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Notes -
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).
Where is the evidence that Trump was thinking about NY executing its own laws? If you don’t need scienter, then you’ve eliminated intent from the statute.
I believe the law in question is Any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means and which conspiracy is acted upon by one or more of the parties thereto, shall be guilty of a misdemeanor.
So to break it down my understanding (which could be wrong, I'm just some bloke on the other side of the world who isn't even a lawyer) of how the technical legal theory of the case works is:
Or if you're just making the narrow point of asking how the court could know his state of mind, I think the standard rule is that a jury is allowed to infer that a person intended the reasonably foreseeable consequences of their actions.
I think you're making good and accurate points and it's a shame you're getting downvoted. But there's one point I disagree on.
I don't think this should actually be considered a crime. As I understand it, Cohen pled guilty to it. I think that was part of a plea deal and he just took it because the way plea deals work is that he wouldn't actually receive a better outcome by trying to insist that one, but only one, of the things he was being charged with was false.
But looking at the actual law, the idea that concealing information which could damage Trump's campaign is a campaign contribution is silly. If you're that loose with the standards, practically anything would be a campaign contribution.
I agree that it's kind of a dumb standard to have, but it appears to be the one that exists. If these same events had occurred in Australia the NDA payment would have clearly fallen outside the definition of "electoral expenditure", and this is one of many areas where I think Australian law is better than American law. But Trump is an American, and he has to follow American law.
I don't think that's normally how American law is applied, but admittedly I don't know much about it. But where most people seem to blame an anti-Trump conspiracy, I blame him for losing his case. He intimidated witnesses on social media, so the judge gave him a gag order, then he violated the gag order repeatedly. He didn't stand for the jury like the rest of the court. He's been terrible to many previous lawyers so he was pulling from the bottom of the barrel for his defense.
I think Trump deserved to be proclaimed Not Guilty. But the adversarial legal system is designed around the defendant actually putting a half decent effort into defending themselves. I can sympathize with all the poor folk out there who don't understand what the legal system expects them to do and get screwed on that front, but I have no sympathy for a billionaire. If Trump wasn't a narcissist, I think he could've won the trial.
I'm open to being corrected, but as far as I can tell, it is. It's the standard that's laid out in the legislation, and as far as I know there's no case law on the books saying that those particular words don't mean what they appear to mean. The legal podcasts I listen to (Prosecuting Donald Trump, Serious Trouble) have asserted that's the standard that applies (and sure, I'm willing to buy that e.g. Andrew Weissman is biased against Trump, but I don't buy that he's intentionally misrepresenting what the law is). None of the lawyers I've seen arguing against the verdict have raised the definition of "campaign expenditure" as incorrectly applied (e.g. Steve Calabresi argues that campaign finance limits on hush money payments are unconstitutional, but he doesn't dispute that the statute purports to limit them).
I think you've persisted in not addressing what Brad Smith has said, which is exactly that the definition of "campaign expenditure" was incorrectly applied.
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