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PaperclipPerfector  11mo ago (text post)   28514 thread views

Culture War Roundup for the week of May 27, 2024

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Breaking news. It looks like the jury convicted Donald Trump in the "hush money" case.

This verdict will likely galvanize voters come November – leading to record turnout among Republicans. I might even vote for the old rascal myself as I view this lawfare as both morally wrong and deeply destabilizing.

To make a prediction closer to home, we're now certain to cross 1000 posts on the weekly thread.

I'm after a summary of summaries, seeing if I've got it roughly right. Bolding done by me.

SECTION 175.10 Falsifying business records in the first degree Penal (PEN) CHAPTER 40, PART 3, TITLE K, ARTICLE 175 § 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.

https://www.nysenate.gov/legislation/laws/PEN/175.10

Post-Summation Instructions PDF

Although you must conclude unanimously that the defendant conspired to promote or prevent the election of any person to a public office by unlawful means, you need not be unanimous as to what those unlawful means were.

In determining whether the defendant conspired to promote or prevent the election of any person to a public office by unlawful means, you may consider the following: (1) violations of the Federal Election Campaign Act otherwise known as FECA; (2) the falsification of other business records; or (3) violation of tax laws.

Is Trump now convicted of all or some combination of 1, 2 or 3?

Can some one define business records? I have no idea what they are referring to.

There are different levels of business records. Tax returns? Thing you submitted to investors. Internal things you filled out for accounting of a private enterprise? Bullshit compliance stuff for a corporate job where you just pick something?

Small businesses often have really shitty internal accounting.

Am I a felon because I put some joke on a venmo.

From the jury instructions:

BUSINESS RECORD means any writing or article, including computer data or a computer program, kept or maintained by an enterprise for the purpose of evidencing or reflecting its condition or activity

Sheesh. Was that written by Kamala Harris? There is no way a jury of normal Americans could parse that word salad.

Let's be honest. The judge could have said anything. The jury heard this: "You think Donald Trump bad guy? Say yes if you think bad guy."

That is in fact, how laws have to be written - very specifically. I don't doubt that if it wasn't, you'd complain it was too vague - everyday language often is!

I'm not sure the definition of Business Record is very specific or useful since it seems to qualify nearly any piece of data in any equipment or file held by the business.

Based on this definition even messages on Slack or Teams between employees joking about how their manager looks could be argued to qualify as a business record.

I don't think jokes about the managers appearance on Slack would be kept or maintained for the purpose of evidencing the company's condition or activity.

Having said that, yes, many legal definitions are intentionally very broad.

I’m not sure the definition of Business Record is very specific or useful since it seems to qualify nearly any piece of data in any equipment or file held by the business.

That was probably the intent - which in turn makes the definition very useful, to the relevant government authorities.

Yes, that's the idea every document someone working for a business creates is probably a business record.

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