The is is Part III of a four part series that’s looking at the details of the case that was made against President Trump that resulted in him being labeled a convicted felon.
Here’s how the prosecution’s case is constructed…
We’re now on #2, Federal Election Law…
Here’s the problem…
The crimes Trump was convicted of date back more than five years, but they withstood an initial court challenge because of a pandemic-era extension.Trump was indicted on March 30, 2023, more than six years after the earliest charge in the indictment, which dates to Feb. 14, 2017. That’s beyond the five years typically allowed by the statute of limitations, but there’s a catch: Former New York Gov. Andrew Cuomo extended the time limit to file charges in all criminal cases when courts were disrupted by the COVID-19 pandemic in 2020.
Trump’s lawyers moved to dismiss the case in its early stages based on the statute of limitations, but Merchan rejected the argument. In a pretrial decision, the judge said the pandemic extension stretched out the deadline for the prosecution by one year and 47 days.
“In other words, this felony prosecution had to be commenced within six years and 47 days from when the crimes were allegedly committed,” Merchan wrote.
Trump was charged within days of the potential deadline. The extension “brought the conduct described in the indictment within the prescribed five-year time limit,” Merchan wrote. (USA Today)
The Federal Elections Commission (FEC) had closed its investigation into whether former President Trump illegally made hush money payments to women prior to the 2016 election.
The FEC voted 4-1 to close the inquiry after failing to find that Trump or his campaign “knowingly and willfully” violated campaign finance law when his former attorney Michael Cohen paid $130,000 to porn star Stormy Daniels to keep her from disclosing an alleged affair.5
The FEC declared President Trump innocent of any wrongdoing involving his payment to Stormy Daniels in 2021. Yet, the State of New York decided to ignore that verdict and attempted to charge him with the same crime in 2024.
Another weakness in the prosecution’s case is the fact that President Trump’s alleged violation happened six years ago – a full year beyond the state’s statute of limitations. While a provision was made to extend that timeframe, given the way courts were disrupted by COVID-19, the fact that under any other circumstance, the prosecution’s case would never have made it to trial.
Bear in mind that a falsified business record is a misdemeanor. In order for it to be classified as a felony, the prosecution had to allege that the money was intentionally misrepresented in order to conceal another crime. But not only did that misdemeanor have to be linked to another crime in order for it to qualify as a felony, it had to be asserted as a felony in order for an exception to the statute of limitations to apply.
Here’s the problem…
Again, in order for the 34 counts of falsified business records to resonate as felonies, it has to be proven that they were falsely documented in order to conceal another crime. The prosecution asserted that one of the three possible crimes was a violation of New York State Law Section 17-152 which refers to a “Conspiracy to promote or prevent election.” It goes on to say that, “Any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means and which conspiracy is acted upon by one or more of the parties thereto, shall be guilty of a misdemeanor.”6
At one point, Judge Merchan elaborated by saying, “Under our law, a person is guilty of such a conspiracy when, with intent that conduct be performed that would promote or prevent the election of a person to public office by unlawful means, he or she agrees with one or more persons to engage in or cause the performance of such conduct.”7
The problem, however, is that the state has no jurisdiction when it comes to Federal elections. In other words, if the FEC declares that the money paid by President Trump to Michael Cohen was not in violation of the law, that ruling supersedes and preempts any provision of State law with respect to election to Federal office.8
Judge Merchan and the prosecution were completely wrong in making a violation of State Election Law as part of the trial because Federal Law renders any attempt on the part of the state to override a Federal ruling a moot point.
Here’s the problem…
In his legal review, Professor Gregory Germain elaborated on the issue of tax fraud as presented by the prosecution:
Early in the case, the District Attorney suggested that Trump might have been disguising the payments to commit tax fraud. But the DA introduced no evidence to support that claim. Trump asked Judge Merchan to prevent the District Attorney from arguing the tax fraud point. The District Attorney argued that falsifying the payment as income to Cohen rather than a reimbursement was a “tax law violation,” but Trump pointed out that there is no evidence that anyone received a tax benefit from the characterization. The court did not rule on the issue.9
So, however “tax fraud” might’ve been documented in the prosecution’s “Bill of Particulars,” it was never proven let alone discussed.
And the hits just keep on comin’!
Stay tuned for the exciting conclusion…