The Battle Begins: Trump’s Trial Tests American Justice › American Greatness
Roger Kimball
Monday, April 15, 2024, is not only Tax Day in the United States. It is also the day that this country will take another fateful step towards banana republic-like tyranny. For it is the day that New York District Attorney Alvin Bragg—or, to give him his full title, “Soros-funded District Attorney Alvin Bragg”—will begin his 34-count felony trial against Donald Trump.
Exactly what is the presumptive Republican nominee for president charged with by the Biden Department of Justice? Paying Stormy Daniels—or to give her the invariable epithet, “porn star Stormy Daniels” (think “swift-footed Achilles,” “gray-eyed Athena”)—to keep quiet about an alleged sexual encounter in 2006 (which Trump has consistently denied).
But is paying someone to sign a non-disclosure agreement a crime? No. Then what’s going on here? As always seems to be the case when the subject is the Byzantine world of Donald Trump’s legal woes, it’s complicated. One of the best brief summaries I have seen was in an editorial in The Wall Street Journal this weekend. “The facts,” the Journal writers explain, “are these”:
Ms. Daniels has said that in 2006 she and Mr. Trump had one, er, intimate encounter. A decade later, as the 2016 election neared, Mr. Trump’s fixer Michael Cohen paid Ms. Daniels $130,000 to keep quiet. A nondisclosure agreement isn’t illegal. Mr. Bragg’s complaint is about the paperwork. Mr. Cohen was reimbursed through 2017 via a monthly retainer “disguised as a payment for legal services,” the DA said. He padded his indictment by separately charging each invoice, check and ledger entry to get 34 counts.
Falsifying business records in New York can be a misdemeanor, but the statute of limitations on that has expired. Mr. Bragg therefore must charge felonies, which under New York law means showing that Mr. Trump cooked the books with “intent to commit another crime or to aid or conceal the commission thereof.”
Even that requires special dispensation. The 2017 payments are outside the five-year felony window, but state judge Juan Merchan ruled that Mr. Bragg enjoys an extra year of leeway after emergency COVID-19 executive orders stopped the clock on legal cases.
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https://amgreatness.com/2024/04/14/the-battle-begins-trumps-trial-tests-american-justice/
