Trump Hush Money Trial Archives

A MAGA Acolyte’s Utterly Transparent Gift to Trump – The No More Political Prosecutions Act

July 7, 2024July 17, 2024 Michael MatheronLeave a comment

“District Attorney = Democrat Prosecutor = donated to Biden in 2020
= Prosecutor = paid by the DNC, former Biden DOJ official
= Jury = pulled from one of the most liberal areas = Judge, donated to Biden in 2020 = Trial and Conviction = total sham”
Twitter/X May 31, 2024, MAGA & causation expert Rep. Russell Fry, R SC-District 6,
immediately after Trump’s 34 NY felony convictions

As you can see above, first term backbench GOP/MAGA congressman Russell Fry had his dander up on May 31st, one day after Trump was convicted of 34 felonies. He torched the usual MAGA suspects: the District Attorney, the prosecutor, the jury, and, as a result, the 34 convictions.

And. as we’ll see after the next section, in April of 2023 Fry began to take on the federal criminal procedure that disallowed Trump from removing his election fraud case from New York to a federal District Court. His bill, H.R. 2553, has been percolating since then and, significantly, was reported out of the Judiciary Committee in January 2024 onto the House Calendar. It’s shyly named, “No More Political Prosecutions Act of 2023”. It’s important and potentially game changing.

But first, and briefly . . .

For a Backbencher He’s Got Front Bench Chutzpah

Fry is a typical MAGA extremist, beloved of Donald Trump. He describes himself on Twitter/X as: “Husband. Dad. Sock game on point. 8th grade ping pong champ. Fmr Chief Whip in SC House. #AmericaFirst. Trump Endorsed.” And there’s more than just sock game on point to please him.

His voting record for his first 19 months in Congress is rated as highly as the most MAGA Republicans in the House. He’s earned a 94% from the maniacal Heritage Foundation (the average House Republican garners an 745% rating). The Freedom Index has him at 90%, and for comparison, madman Jim Jeffords is at 80% and the equally mad Speaker of the House is at 73%). So, you know who we’re dealing with here . . . If you need any more info, there’s this: He received the Award for Conservative Excellence from the infamous The Conservative Political Action Conference (CPAC). He liked that: “It is an honor to receive the Award for Conservative Excellence and be rated among the top 10% of the most conservative members of Congress. I will never stop fighting for conservative wins in Washington!” In short, he’s a MAGA doozy, thinking erroneously that he’s a “conservative,” when he’s a MAGA bomb thrower. And he seems to be a MAGA up and comer, especially given his bill’s success, No More Political Prosecutions Act of 2023, now on the House Union Calendar.

The No More Political Prosecutions Act of 2023

On April 11, 2023, Fry introduced H.R. 2553 and referred to which was referred to the House Judiciary Committee, chaired by the MAGA star and irritant Jim Jordan. Fry’s website described the bill,

“Congressman Russell Fry (SC-07) has introduced the No More Political Prosecutions Act, legislation that would give Presidents and Vice Presidents, both former and current, the option to move their own civil or criminal cases from a state court to a federal court. Presidents and Vice Presidents are among the most visible politicians in the United States government — making them a target for rogue prosecutors looking to build up their profile and make a name for themselves on the political stage. Because of that threat, it’s important for Presidents and Vice Presidents to have the option to move their case to a federal court — where judges are confirmed by the U.S. Senate, serve in their role for life, and don’t need to win an election to keep their position.

‘I’m proud to introduce the No More Political Prosecutions Act. Politically motivated prosecutors should not be able to wield unwarranted power and target our nation’s top leaders for their own personal gain. This legislation will prevent the political prosecutions of Presidents and Vice Presidents and thwart corrupt prosecutors’ agendas.’” [Emphasis in original]

28 U.S. Code § 1442 – Federal officers or agencies sued or prosecuted

(a) A civil action or criminal prosecution that is commenced in a State court and that is against or directed to any of the following may be removed by them to the district court of the United States for the district and division embracing the place wherein it is pending:
(1) The United States or any agency thereof or any officer (or any person acting under that officer) of the United States or of any agency thereof, in an official or individual capacity, for or relating to any act under color of such office or on account of any right, title or authority claimed under any Act of Congress for the apprehension or punishment of criminals or the collection of the revenue.
(2) A property holder whose title is derived from any such officer, where such action or prosecution affects the validity of any law of the United States.
(3) Any officer of the courts of the United States, for or relating to any act under color of office or in the performance of his duties.
(4) Any officer of either House of Congress, for or relating to any act in the discharge of his official duty under an order of such House;
(5) The President or Vice President, or a former President or Vice President. [Emphasis added]

(b) Application.—The amendments made by subsection (a) shall apply to civil actions or criminal prosecutions pending on the date of enactment of this Act or commenced on or after such date. [Emphasis added]”

The Donald Trump Legislation Machine

Fortunately, this legislative proposal, which is among many MAGA/GOP ideas specifically designed to protect Donald Trump from accountability, languishes on the House Calendar; let’s hope it stays that way. It’s another super-partisan example of the extent to which MAGA politicos go to subvert the very idea of creating laws of general applicability. The No More Political Prosecutions Act was introduced in January 2024, two months before Trump’s New York state criminal trial began, a trial that Trump, in 2023, tried to remove from state court to federal court where his team believed he’d fare better than in New York’s state court. This attempted movement is not illegal or even underhanded, it is an attempt at what is labeled forum shopping and is subject to complex removal rules.

Trump averred that the federal district court had subject matter jurisdiction because he was charged “for conduct committed while he was President of the United States that was within the ‘color of his office,'” and that the charges involved both federal and state election law violations about which the state election law was preempted by federal law, and thus ought to be removed to federal court. U.S. District Judge Alvin Hellerstein, who heard Trump’s removal request, denied it. POLITICO reported:

“In his written decision Wednesday [July 19, 2023], however, U.S. District Judge Alvin Hellerstein found that ‘[t]he evidence overwhelmingly suggests that the matter was a purely a personal item of the President — a cover-up of an embarrassing event. He added: “Hush money paid to an adult film star is not related to a President’s official acts. It does not reflect in any way the color of the President’s official duties.’” [Emphasis added]

As you see again, Trumpists have a very “liberal” view of official presidential acts. Don’t they see the irony in that? Of course they do. They just don’t give a damn.

In any event, Trump stayed in the New York judicial system and was crowned on the last day of May with 34 criminal convictions.

One can see, then, that Congressloon Russell Fry’s No More Political Prosecutions Act, introduced in January 2024, was then an obvious pander to Trump and for no other purpose. The bill’s language (see above) is phrased in general terms; it would be a bridge too far for even a MAGA superstar like Fry to explicitly limit the proposed legislation to Donald Trump exclusively. But for many MAGA acolytes, Trump presents a single purpose for them, to protect and defend. I have little doubt that Fry’s interest in the complexities of federal-state removal law ever burdened even a moment of thought prior to Trump’s New York indictment. He is, after all, just a water boy.

Supreme Court Immunity Decision Virus May Be Spreading

July 5, 2024July 5, 2024 Michael Matheron2 Comments

Three days ago, Judge Merchan issued the letter below to the defense and the prosecution in the so-called hush money case, more properly called the election interference case (emphasis added). So, the Supreme Court has teed this up for Trump’s attorneys and God knows whether the 34 convictions will be overturned. A sea change . . .

Trump’s Media Company Stock (DJT) Swan Dive – MAGA Investors Hit Hard Since NY Election Fraud Convictions

June 20, 2024June 24, 2024 Michael Matheron1 Comment

Today, Donald Trump’s media company stock (DJT) continued its two week long swan dive which took on steam May 30, the day after his 34 felony convictions for NY election fraud. From that day until today at market close, DJT gave up 50% of its value to shareholders, all within 16 trading days. That’s a collapse by most anyone’s standards. The last two days were so-called high volume days where huge numbers of shares are traded as opposed to the average trend. Often, traders interpret high volume in a short time period during a stock’s downward trend, like DJT, as a “capitulation,” in other words, a signal that in the days ahead DJT may recover a portion of its losses. Nonetheless, the loss of value is considerable from May 30 through today, considerable for shareholders who sold, including Trump himself who owns more than 58% of outstanding stock, or 115 shares, which fell from approximately $5+ billion to $2.8 billion, and due to a lockup provision, described below, he was unable to sell a single share to stem the tide.

As opposed to this sour financial market news, let’s recall that Trump campaign staff, on the political side insist the 34 criminal convictions help him with his supporters who apparently consider crime to be a major task of a president. They have insisted this with every Trump foray into the legal landscape, from accusations to indictments to civil judgments to gag orders to criminal convictions. Each is a new diamond in his crown. (Their post-conviction euphoria about Trump’s election fraud trial may be misplaced with recent polls showing, for example, independent voters shying away from Trump due to his May 30 convictions.)

One trend, though, they cannot deny is the rapid decline of DJT stock post-conviction. One cause-effect test includes a proximity requirement that the effect occur close to the time of the cause. The swoon in DJT stock began precisely the morning after the jury brought in its verdict, and has continued unabated since then.

While one can’t blame Trump’s convictions entirely for DJT’s collapse, it surely was the match that lit the fire. One of those other factors was disclosed recently: Trump may disavow a promise to post his messages on Truth Social first. That now questionable promise had been an important reason that investors, well, invested. Three days ago the company said in an amended registration statement:

“If TMTG disagrees with President Donald J. Trump about the scope of his obligation to use, or first post on, Truth Social, TMTG lacks any meaningful remedy with respect to such disagreement – which could have a material adverse effect on the business and/or operations of TMTG.”

Be Not Somebody’s Pigeon

Anyone who knows anything about Trump’s business acumen and general honesty, and lack thereof, should have known that caution was uppermost; I grew up quite near New York City and followed his misadventures closely. For those investors unaware of the myth of Trump who did the slightest amount of due diligence before investing in DJT, by simply googling “Trump businessman” ought to have avoided DJT like the plague (unless, of course, one is a high flying stock picker or institutional investor looking for MAGA pigeons to feast on by shorting the stock). Call me prone to schadenfreude (go ahead!).

This big decline in DJT in the wake of the long standing MAGA investors’ excitement and confidence based primarily on viewing DJT as a stand-in for the Donald himself rather than as an investment in their and their families’ futures. The MAGA investors’ group felt like business partners! Trump, of course, knew they’d prove to be the perfect pigeons for swallowing his financial hyperbole and outrageous lies. (I’ve reported on DJT stock and outlined the problems and risks posed by DJT, see a list at the the bottom of this post.)

Schadenfreude aside, the pity is that most MAGA DJT-investing fanatics were rendered almost wholly uneducated by their state education system, particularly K-12. They support the MAGA governors, school boards, state education departments, and the GOP/MAGA legislatures that have caused this for decades. As for DJT, the evil black swan, being almost wholly uneducated himself, he glamorizes low educational levels – “I love the poorly educated!” Of course.

Trump envisions DJT as a proxy super PAC, a source of cash for personal use, campaign funds, and legal fees. Note, however, that according to the prospectus “lockdown” provision, and other SEC filing documents, Trump and other major shareholders are prohibited from, for example, selling or taking out loans against DJT stock until September 2024. Note, again, though, that a simple vote by the board is sufficient to suspend that prohibition. So, in effect, the September lockdown date is not binding, especially given who the board members are, namely, Donald Trump, Jr., Kash Patel, David Nunes, and other similar rubber stamps. If Trump exercises his ability to purchase stock after the September lockdown period, within a month of election day, to, for example, pay for an advertisement blitzkrieg, his stock sales then could cause another swan dive since he’d likely sell large amounts of DJT thus undermining DJT’s value. That would again injure MAGA investors.

Tithing for Trump!

Nevertheless, MAGAites who hold DJT stock are cult members who, I propose, view their DJT investment as a tithe, common in actual church denominations throughout the world. So, in that spirit, they’ve invested in Pastor Trump, and support his message of a bright MAGA tomorrow. It’s far less a financial investment than a spiritual one. Despite what I suggest above, they may be reticent to dump their stock during swan dive periods. That, to them, would be something of a sacrilege, an insult to Trump and to God who supports him. How much DJT stock does God own? If, as I hinted above this swan dive “capitulation” volume the last two trading days is but a prelude to a recovery rise in DJT, then apparently God is a major investor . . . stay tuned to CNBC.

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Below are links to my other DJT posts:

Trump’s Truth Social Merger, A Wall Street Platform to Fleece His MAGA Investors?

How Trump Could Escape Lock-Up & Commit Highway Robbery, Part One of Two

Trump’s Pre-Sentence Interview – Will He or Won’t He?

June 10, 2024June 10, 2024 Michael Matheron1 Comment

Today Donald Trump will likely sit for his pre-sentence interview with a New York City Probation Department official, but unlike most persons, he will not have to attend in person; his interview will take place remotely while he is in Mar-A-Lago. Also, unlike most persons, Trump will have his lawyer present, this due to Judge Merchan’s order. So much for Trump’s bloviating about being treated unfairly.

Note too that, according to Business Insider, “NY state law requires the judge to order a pre-sentencing report, but does not require that the defendant participate in the process.” Should, however, Trump follow that path, Business Insider continued, according to Angel Rodriguez, founder of Avenues for Justice, “It would piss the judge off to no end’ . . . especially given his history of gag order violations and disruptive courtroom behavior.” We all know Judge Merchan’s temperament by now, and “pissed off” might be an understatement.

Trump, also, in another manner of not participating, could attend the virtual meeting but refuse to answer any questions except, perhaps, regarding his name, address, and other similar queries. According to a NY defense attorney cited by Business Insider, “If he wants to show remorse, then certainly the probation report is a good place to start doing that, but Donald Trump has not shown remorse and insists everybody else are the wrongdoers.” Trump’s chances for sentencing leniency will be harmed with this approach, and it’s a pretty sure bet he would express neither regrets for his crimes nor concerns for the victims, like Stormy Daniels or Michael Cohen.

Trump’s usual “everybody else are the wrongdoers” approach may fit a Mafia families meeting, how differently New York Courts.com describes the benefits to a cooperative demeanor:

The pre-sentence report is a chance for the defendant’s lawyer to say good things about the defendant, like that the defendant is in a counseling program or has a steady job and takes care of an ailing family member. The pre-sentence interview is a chance for the defendant to try to make a good impression and explain why he or she deserves a lighter punishment. The pre-sentence report is also a chance for a crime victim to explain how he or she has suffered and what he or she has lost.

Will he or won’t he? We know he cannot regulate his fury or his massive self-confidence. In sum, the Business Insider article quotes a former NY white collar crime prosecutor, Diana Florence:

“It’s perfectly fine to say the matter is on appeal, and I maintain my innocence. What’s not fine is to say the judge is corrupt and the jury is corrupt, and the witnesses must die.”

Indeed. But given Trump’s bravura-tinged self-defeating nature in these legal settings, his lawyer’s job convincing him to just shut up, shut up, shut up is a Herculean task. As we’ve witnessed, Trump’s lawyers are not Greek gods.

BREAKING – Juror Misconduct in Trump NY Trial? — MAGA Screaming for Mistrial

June 8, 2024June 8, 2024 Michael Matheron1 Comment

Newsweek just reported that a Trump trial’s juror’s cousin may have been contacted by the juror about the guilty verdicts that were to come. This has caused supercharged MAGA derangement symptoms, i.e., this proves the trial and convictions were politically motivated shams. Some have called for a mistrial to be immediately declared, which I’ll discuss below.

Newsweek reported:

Questions have surfaced regarding the jury in former President Donald Trump‘s New York City hush money trial after the presiding judge flagged a post to social media alleging that a juror had spoken about Trump’s verdict before it was handed down. According to New York State Supreme Court Justice Juan Merchan’s letter, which was sent to Trump lawyer Todd Blanche and Manhattan District Attorney Prosecutor Joshua Steinglass, a comment was left on the New York State Unified Court System’s Facebook page by a user under the name “Michael Anderson,” who wrote, “My cousin is a juror and says Trump is getting convicted. Thank you folks for all your hard work!!!!” The comment was in response to a post by the court on May 29, a day before the former president was convicted of 34 felony counts in connection to hush money paid to adult-film actress Stormy Daniels during Trump’s 2016 presidential campaign. Merchan wrote that as of Friday, Anderson’s comment was “labeled as one week old.”

This was quickly shown to be a hoax by none other than the poster himself:

This is still developing, and who knows what will result, but the calls for a mistrial appear to be futile under New York law:

New York Consolidated Laws, Criminal Procedure Law – CPL § 280.10 Motion for mistrial

At any time during the trial, the court must declare a mistrial and order a new trial of the indictment under the following circumstances:

1. Upon motion of the defendant, when there occurs during the trial an error or legal defect in the proceedings, or conduct inside or outside the courtroom, which is prejudicial to the defendant and deprives him of a fair trial. When such an error, defect or conduct occurs during a joint trial of two or more defendants and a mistrial motion is made by one or more but not by all, the court must declare a mistrial only as to the defendant or defendants making or joining in the motion, and the trial of the other defendant or defendants must proceed; [emphasis added]

2. Upon motion of the people, when there occurs during the trial, either inside or outside the courtroom, gross misconduct by the defendant or some person acting on his behalf, or by a juror, resulting in substantial and irreparable prejudice to the people’s case. When such misconduct occurs during a joint trial of two or more defendants, and when the court is satisfied that it did not result in substantial prejudice to the people’s case as against a particular defendant and that such defendant was in no way responsible for the misconduct, it may not declare a mistrial with respect to such defendant but must proceed with the trial as to him;

3. Upon motion of either party or upon the court’s own motion, when it is physically impossible to proceed with the trial in conformity with law.

While slightly ambiguous, the text can be read to indicate that the motion must be brought during the trial, and after the verdict has been reached, but not following the court’s announcement of the verdict which occurred on March 30. We’ll see, though, should this incident be proved to be not a hoax. Then there ought to be a defendant’s remedy, if not a mistrial, then in an appeal. But – egads! – what next in the ongoing Trump saga?!

This Presidential Poll May Toll Good News for Biden

June 6, 2024June 6, 2024 Michael Matheron1 Comment

Today’s Emerson College poll, among the few more than a week after Trump’s election interference convictions, signals some good news for the Biden campaign. The poll was conducted June 4-5 among 1,000 registered voters and has a margin of error of 3%. This June 5 poll has the advantage of respondents having had a week to consider the guilty verdicts, as opposed to those polls conducted immediately after the verdict. Below is the “headline” chart (with my notes superimposed):

As for the pregnant question, during the six-weeks of the NY election fraud trial and the convictions, Trump’s strength stayed at 46%, while Biden’s rose from 43% to 45%, a hopeful sign. This is particularly meaningful when you view Trump’s meteoric rise during the Trump indictment period, from 41% to $47% as MAGAites expressed their increased support for a criminally indicted presidential candidate. Biden, though, also rose, from 42.5% to 44% during that time. If one reads the headline chart as a trend, then Trump’s supporters have remained in a flat pattern, even after the May 30 convictions when they usually react positively to Trump’s criminality. Biden’s ratings, however, rose from 43% to 45%. If indeed this is a trend then that’s the hope in hopeful because I, for one, expected this poll to indicate a burst of post-conviction enthusiasm among Trump supporters, particularly when compared to their euphoria during Trump’s indictment season. Some Trumpists have drifted – south.

Also hopeful, the trends among independent and undecided voters were meaningful. Emerson pollsters concluded:

A plurality of independents say it makes no impact (41%), while 38% are less likely to vote for Trump and 21% more likely. 58% of undecided voters say the conviction does not impact their vote; 36% less likely, 6% more likely. [Emphasis added]

The “less likely” versus the “more likely” to vote for Trump, in a likely close election, favor very much the “less likely” choice. That’s, after all, a significant voting bloc.

The next big test, the public reaction to Biden’s Proclamation on border security, now in effect, for an indeterminate time. Should this succeed in stemming the immigration tide, polling data will reflect that. The consequences may – should – move more independents and undecideds into the Biden column, but a weak Biden campaign communications office needs to step up. Bigtime.

Then, on the calendar for June 27th, comes the first debate, which ought to very much rock the presidential polling. If Biden, between now and then, continues his post-Trump conviction upward polling trend, the public may be in a psychologically friendly mood to conceivably lean toward Biden’s debate performance, especially for independents and undecideds. And should Trump act out manically and maniacally as a debater, his usual tactic, then those voters may swing even more towards Biden. Once again, from my typewriter to Goddess’s ears. . .

Trump’s Foreign Travel Plans Hit 37 Speed Bumps

June 3, 2024June 3, 2024 Michael Matheron2 Comments

Countries rejoicing in the news that Donald Trump will not be visiting anytime soon now that he’s a convicted felon include Australia, China, Brazil, Canada, Cuba, India, Iran, Israel, Mexico, Ukraine, and the United Kingdom. There are exceptions, however, and Russia and Hungary, two of his favorite authoritarian vacation destinations, are among them. Also, in some countries, UK being one of them, after he (hopefully) serves his prison sentence and clears probation, he’ll be able to visit (except spoil-sport Canada where there a very few exceptions).

Come what may, Trump is on the face of it barred from personally sullying the countries of approximately 2.5 billion souls. Finally, he’s a billionaire!!

Full list of countries that restrict visits from felons

Argentina
Australia
Brazil
Cambodia
Canada
Chile
China
Cuba
Dominican Republic
Egypt
Ethiopia
Hong Kong
India
Indonesia
Iran
Ireland
Israel
Japan
Kenya
Malaysia
Macau
Mexico
Morocco
Nepal
New Zealand
Peru
Philippines
Singapore
South Africa
South Korea
Taiwan
Tanzania
Tunisia
Turkey
Ukraine
United Arab Emirates
United Kingdom

Sorry MSNBC, I AM Dancing in the Street . . .

May 31, 2024May 31, 2024 Michael Matheron2 Comments

Yesterday, during MSNBC’s coverage of the Trump transformation from “first criminally indicted former president” to “first criminally convicted former president,” Jen Psaki – with the general agreement of the polite panel (except the always reliable Joy Reed) – advised viewers that she wasn’t about dancing in the street over the news of Trump’s 34 count conviction. Apparently, that would be too impolite and incivil. Being an aging baby boomer I am delighted by impolite, and a schadenfreude admirer regarding enemies of the state, so, I took a pass on Psaki’s advice. One needs to celebrate a victory, especially since Trump has for decades avoided such a comeuppance. So, here’s my attempt at schadenfreudish happy feet:

Trump Hush Money Trial Coverage, No. 01

April 15, 2024April 26, 2024 Michael Matheron2 Comments

Introduction: Media Causes Confusion

A rather sensible trial strategy may be pursued by Trump’s beleaguered lawyers in his hush money trial, just begun in New York City this morning with jury selection. No, not the obvious one: somehow convincing Trump to not take the stand in his own defense. The perhaps sensible idea has to do with the judge’s charge to the jury for their deliberations and an upcoming court discussion of what may actually be offered into evidence against Trump himself, for example, whether uncharged behavior in the present case can be used against Trump, like his comments about E. Jeanne Carroll, or about Judge Engoron that led to gag orders.

In this first of a series of posts, here’s a quick review of the basics first: Trump is charged with New York state law prohibiting falsifying business records, in this case, related to the so-called Stormy Daniels affair. In August 2018, Michael Cohen, Trump’s erstwhile “fixer,” pled guilty to federal crimes related to Trump’s case, although the federal charges differed, and importantly so, as they included two federal campaign finance violations. Today, Trump sat in court – and apparently nodded off – during day two of jury selection, which may take quite some time, consensus opinion is two weeks. Once the jury is impanelled, it’s off to the races with opening statements.

Due to confused and confusing media coverage, many misunderstand the resulting consensus media observation that this trial is primarily about simply falsifying business records related to a payoff to Stormy Daniels. This is why, I believe, so many believe the case is based on minor charges. Some ask, “So what, that he falsified records about a porn star payoff? “Where’s the huge crime that justifies indicting a former president so slight a matter?” The media reporting causes those questions to be not altogether ill-informed.

Confusion at Its Source

So, first, let’s attack confusion, and begin by looking at the New York statutes that underlie all 34 criminal charges. [All emphases added] (The two provisions below are from the New York Penal Laws and are set out in slightly different color blocks for reasons that will be clear later in this posting.)

§ 175.10 Falsifying business records in the first degree.
A person is guilty of falsifying business records in the first degree when he commits the crime of falsifying business records in the second degree, and when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof.

Falsifying business records in the first degree is a class E felony.

§ 175.05 Falsifying business records in the second degree.
A person is guilty of falsifying business records in the second degree when, with intent to defraud, he:
1. Makes or causes a false entry in the business records of an enterprise; or
2. Alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise; or
3. Omits to make a true entry in the business records of an enterprise in violation of a duty to do so which he knows to be imposed upon him by law or by the nature of his position; or
4. Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise.

Falsifying business records in the second degree is a class A misdemeanor.

Note that the grand jury indictment [See full text] that led to this trial alleged that Trump violated the first of the statutes listed above, NY Penal L § 175.10 (2022), the felony. Nowhere in the indictment was the second above listed misdemeanor statute mentioned, NY Penal L § 175.05 (2022). However, the possible interaction between these two provisions – felony vs. misdemeanor – has caused most of the confusion noted in the introductory section. And as you’ll see, it can be confusing, but not so much as the media has unfortunately made it, at times, appear.

Hopefully Not Making This More Confusing . . .

Section 175.10, in clause one provides: “A person is guilty of falsifying business records in the first degree when he commits the crime of falsifying business records in the second degree . . .” Note that § 175.10, which sets out a felony, references the text of § 175.05, the misdemeanor provision whose full text is set out above in the second colored block. So, consequently, to convict a defendant of the felony (§ 175.10), the prosecution must prove, by necessity, for any of the 34 charges against Trump, at least one of the four misdemeanor elements of § 175.05. And that’s just for starters. (The Statement of Facts [See full text] which was issued by the prosecution at the time of the indictment one-year sets out facts that rely mostly upon documentary evidence that should prove adequate to the first task under § 175.05, the misdemeanor which he is not directly charged with violating, which as we’ll see in a future posting as I watch court action as the issues develop over the week ahead.

Stay tuned for Trump Hush Money Trial Coverage, No. 02.