SkyBlueFlux
Well-Known Member
Assuming there is no rogue juror, a conviction on the accounts misdemeanour is likely. The harder charge to prove is the felony that it was done to affect the election. Punishment on the misdemeanour is likely a fine, but the felony carries serious prison time.
I’ve been reading some slightly nobby legal arguments (based on my limited understanding, not a lawyer).
Apparently, the major challenge with this prosecution is again about the limits of state power. Basically the “misdemeanour” of falsifying business records is a law at the state level, as is the law of conspiracy.
The complication is that the conspiracy law states the charges rise to a felony if the fraud was conducted in furtherance to some other crime. That crime, the one it is in furtherance of in this instance, is a federal campaign law violation, indeed the ones Cohen pled guilty to in a federal court.
So you have a state charge, underpinned by a state charge in which to be found guilty another crime needs to be shown and that crime is a federal one. The big issue is not that Trump is innocent of that federal crime, it’s that the DoJ have declined to indict him at the federal level.
All of this, though, is a matter of debate which already happened in pre-trial motions. It seems likely that the jury will not be asked to worry about this element as it is distinctly technical, they will judge whether the crimes have been committed prima facie, and the question of potential state overreach will be left to an appellate court. That means this trial could well not be fully resolved for a long time to come.
Edit: I should add, we haven’t actually heard the prosecutorial arguments yet so there is a certain amount of speculation above regarding which laws/statutes will be involved.