MSNBC legal analyst Lisa Rubin went deep into the sealed documents Manhattan District Attorney Alvin Bragg is using to argue for keeping his case against former President Donald Trump in state jurisdiction — and uncovered what some of that evidence may be.
The case centers on dozens of felony charges of bookkeeping fraud, stemming from falsified records connected to the former president's alleged $130,000 hush payment to adult film star Stormy Daniels, facilitated through his old personal attorney Michael Cohen. Charging as a felony requires that Trump was committing the fraud in order to conceal another, underlying crime; Bragg has not specified publicly what crime that is; but some legal experts have speculated it could involve tax crimes.
Rubin, who posted her analysis on Twitter Tuesday, was covering a hearing in which Trump's legal team sought to remove the case to federal court — a legal gambit that would theoretically tie up the case for years as it works its way through the federal process.
"In their memo of law, the context makes clear what kind of materials the DA's office has shared. One of the sealed exhibits appears to be a $130k check from Cohen's shell company to Stormy Daniels, for instance," wrote Rubin. "Others include Cohen's sham invoices for his 'services;' the Trump Org.'s electronic accounting records reflecting each payment to Cohen; and 11 checks to Cohen, 9 of which were from Trump's personal bank account and signed by him."
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"And perhaps most damning, the sealed exhibits appear to include proof Trump paid 'other personal & other unofficial expenditures in 2017' from his same personal bank account," continued Rubin.
Trump previously used removal to federal court as a delay tactic in the E. Jean Carroll rape and defamation lawsuit, dragging the process out for years. His rationale is that the alleged offenses were committed while he was President of the United States. However, noted Rubin, "Alvin Bragg's team disputes removal is appropriate. Trump isn't a federal officer any longer. Moreover, the hush money payments and the related business records had no relation to his duties as president. So today, they filed their own motion for remand."
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