{"id":568997,"date":"2023-04-05T22:58:24","date_gmt":"2023-04-05T19:58:24","guid":{"rendered":"https:\/\/en.buradabiliyorum.com\/while-pinning-trump-case-to-campaign-laws-bragg-eyes-a-backup-plan\/"},"modified":"2023-04-05T22:58:24","modified_gmt":"2023-04-05T19:58:24","slug":"while-pinning-trump-case-to-campaign-laws-bragg-eyes-a-backup-plan","status":"publish","type":"post","link":"https:\/\/buradabiliyorum.com\/en\/while-pinning-trump-case-to-campaign-laws-bragg-eyes-a-backup-plan\/","title":{"rendered":"#While pinning Trump case to campaign laws, Bragg eyes a backup plan"},"content":{"rendered":"<div>\n<p>The much-awaited charges against Donald Trump show Manhattan District Attorney Alvin Bragg (D) plans to largely rest on campaign laws to prosecute the former president for obscuring his reimbursement of hush money payments.<\/p>\n<p>But sprinkled into charging documents and public statements from Bragg are references to tax law violations \u2014 a sign New York prosecutors may be hedging their bets by bringing a broader\u00a0case against the former president.<\/p>\n<aside class=\"ad-unit ad-unit--mr1_ab\"><\/aside>\n<p>Trump was charged on 34 felony counts during his arraignment Tuesday, each stemming from an arrangement Trump made with fixer Michael Cohen after he\u00a0made a $130,000 payment\u00a0to adult film star Stormy Daniels.<\/p>\n<p>The case is built on falsification of business records charges, with prosecutors arguing the \u201cunlawful scheme\u201d violated election laws.<\/p>\n<p>\u201cThe defendant orchestrated a scheme with others to influence the 2016 presidential election by identifying and purchasing negative information about him to suppress its publication and benefit the defendant\u2019s electoral prospects,\u201d Bragg\u2019s office wrote in a statement of facts accompanying the bare bones indictment.<\/p>\n<p>Hush money payments are not illegal, but when Trump reimbursed Cohen for the payoff, the funds were characterized as legal expenses.<\/p>\n<p>Falsifying business records is a misdemeanor under New York law, one that can be bumped to a felony when done to obscure another crime.<\/p>\n<p>The financial crimes that serve as the underlying basis for Trump\u2019s prosecution are what Bragg referred to as the \u201cbread and butter\u201d of his office, located in the financial capital of the world.<\/p>\n<aside class=\"ad-unit ad-unit--mr2_ab\"><\/aside>\n<p>But in hanging much of the case on election laws, Bragg delves into more complex territory, one that requires demonstrating the payments were made in an effort to influence the election as well as gr<a href=\"https:\/\/buradabiliyorum.com\/en\/category\/download-scripts-themes-apps\/\" data-internallinksmanager029f6b8e52c=\"9\" title=\"Download Scripts &amp; Themes &amp; Apps\" target=\"_blank\" rel=\"noopener\">app<\/a>ling with Trump\u2019s status as a federal candidate in the state-level prosecution.<\/p>\n<p>Bragg outlined two voting statutes he alleges Trump violated.<\/p>\n<p>\u201cThe scheme violated New York election law, which makes it a crime to conspire to promote a candidacy by unlawful means. The $130,000 wire payment exceeded the federal campaign contribution cap,\u201d he said.<\/p>\n<aside class=\"ad-unit ad-unit--mr3_ab\"><\/aside>\n<p>Bragg\u2019s choice of state law is a telling one. In choosing that statute, the prosecutor sidestepped other options under New York law, including those dealing with state campaign finance violations that may have problematic language when it comes to dealing with a federal candidate.<\/p>\n<p>Meanwhile, exceeding campaign contribution limits, a federal crime, is the same crime Cohen pleaded guilty to, one that will require showing the spending was done to influence the election.<\/p>\n<p>Trump\u2019s attorneys have already begun to counter both.<\/p>\n<aside class=\"ad-unit ad-unit--mr4_ab\"><\/aside>\n<figure class=\"wp-block-image size-large\"><img decoding=\"async\" loading=\"lazy\" width=\"1400\" height=\"787\" src=\"https:\/\/thehill.com\/wp-content\/uploads\/sites\/2\/2023\/04\/BLANCHE040423_AP.jpg?w=900\" alt=\"\" class=\"wp-image-3936268\" srcset=\"https:\/\/thehill.com\/wp-content\/uploads\/sites\/2\/2023\/04\/BLANCHE040423_AP.jpg 1400w, https:\/\/thehill.com\/wp-content\/uploads\/sites\/2\/2023\/04\/BLANCHE040423_AP.jpg?resize=160,90 160w, https:\/\/thehill.com\/wp-content\/uploads\/sites\/2\/2023\/04\/BLANCHE040423_AP.jpg?resize=300,169 300w, https:\/\/thehill.com\/wp-content\/uploads\/sites\/2\/2023\/04\/BLANCHE040423_AP.jpg?resize=768,432 768w, https:\/\/thehill.com\/wp-content\/uploads\/sites\/2\/2023\/04\/BLANCHE040423_AP.jpg?resize=1280,720 1280w, https:\/\/thehill.com\/wp-content\/uploads\/sites\/2\/2023\/04\/BLANCHE040423_AP.jpg?resize=645,363 645w, https:\/\/thehill.com\/wp-content\/uploads\/sites\/2\/2023\/04\/BLANCHE040423_AP.jpg?resize=320,180 320w, https:\/\/thehill.com\/wp-content\/uploads\/sites\/2\/2023\/04\/BLANCHE040423_AP.jpg?resize=256,144 256w, https:\/\/thehill.com\/wp-content\/uploads\/sites\/2\/2023\/04\/BLANCHE040423_AP.jpg?resize=512,288 512w, https:\/\/thehill.com\/wp-content\/uploads\/sites\/2\/2023\/04\/BLANCHE040423_AP.jpg?resize=640,360 640w, https:\/\/thehill.com\/wp-content\/uploads\/sites\/2\/2023\/04\/BLANCHE040423_AP.jpg?resize=876,492 876w, https:\/\/thehill.com\/wp-content\/uploads\/sites\/2\/2023\/04\/BLANCHE040423_AP.jpg?resize=960,540 960w, https:\/\/thehill.com\/wp-content\/uploads\/sites\/2\/2023\/04\/BLANCHE040423_AP.jpg?resize=50,28 50w\" sizes=\"auto, (max-width: 899px) 100vw, 876px\"><figcaption class=\"wp-element-caption\"><em><sub>Todd Blanche, defense attorney for former President Trump, leaves Manhattan criminal court April 4 in New York. Trump appeared in a New York City courtroom on charges related to falsifying business records in a hush money investigation, the first president ever to be charged with a crime. (AP Photo\/Yuki Iwamura)<\/sub><\/em><\/figcaption><\/figure>\n<p>They\u2019ve argued the payout to Daniels via Cohen was not to win the election, but rather save Trump\u2019s marriage by burying the story of a sexual encounter he denies.\u00a0And they\u2019ve said that the state doesn\u2019t have the power to prosecute Trump, a federal candidate, on either state or federal charges, asserting that such charges would have to come from a federal prosecutor.<\/p>\n<p>\u201cWe\u2019re not going to get to a jury\u2026 I think this case is going to fall on its merits, on legal challenges well before we get to a jury,\u201d Trump attorney Joe Tacopina said in a Wednesday morning interview on NBC <a href=\"https:\/\/buradabiliyorum.com\/en\/category\/news\/\" data-internallinksmanager029f6b8e52c=\"2\" title=\"News\" target=\"_blank\" rel=\"noopener\">News<\/a>.<\/p>\n<p>Bragg does appear to have evidence Trump saw the payout through the lens of the election. Trump allegedly told Cohen, according to paraphrasing of the conversation detailed in court documents, that \u201cif they could delay the payment until after the election, they could avoid paying altogether, because at that point it would not matter if the story became public.\u201d<\/p>\n<aside class=\"ad-unit ad-unit--mr5_ab\"><\/aside>\n<p>Norm Eisen, counsel for Democrats in Trump\u2019s first impeachment, has encouraged Bragg to bring charges under both federal and state election laws.<\/p>\n<p>\u201cLook, it can\u2019t be that Donald Trump lives in some special universe when neither state nor federal campaign law applies to him. It has to be that one or the other applies, and I don\u2019t think that a judge is going to buy into that Catch-22,\u201d he told The Hill.<\/p>\n<p>But Bragg implied there may be more charges to the case.<\/p>\n<aside class=\"ad-unit ad-unit--mr6_ab\"><\/aside>\n<p>The statement of facts notes that Trump\u2019s organization inflated payments to Cohen to account for the taxes the fixer would have to pay on what was being reported as income rather than a reimbursement.\u00a0<\/p>\n<p>\u201cIf Trump knows about that, was aware of that, and approved of the falsification of the records in order to conceal the hush money payments and in order to allow Michael Cohen to get a full repayment for the hush money payments he had made, then the tax violation here \u2014 offering a false instrument for filing \u2014 is in fact one of the crimes that is being covered up through the falsification of business records,\u201d said Josh Stanton, an attorney with Perry Guha who has penned analyses of Bragg\u2019s case.\u00a0<\/p>\n<p>The documents say Trump and others \u201cmischaracterized, for tax purposes, the true nature of the payments made in furtherance of the scheme,\u201d but when asked to elaborate, Bragg declined.<\/p>\n<aside class=\"ad-unit ad-unit--mr7_ab\"><\/aside>\n<p>\u201cI\u2019m not going to go beyond the plain language in the statement of facts, we think it speaks for itself,\u201d he said in a press conference with reporters just after Trump\u2019s arraignment concluded.<\/p>\n<p>Eisen said the tax statute does give Bragg additional options as he builds his case. Attorneys aren\u2019t expected in court again until December on the matter.<\/p>\n<p>\u201cThe DA is notifying Trump and all of us this may be an issue that he will litigate at trial. You know, it\u2019s very common for prosecutors to cast a broad net and then to focus in on their case,\u201d Eisen said.<\/p>\n<p>\u201cThink of it this way. There\u2019s two campaign finance [violations]. There\u2019s state campaign finance violations; federal campaign finance violations \u2014 that\u2019s belt and suspenders. This is an additional possibility. Think of it as belt, suspenders, and duct tape. He\u2019s taking no chances on holding up his case, and there\u2019s nothing wrong with that.\u201d<\/p>\n<p>Trump on Tuesday pleaded not guilty on all 34 counts, but it\u2019s still not entirely clear what charges Bragg plans to bring.<\/p>\n<p>Trump\u2019s attorneys must file a bill of particulars in order to get the full scope of Bragg\u2019s claims.<\/p>\n<p>\u201cThey do not have to specify the crime at this juncture; they will have to down the road. And the best way to read the sprinkling of the reference to potential tax violation is that they are clearly reserving the right to use that state tax statute as a third way of elevating what would ordinarily be a misdemeanor into a felony,\u201d said Jeff Robbins, a former prosecutor now in private practice.<\/p>\n<p>The dozens of charges reflect each of the checks that Trump signed to Cohen, at least nine of which he signed directly.\u00a0<\/p>\n<p>Stanton noted it\u2019s not unusual for prosecutors to hold back on some elements of their case.<\/p>\n<p>\u201cThis is a lot of counts, but it\u2019s really a simple indictment: Trump is charged with falsifying business records in his repayments to Michael Cohen through 11 checks in 2017, including\u00a0nine\u00a0he signed personally,\u201d he said.\u00a0<\/p>\n<p>\u201cThe detailed Statement of Facts makes plain that Bragg is pursuing both campaign finance violations, as well as tax offenses to bump up the charges to felonies. He need not say that outright in the indictment. Indeed, that\u2019s normal.\u201d\u00a0<\/p>\n<p><em>Updated at 5:36 p.m.<\/em><\/p>\n<\/div>\n<p>Copyright 2023 Nexstar <a href=\"https:\/\/buradabiliyorum.com\/en\/category\/social-mediaa\/\" data-internallinksmanager029f6b8e52c=\"1\" title=\"Social Media\" target=\"_blank\" rel=\"noopener\">Media<\/a> Inc. All rights reserved. This material may not be published, broadcast, rewritten, or redistributed.<\/p>\n<blockquote><p><strong><span style=\"color: #ff6600;\">If you liked the article, do not forget to share it with your friends. 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But sprinkled into charging documents and public statements from Bragg are references to tax law violations \u2014 a sign New York prosecutors&#8230;<\/p>\n","protected":false},"author":1,"featured_media":568998,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"fifu_image_url":"https:\/\/thehill.com\/wp-content\/uploads\/sites\/2\/2023\/04\/BRAGG040423_AP.jpg?w=1280","fifu_image_alt":"","footnotes":""},"categories":[70897],"tags":[123566,139252,134418,139529,4941,80445,70857,4953,115,134345,74603],"class_list":["post-568997","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-news","tag-alvin-bragg","tag-business-economy","tag-congress-blog","tag-defense-national-security","tag-donald-trump","tag-healthcare","tag-michael-cohen","tag-new-york-city","tag-news","tag-state-watch","tag-stormy-daniels"],"_links":{"self":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/568997","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/comments?post=568997"}],"version-history":[{"count":0,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/posts\/568997\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media\/568998"}],"wp:attachment":[{"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/media?parent=568997"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/categories?post=568997"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/buradabiliyorum.com\/en\/wp-json\/wp\/v2\/tags?post=568997"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}