Appeals court will overturn verdict
The underlying crime, falsifying business records, under New York state law was a misdemeanor which had expired under the statute of limitations. To turn it into a felony within the statute of limitations, prosecutors had to prove Trump falsified the records in order to impact his election constituting a federal election felony. The problem: Federal authorities have not prosecuted Trump for a federal election crime. State prosecutors have no jurisdiction over federal election law.
New York prosecutors cannot create a new crime by combining a state crime that had expired beyond the statute of limitations with a federal crime beyond the jurisdiction of state prosecutors to concoct a new crime. An appellate court will see through this and reverse any conviction resulting from it.
Adding to the legal problems with the prosecution’s case, there are also factual weaknesses. Prosecutors had to prove Trump authorized hush money as legal expenses and proving Trump knowingly used hush money as legal expenses to help get elected as opposed to avoid embarrassment to his wife and children or losses to his business In the end this is selective prosecution and weaponization of the criminal justice system.
Trump is also being prosecuted for retaining classified document while retention of “classified documents” by Biden, Mike Pence and Hillary Clinton on her email, server which she had ‘acid washed’ and then physically destroyed to prevent detection were selectively ignored for Prosecution reflecting DOJ and FBI weaponization of the justice system. This will come back to haunt those who seek selective prosecution and weaponization of the justice system.
Daniel W. Burke
Schaumburg