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Trump's Conviction and the 6th Amendment.

Clizby Wampuscat

Well-Known Member
From the first link in that post:

"TRUMP is charged in a New York State Supreme Court indictment with 34 counts of Falsifying Business Records in the First Degree."
Ok, what was the crime he intended to commit or conceal?

§ 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.
 

Wandering Monk

Well-Known Member
Ok, what was the crime he intended to commit or conceal?

§ 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.
Have you read the judge's charge to the jury?
 

SkepticThinker

Veteran Member
F
Gotta keep that tiny little doubt there to maintain beliefs.
Kick the can down the road.
Why do today that which you can put off till tomorrow.
Somewhere over the rainbow.
What if?
What if?
What if?

What is it with these people?
Facing reality is hard stuff.
 

Wandering Monk

Well-Known Member
So which crime did the jury convict him of? Not what theories Bragg told them to consider.

What was the crime Trump was convicted of?

What was the crime Trump was convicted of?

What was the crime Trump was convicted of?

What was the crime Trump was convicted of?

What was the crime Trump was convicted of?

This is all I want to know right now. Can you tell me? One sentence is all you need.
In those instructions, Justice Merchan explained that under New York state law, falsifying business records is a felony only when it is done to conceal a second crime.
Prosecutors say that Mr. Trump falsified records to conceal a violation of a little-known state election law — Section 17-152 — that forbids conspiracies “to promote or prevent” a person’s election “by unlawful means.”
Justice Merchan made clear that the “unlawful means” mentioned in the election law could include violations of any of three other measures: a federal law governing election contributions, a state law governing false business records or tax laws, including those at a state or federal level.
Justice Merchan then said that while the jury would have to “conclude unanimously” that Mr. Trump had violated Section 17-152 to find Mr. Trump guilty, they did not have to be unanimous about the “unlawful means” that were used.

In other words, the jurors did not have to agree on which of the three other laws had been violated as he conspired to win election. The judge’s instruction is consistent with case law on the topic.

 

Subduction Zone

Veteran Member
That's why I think it's suspect. All convictions are across the board? Every one of them? Not a single not guilty anywhere to be found? That's really weird.

Has that ever happened anywhere else in other cases involving dozens of charges aside from despot countries where the conviction is completely and ultimately across the board?

I'll accept the appeal though once it concludes.
`Have you considered the possibility that the lawyers from both sides did a good job of picking a jury and that there were no dishonest fools on it? One thing that was mentioned multiple times is that the jury paid attention throughout the entire trial. The appeared to want to find the truth. The fact that even Trump's witness made it obvious that Trump was guilty made it rather easy for them.
 

F1fan

Veteran Member
So which crime did the jury convict him of? Not what theories Bragg told them to consider.
Crime? Crimes, all 34 counts.
What was the crime Trump was convicted of?

What was the crime Trump was convicted of?

What was the crime Trump was convicted of?

What was the crime Trump was convicted of?

What was the crime Trump was convicted of?

This is all I want to know right now. Can you tell me? One sentence is all you need.
It's readily available if you are curious. All 34 counts. Read up on the matter if you are so oblivious to the facts. I'm not here to argue that Trump was found guilty by a jury of all 34 counts, that is a fact. There's nothing to dispute. If you aren't informed on the crimes, then that is your liability, not the jurors who convicted Trump. They listened to the prosecution and the defense, and the prosecution made their case 100%.
 

It Aint Necessarily So

Veteran Member
Premium Member
I don't see a lot of evidence that MAGA-besotted voters understand how our government works
I think they don't care. They know what they want and that's all the thinking they do. These people have no commitment to America, just their tribe. They don't mind that Trump committed crimes against America because they care about him more. They seem to care about America not at all. They don't cherish the Constitution (especially the separation of powers), democracy, the sanctity of elections, the rule of law or the sanctity of the court system, or church-state separation. How do they differ from Putin or the Taliban in that regard?
All convictions are across the board? Every one of them? Not a single not guilty anywhere to be found? That's really weird.
It looks like the hush money was repaid in eleven payments, For which we have eleven invoices, eleven cancelled checks, and twelve vouchers. That's 34 documents. They were all produced as evidence. So, it's reasonable to expect that anybody who considered any one of these a crime would consider them all crimes. Personally, I only see one crime here, but I'm not an attorney.

1717512124422.png

Trump was convicted of 34 felonies that have a max sentencing of 100+ years in jail with the defendant not knowing what crime he was convicted of.
Whose fault is that? Either Trump's or his attorney's. He was convicted of falsifying business records to cover up a second crime. That's the answer to Trump's question.
They were told they could differ on what the secondary crime was.
I understand that like you, he insists on the jury being unanimous about what that second crime was, but that's not how the law reads. He wasn't charged with the second crime, so the jury didn't need to be unanimous about what it was.
What was the crime Trump was convicted of?
As I understand it, the principal crime was falsifying financial records (misdemeanor) in furtherance of a second crime (elevates it to felony), which included such things as campaign finance crimes and election interference (catch-and-kill). Read more here if you like.
 

Clizby Wampuscat

Well-Known Member
"Trump was charged with 34 counts of falsification of business records in the first degree, which is a felony in New York." [source]
I ask again what was the crime he was trying to commit or conceal by falsifying the records?

§ 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.
 

SkepticThinker

Veteran Member
Am I the only one who finds it amusing that Trump supporters don't seem to have any idea whatsoever what he's been charged with or convicted of (and don't believe it, anyway) while simultaneously not having any idea how the justice system works?

I don't know if amusing is the right word ... alarming maybe. I don't know.
 

F1fan

Veteran Member
Am I the only one who finds it amusing that Trump supporters don't seem to have any idea whatsoever what he's been charged with or convicted of (and don't believe it, anyway) while simultaneously not having any idea how the justice system works?

I don't know if amusing is the right word ... alarming maybe. I don't know.
It's like they are trying to make sense of a 1000 piece puzzle a few pieces at a time. "These five pieces don't make sense to me." Yeah, you have to look at the all the pieces set in place, and then they can make sense of it. Of course they have a subconscious reason to not look at the whole picture, as if being confused doesn't make them look foolish.
 

Clizby Wampuscat

Well-Known Member
In those instructions, Justice Merchan explained that under New York state law, falsifying business records is a felony only when it is done to conceal a second crime.
Prosecutors say that Mr. Trump falsified records to conceal a violation of a little-known state election law — Section 17-152 — that forbids conspiracies “to promote or prevent” a person’s election “by unlawful means.”
Justice Merchan made clear that the “unlawful means” mentioned in the election law could include violations of any of three other measures: a federal law governing election contributions, a state law governing false business records or tax laws, including those at a state or federal level.
Justice Merchan then said that while the jury would have to “conclude unanimously” that Mr. Trump had violated Section 17-152 to find Mr. Trump guilty, they did not have to be unanimous about the “unlawful means” that were used.

In other words, the jurors did not have to agree on which of the three other laws had been violated as he conspired to win election. The judge’s instruction is consistent with case law on the topic.

Ok, so which of the three unlawful means did he use? Trump does not know what means he was convicted of using. That is a problem no matter what the judge said. Why do you think that is ok?
 

Spice

StewardshipPeaceIntergityCommunityEquality
So what was it?
Considering the questions and testimony reread request sent back to the judge from the deliberation room, I would say that the crime that upheld the falsification of records crime from misdemeanor to felony would probably have been:

ELECTION INTERFERENCE​

DEFINITION: Any attempt to alter the outcome of an election through nefarious means, such as fraud, voter intimidation or efforts to overturn the outcome of a race.

EXAMPLE: Prosecutors allege the hush money scheme amounted to election interference because it involved a concerted effort to hide important information from voters in order to boost Trump’s chances in the 2016 race.

Not only was the National Enquirer acting as the “eyes and ears” of Trump’s campaign, identifying negative stories so they could be suppressed, Pecker testified that the tabloid, at Cohen’s behest, printed stories that tarred Trump’s opponents. It also published stories that boosted Trump’s image.


And this crime ties neatly into conspiracy as it took a team of willing participants to to "taint" the tabloid publication in the direction Trump negotiated with Pecker.

Your personal insistence in a definitive result by each jury member is a perfect example as to why the judge would have made the legal decision the felony point in the instructions only had to be unanimous in that at least one of the tie-in crimes was committed. Would you feel better if you knew for certain that it was unanimous that all tie-in crimes were found guilty? It's possible! But not necessary.
 

Twilight Hue

Twilight, not bright nor dark, good nor bad.
Am I the only one who finds it amusing that Trump supporters don't seem to have any idea whatsoever what he's been charged with or convicted of (and don't believe it, anyway) while simultaneously not having any idea how the justice system works?

I don't know if amusing is the right word ... alarming maybe. I don't know.
I think Trump supporters know precisely how it works , and there's a word for it that meets the definition of lawfare.
 

Clizby Wampuscat

Well-Known Member
That's how the law works there. Why are you opposed to equal justice? Should Trump be treated differently than others convicted under this law?
No, but who else has been convicted with this law theory?

Also, do you honestly think Bragg would have indicted Biden of the same crime if he had the same evidence?
 

Clizby Wampuscat

Well-Known Member
Considering the questions and testimony reread request sent back to the judge from the deliberation room, I would say that the crime that upheld the falsification of records crime from misdemeanor to felony would probably have been:

ELECTION INTERFERENCE​

DEFINITION: Any attempt to alter the outcome of an election through nefarious means, such as fraud, voter intimidation or efforts to overturn the outcome of a race.

EXAMPLE: Prosecutors allege the hush money scheme amounted to election interference because it involved a concerted effort to hide important information from voters in order to boost Trump’s chances in the 2016 race.

Not only was the National Enquirer acting as the “eyes and ears” of Trump’s campaign, identifying negative stories so they could be suppressed, Pecker testified that the tabloid, at Cohen’s behest, printed stories that tarred Trump’s opponents. It also published stories that boosted Trump’s image.


And this crime ties neatly into conspiracy as it took a team of willing participants to to "taint" the tabloid publication in the direction Trump negotiated with Pecker.

Your personal insistence in a definitive result by each jury member is a perfect example as to why the judge would have made the legal decision the felony point in the instructions only had to be unanimous in that at least one of the tie-in crimes was committed. Would you feel better if you knew for certain that it was unanimous that all tie-in crimes were found guilty? It's possible! But not necessary.
If I was the accused I would want to know by which means I was convicted.
 
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