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PaperclipPerfector  11mo ago (text post)   28511 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."

It's not word salad. I think it's quite clear. If you know what "writing" is, and you know what it means to "keep or maintain" something, and you know what a "condition or activity" is (perhaps the most vague part of the definition, but still, these are very common ordinary words and it's easy to furnish many examples of conditions and activities), then you understand the definition.

The definition as written may lead to counterintuitive results. For example, if I'm the CEO of a company and I write on a post-it note "we have a lot of money" and I store that in my desk drawer in my office, then that is a piece of writing, and it is kept by the enterprise (on our premises, with security measures to prevent unauthorized access), and it does reflect a condition or activity (the condition of having a lot of money), so it appears that according to this definition, the post-it note would count as a business record. But being counterintuitive is not the same thing as being unclear.

It's not clear because it doesn't clarify the important question, which is: what are the documents Trump is being charged with falsifying? Tax records? Internal memos? Paystubs? Drafts for a contract? Transcripts? Post-it notes?

According to your interpretation, the government could prosecute you for writing on a post-it note in your office, determining that this is a business document, and then alleging that you lied when you wrote it. That's not clear at all!

Literal answer to your question: Trump is accused of falsifying the checks he wrote to his lawyer when he wrote on the checks that they were for legal expenses. He is also accused of falsifying his accounting books for his business when he recorded that the checks paid to his lawyer were for legal expenses.

Edit: sorry, above I said "accused" but the more factual thing now would be to say "convicted." My mind's having a hard time downloading the latest update.

How is payment for signing an NDA not actually legal expenses?

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