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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.
https://www.nysenate.gov/legislation/laws/PEN/175.10
Post-Summation Instructions PDF
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.
Nope.
An inaccurate business record recorded with innocent intent (eg as a joke or by mistake) is not a crime.
An inaccurate business record recorded with intent to defraud is a misdemeanor.
An inaccurate business record recorded with intent to defraud in the furtherance of another crime is a felony.
You are not a felon because you put a joke on a venmo.
Who did he defraud?
Ok so I am a felon too like Trump. I’ve sent mislabeled Venmo’s because I did not want Venmo to know what I’m doing.
So, how does New York State law define the “intent to defraud” for the criminal offense of falsifying business records? A long line of New York state court cases supports an expansive conception with respect to § 175.00 crimes – namely, that intent can be established when a defendant acts “for the purpose of frustrating the State’s power” to “faithfully carry out its own law.” People v. Kase, 76 A.D.2d 532, 537–538, 431 N.Y.S.2d 531, 534 (N.Y. App. Div., 1st Dept. 1980), aff’d, 53 N.Y.2d 989, 441 N.Y.S.2d 671, 424 N.E.2d 558 (1981).
Trump acted with intent to defraud the state of New York by frustrating its power to faithfully carry out its own law.
You did not mislabel your Venmos (as far as I know) with the intent of preventing the state of New York from executing its law, so you are not guilty of falsification of business records (assuming your Venmos are even business transactions).
This is nonsense -- you could argue that any mislabeled record was mislabeled with "intent to defraud the state". That's what makes this egregious: the crime Trump is charged with isn't a crime unless you investigate it as though it is a crime!
You can argue anything. Proving intent beyond a reasonable doubt is however a fairly high bar to clear.
Not when the jury and judge are stacked against you!
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