They’re not. Sounds like the New York State legislature wrote a statute that says falsifying business records to conceal or further another crime is a felony. If done for some other purpose it’s a misdemeanor.I'm no scholar, but I'm not aware of how a state DA is authorized to prosecute a federal charge.
We always got lovely things like scabies, thrush, MRSA, VRSA, rotavirus, Norwalk virus, CDiff (because everyone has taken a million antibiotics) in LTC.. it’s amazing I’m still kicking my parents are going to stay at the house when the time comesIt's not new. The candida strain has been sneaking in largely from other countries. Really only a concern in nursing home facilities and immunocompromised, at this point.
Serious question: Any idea whether the New York courts have ever allowed this enhancement when the concealed crime was a federal crime, or a Nebraska (or any state other than NY) crime?They’re not. Sounds like the New York State legislature wrote a statute that says falsifying business records to conceal or further another crime is a felony. If done for some other purpose it’s a misdemeanor.
Bragg is alleging facts to satisfy that enhancement and the underlying crime that was concealed or whatever is the election finance crime.
It sounds like it is just a standard enhancement and he’s just applying New York law as written.
Seems like a tough case to win because presumably he can’t get a lesser included and he has to prove a lot of elements.
But it doesn’t seem nefarious. That sounds like it’s just Trumpkins doing Trumpkin things.
In a way he is though. He has been persecuted by the left since day 1.
But they never did anything. Chants are no where close to actually locking them up. I would also point out that no one actually like Hilary, people for some reason like Trump. His hard core base is a different animal.Valid points.
It brings me back to the republican nominee for president leading thousands of screaming worshipers in chants of "lock her up" in reference to the democratic nominee for president. From what I recall, most all on the right found it hilarious and not damaging or divisive in the least, while those on the left looked on thinking "do they not have a clue as to what they are actually doing to this country?" "Can people actually support this type of nonsense?"
You seriously can't be defending that. You had the republican nominee leading the chant that he would lock up his opponent if he won. You understand that, right? Trumpers ate it up.....absolutely pathetic in the eyes of all reasonable people.But they never did anything. Chants are no where close to actually locking them up. I would also point out that no one actually like Hilary, people for some reason like Trump. His hard core base is a different animal.
And you didn't give me an answer? If anything you yet again agree that the Dems are no different than the guy you claim to hate, and yet you will sit here and try and claim a moral high ground over one.
If I was the DA and cared about this country I would do everything possible to keep Trump out of jail. like I said permanent house arrest, seize all his other assets, give him a felony so he can't hold office.
I have no idea, I don’t practice law in New York and have never had a case like this in Tennessee. (Sorry for super long post.)Serious question: Any idea whether the New York courts have ever allowed this enhancement when the concealed crime was a federal crime, or a Nebraska (or any state other than NY) crime?
Thanks. Good insight.I have no idea, I don’t practice law in New York and have never had a case like this in Tennessee. (Sorry for super long post.)
I know that all kinds of laws in TN have enhancements like this. DUI is a good example. In Tennessee, your 4th and subsequent DUI convictions are felonies. But Tennessee prosecutors can look outside the state for those convictions. There are hoops that prosecutors have to jump through to use a conviction from another state, but as long as the definition of DUI in the other state isn’t something wildly off the mark, it is permitted.
Hypothetically, a New York mob boss falsifying records to conceal sale of drugs in Vegas and Miami would seem like a pretty reasonable application of this law. The underlying crimes of possession can’t really be charged in New York, (I guess a conspiracy could, but it’s still a conspiracy to commit crimes in another state) but enhancing the financial crime would not be controversial, I wouldn’t think.
Also, at this stage, courts haven’t allowed anything. A prosecutor has (allegedly) alleged a theory of a crime. The only oversight at this stage is the grand jury. As far as I know, the grand jury hasn’t endorsed it, yet. I’m not a big fan of grand juries, they tend to be rubber stamps. But it’s still a deliberative body that would be endorsing any charge that he brings, so it’s ostensibly not just a unilateral decision by the prosecutor.
Then it gets challenged in courts. Trump’s lawyers will have an opportunity to raise all sorts of defenses if an indictment is returned. Those challenges could be successful or, if not, could be the subject of interlocutory appeals before any trial is held or could be appealed in the event of a conviction. (Most of the time when people like Johnathon Turley start opining about Trump’s legal defenses, the lawyers on the ground tend to decide that they’re not worth actually raising. This one could be different.)
Then, at trial Bragg still has to convince 12 jurors of guilt beyond a reasonable doubt, which tends to be a significant obstacle for the state in convoluted cases like this especially one where the reasonable doubt on the political motive seems pretty obvious (maybe he didn’t want Melania to find out).
I wouldn’t have high hopes for this case succeeding, unless they have something that proves he wasn’t worried about his pregnant wife finding out that he was sleeping around. But it’s just the system doing what the system does. The same basic thing happened to Alec Baldwin just a few weeks ago. The enhanced charge returned by the grand jury was barred by the ex post facto clause of the constitution and it got reduced pretty quickly once it got in front of a judge. So compared to some nonexistent ideal system, I can see an argument that this is wrong. Compared to the agreed upon system that we have, it’s pretty standard.
lol....I agree, but that's certainly a message better suited for the "lock her up" "patriot" crowd.You, and others like you, must take care not to influence those in the tens-of-millions who are impressionable.
Yup, see the Republican Congressional Baseball practice a few years ago. Or the nutcase who tried to kill Kavenaugh.You, and others like you, must take care not to influence those in the tens-of-millions who are impressionable.