Trump's attempt to move his Manhattan trial to federal court handed Alvin Bragg a massive win
Donald Trump, Alvin Bragg (Trump photo by Mandel Ngan/AFP, Bragg photo by Alex Kemp/AFP)
August 14, 2023
Donald Trump's scramble to move his Manhattan tax fraud case to federal court not only failed but also handed District Attorney Alvin Bragg a massive win in the form of a ruling that lowers his burden of proof to convict the former president.
According to a report from the Daily Beast's Jose Pagliery, the embattled Trump sought to get his case away from being heard in front of New York Supreme Court Justice Juan Merchan in the belief that he won't get fair trial and when his appeal landed on the desk of U.S. District Judge Alvin K. Hellerstein he not only was shot down, Hellerstein went even further.
"At a hearing in June, an irascible U.S. District Judge Alvin K. Hellerstein rebuffed Trump’s plans, with the judge becoming increasingly exasperated the more he detailed the weird business arrangement between Trump and [former Trump attorney Michael] Cohen."
In particular, he was put off by Trump's assertion that the Cohen-assisted payoffs to adult star Stormy Daniels to keep quiet about their affair before the 2016 election was part of his presidential duties.
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In his ruling, he wrote, "Whatever the standard, and whether it is high or low, Trump fails to satisfy it. Trump has not explained how hiring and making payments to a personal attorney to handle personal affairs carries out a constitutional duty. 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,” he added.
That ruling, along with kicking the case back to state court, had the effect of making the point that, "the DA doesn’t even need to prove the underlying crimes that bump it up to felony status—like tax dodging or election fraud."
As he explained in his ruling, "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 [New York or federal election laws]. 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.”
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Former prosecutor John Moscow stated Hellerstein's ruling is, "... a seal of approval on the indictment,” before adding, "It’s critical. You don’t need to prove anything except an intention to aid or conceal a crime. Anyone who’s literate will understand that it’s a crime. 34 felonies!”
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