EX-PRESIDENT INDICTED

M

Mr._Clark

Audioholic Samurai
Since Trell (sniff) beat me to it on the Carroll case, I've attempted to find some new Trump legal news (this is not especially difficult). Low and behold, the Georgia case seems to be heating up, and an indictment might be in the works (I wouldn't expect a prosecutor to go to grand jury with weak evidence, but who knows?).

>>>The Georgia grand jury that is expected to consider charges against former President Donald Trump and his Republican allies for trying to overturn the 2020 election was sworn in Tuesday after a three-hour selection process in Atlanta. . . . A special grand jury previously heard testimony from 75 witnesses, including Trump advisers, his former attorneys, White House aides, and Georgia officials. That panel issued a redacted report with charging recommendations, which will soon be weighed by the new grand jury, potentially as soon as next month. . . . one of these panels is expected to be tasked later this summer with deciding whether to approve indictments in the Trump investigation.<<<


The Georgia case is potentially significant because Trump could not be pardoned by the next President if he were to be convicted for criminal violations of state laws.

Pardons in Georgia are determined by a five-member panel.


I suspect that convincing the board to grant a pardon might be difficult, but I will readily admit that I have no experience with it.
Trump just lost his bid to get the Georgia case tossed. It's worth emphasizing that it was a unanimous decision, and 8 of the 9 judges were appointed by Republicans.

>>>Finally, after delivering a concise bar review on the difference between expungement (retrospective relief!) and quashal (prospective relief!), the judges take a moment to shred the the supposedly precedential cases Trump’s lawyers cited in their petition. . . .

And PS, eight of the nine judges who signed onto this order are Republican appointees.<<<


I'm assuming the orange man baby will cry like, well, a baby about this.
 
Mikado463

Mikado463

Audioholic Spartan
Wesley Hunt, doing a little 'Grilling', Texas style !


Loved his reference to Hunter and 'glitter' !!!
 
M

Mr._Clark

Audioholic Samurai
A federal court just rejected Trumps' request to have the Stormy Daniels case moved to federal court.


The court order can be downloaded at courtlistener.com:


Trump argued that the case should be in federal court on the basis that he was a federal officer pursuant to 28 U.S. Code § 1442


From the opinion:


>>>Section 1442(a)(l) allows "officers ... of the United States" to remove a civil or criminal case brought against them in a state court, if the case
is "for or relating to any act [performed by or for them] under color of [their] office."<<< (under color of office basically means something a federal employee does as part of their job in the federal government, not personal acts like kicking one's dog while at home)

Basically, the court held that paying porn stars hush money is not part of the President's official duties as president and this statute does not apply.

The court also shot down various defenses raised by Trump, including the ever-popular Trump assertion that the prosecution was politically motivated:

>>>Trump argues that the indictment "is politically motivated" and is the product of
"state hostility," and is removable under "protective jurisdiction." Notice ,r 31. No case supports
Trump's argument; none has been cited and none has been found. . . .
Trump argues, citing Justice Brennan's concurrence in Mesa, that a federal officer
could remove a case from state court if he could show "local hostility to federal authority." Id. at
140. However, Trump has not shown such local hostility. Trump argues that a "politically
motivated" district attorney who "disfavored [Trump's] acts and policies as President" caused
the grand jury to indict. Notice ,r 31. Trump fails to show, however, that the grand jury lacked a
rational basis for the indictment
, or that there was "widespread resistance by state and local
governmental authorities to Acts of Congress and to decisions of [the Supreme] Court."<<<

That dog don't hunt in court.

My prediction: more crying from the orange man-baby.
 
M

Mr._Clark

Audioholic Samurai
Here's the text of the law:

>>>§ 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.<<<

The statute of limitations on second degree falsifying (a misdemeanor) has run so the prosecutor will need to show falsifying and "his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof."

. . .

There are two prime candidates for the second crime: 1) violation of state election laws, or 2) violation of federal election laws.

Simplifying for purposes of discussion, the arguments against these two possibilities are: 1) he was running for federal office which is not governed by state election laws, and 2) a state criminal action cannot be based on a violation of federal law because a state court has no power to decide a federal legal question.

I'm not saying these arguments will necessarily be successful, but the outcome is not clear.

. . .

In other words, Bragg will probably need to show that the falsification was done with the intent to violate a specific state election law, and that this specific state election law is not preempted by federal law.
Wow, now that I've read the court order in more detail, I have to say it's a pretty serious *ss kicking for Trump on a couple issues.

Here's what the court said about Trump's first defense:

>>>Trump first raises an immunity defense. . . . he argues that he is immune from prosecution
under the Supremacy Clause because his conduct "w[as] taken solely because he was President
of the United States" and, "[a]s such, [his] decision to retain Michael Cohen to act as his personal
lawyer arose out of his duties as President." . . . Reimbursing Cohen for advancing hush money
to Stephanie Clifford cannot be considered the performance of a constitutional duty. Falsifying
business records to hide such reimbursement, and to transform the reimbursement into a business
expense for Trump and income to Cohen, likewise does not relate to a presidential duty. Trump
is not immune from the People's prosecution in New York Supreme Court.
<<<

The federal judge also rejected Trump's preemption defense. From the court order:

>>>Trump . . . argues that the provision of NYPL § 175.10 that raises falsification of business records to a
felony if there is an intent to commit, aid, or conceal another crime is preempted if the crime involves federal
elections. But violations of PECA and NYEL § 17-152 are not elements of the crime charged.
The only elements are the falsification of business records, an intent to defraud, and an intent to
commit or conceal another crime. The People need not establish that Trump or any other person
actually violated NYEL § 17-152 or PECA. . . . the only "relevant actus reus . . . is the creation of a false entry in a
business record," which is "elevated to a first-degree offense on the basis of an enhanced intent
requirement .... ". . . Trump can be convicted of a felony even if he did not commit any crime
beyond the falsification, so long as he intended to do so or to conceal such a crime.
<<< (internal citations omitted)

That last sentence is a doozy.

My sense is that both federal and state court judges are getting fed up with Trump's antics.

The federal court order is in the context of deciding a jurisdictional issue (i.e. it's not a final determination of the substantive law), and it is not binding precedent on the NY state court. Nevertheless, I'd be shocked if a state court were to go the other way on this issue.

If he's convicted in NY state court for violation of state criminal laws, no President can pardon him.

Trump will still have defenses that can be raised at trial, but his odds of being convicted just went up significantly (obviously, that's just my opinion, no one has to agree with me)

Time for more crying by the orange man-baby.
 
TLS Guy

TLS Guy

Seriously, I have no life.
Trump is about to face an avalanche of charges in the next few days I suspect.
 
Swerd

Swerd

Audioholic Warlord
Today is Thursday, 20 July 2023. A former White House aide to Trump, William Russell is apparently appearing at the DC federal courthouse for a grand jury appearance.
An aide to Donald Trump was at a D.C. federal courthouse on Thursday for a grand jury appearance that is part of an investigation of the former president, as the Justice Department moves toward deciding whether to criminally charge Trump in connection with his efforts to subvert the results of the 2020 presidential election.

William Russell served in the White House as a special assistant and the deputy director of presidential advance operations and continued to work as a personal aide for Trump after Trump left office in January 2021. Russell was asked to appear Thursday after making prior grand jury appearances, according to people familiar with the matter, who like others interviewed for this article spoke on the condition of anonymity because of grand jury secrecy rules.
The Post printed this photo of someone outside the courthouse, to accompany the article. America is waiting for the other shoe to drop.
1689875969933.png
 
Swerd

Swerd

Audioholic Warlord
Also … of note among Washington football fans … today the NFL owners will vote to approve or disapprove the sale of the Washington Commodes. If they approve, all Washington will gladly say good bye to the hated Dangerous Dan Snyder.

It may be late July, but big stuff is happening.
 
davidscott

davidscott

Audioholic Spartan
Wow, now that I've read the court order in more detail, I have to say it's a pretty serious *ss kicking for Trump on a couple issues.

Here's what the court said about Trump's first defense:

>>>Trump first raises an immunity defense. . . . he argues that he is immune from prosecution
under the Supremacy Clause because his conduct "w[as] taken solely because he was President
of the United States" and, "[a]s such, [his] decision to retain Michael Cohen to act as his personal
lawyer arose out of his duties as President." . . . Reimbursing Cohen for advancing hush money
to Stephanie Clifford cannot be considered the performance of a constitutional duty. Falsifying
business records to hide such reimbursement, and to transform the reimbursement into a business
expense for Trump and income to Cohen, likewise does not relate to a presidential duty. Trump
is not immune from the People's prosecution in New York Supreme Court.
<<<

The federal judge also rejected Trump's preemption defense. From the court order:

>>>Trump . . . argues that the provision of NYPL § 175.10 that raises falsification of business records to a
felony if there is an intent to commit, aid, or conceal another crime is preempted if the crime involves federal
elections. But violations of PECA and NYEL § 17-152 are not elements of the crime charged.
The only elements are the falsification of business records, an intent to defraud, and an intent to
commit or conceal another crime. The People need not establish that Trump or any other person
actually violated NYEL § 17-152 or PECA. . . . the only "relevant actus reus . . . is the creation of a false entry in a
business record," which is "elevated to a first-degree offense on the basis of an enhanced intent
requirement .... ". . . Trump can be convicted of a felony even if he did not commit any crime
beyond the falsification, so long as he intended to do so or to conceal such a crime.
<<< (internal citations omitted)

That last sentence is a doozy.

My sense is that both federal and state court judges are getting fed up with Trump's antics.

The federal court order is in the context of deciding a jurisdictional issue (i.e. it's not a final determination of the substantive law), and it is not binding precedent on the NY state court. Nevertheless, I'd be shocked if a state court were to go the other way on this issue.

If he's convicted in NY state court for violation of state criminal laws, no President can pardon him.

Trump will still have defenses that can be raised at trial, but his odds of being convicted just went up significantly (obviously, that's just my opinion, no one has to agree with me)

Time for more crying by the orange man-baby.
Or Georga, Michigan, Arizona for that matter.
 
Swerd

Swerd

Audioholic Warlord
Also … of note among Washington football fans … today the NFL owners will vote to approve or disapprove the sale of the Washington Commodes. If they approve, all Washington will gladly say good bye to the hated Dangerous Dan Snyder.

It may be late July, but big stuff is happening.
This part of my dual wish just came true. The NFL has unanimously approved the sale of Dan Snyder’s Commodes.

What’s next?
 
Alex2507

Alex2507

Audioholic Slumlord
Try US$4.90 and you'll appreciate your gas prices.
Which gallon? Our gallon, right? We wouldn’t want to confuse the issue.

The standard up there should be called litres per Looney.
 
GO-NAD!

GO-NAD!

Audioholic Spartan
Which gallon? Our gallon, right? We wouldn’t want to confuse the issue.

The standard up there should be called litres per Looney.
Your gallon (3.79 litres). I try to keep it simple for the neighbours. ;)
 
wafflesstorm

wafflesstorm

Audiophyte
Wesley Hunt, doing a little 'Grilling', Texas style !

As a law student, I find this situation very interesting. I want to note that the https://essays.edubirdie.com/law-essay-writing website does excellent work on law, I sometimes use their services. I think I will ask them to write an analysis of this story for my next dissertation.
Loved his reference to Hunter and 'glitter' !!!
I’d like to shake that man’s hand for saying it the way it is
 
Last edited:
Trell

Trell

Audioholic Spartan
Very good news! Trump to be indicted for January 6 and related crimes.

1690475945960.png


 
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