidence as late as 1988, when Pennsylvania, Illinois, New Jersey, Michigan, Connecticut and Ohio, and many other states which Dems usually have to win, were lost by Dukakis.

Yes, we got Al Capone for taxes, and not for being a mobster. However, if Trump doesn’t lose the Stormy case, and isn’t incarcerated, we may all face a constriction of our liberties if Trump wins in November.

Concentrate on: Trump’s criminality re Jan 6, his shenanigans visa vis Russa (I think he is a foreign agent of Putin) and work the battle ground states as hard as you can !!!

2) In assessing Trump’s motion for a mistrial, it is imperative to determine whether or not a pre-trial order, or any other orders were rendered, which indicated what can be introduced as evidence and what cannot be introduced as evidence. Very often, parties are compelled to enter into a pretrial order which creates a roadmap for the trial . This “road map” often is excruciatingly detailed. If Trump says that the case should be dismissed because highly prejudicial testimony went to the jury, I want to know if the pre trial order precluded the introduction of that testimony

Also, very often parties make motions in “limine” before the trial starts. These motions are for an Order stating, for example, whether a witness can testify about Issue X.

Without being apprised of the dispositions of such motions, there is no way to assess the legitimacy of Trump’s mistrial motion.

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Very interesting update. The scene is painted as if a guilty verdict is possible, if not likely.

And, what if he is found guilty? Will be actually be incarcerated? Will appeals extend past November? DOJ cannot pardon him if he is elected. Will his loyalists finally get off the train?

Merchan is key to keeping the trial on pace and quashing the defense's delay, distract, and stall tactics. Keeping the jury focused on admissible evidence definitely works in the prosecution's favor. You can expect defense council to submit more motions for dismissal, mistrial, extension, etc... It will take Merchan's warnings, followed by punitive sanctions against defense council, Trump, or both, to keep this trial credible. I believe it will come to this in time.

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Well, they can’t all be ‘stormy’ days—well documented and thorough reporting.

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