Beyond Reason
The Charge
NY § 175.10 Falsifying business records in the first degree. A person is guilty of falsifying business records in the first degree when he commits NY § 175.05 the crime of falsifying business records in the second degree , and when his intent to defraud includes an intent to commit another crime or to aid or conceal the commission thereof. Falsifying business records in the first degree is a class E felony.
The Other Crime
NY § 17-152 Conspiracy to promote or prevent election
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.
Each Must be Proven Beyond a Reasonable Doubt
Trump directly caused the 2017 entries to be classified as legal expenses
Payments could not be considered a legal expenses
Trump knew payments could not be considered a legal expense
Cohen knew payments could not be considered a legal expense
FEC could not considered payments personal expenses
Trump knew FEC could not considered payments personal expenses
Cohen knew FEC could not considered payments personal expenses
Cohen and Trump conspired to hide illegal campaign spending
Cohen and Trump conspired to promote Trump’s election
Discussion
Trump directly caused the 2017 entries to be classified as legal expenses
In 2017 Trump was President and there had been a separation of Trump from his businesses. Witnesses to date have indicated that other than signing the checks he was not directly involved in entering the expenses as legal expenses. You could argue that through a conspiracy, Cohen and Trump had previously conspired to indirectly cause the classification as legal through Cohen invoices.
Payments could not be considered a legal expenses
12 USC § 4518(e)(5)(B) “liability or legal expense” means—(i)any legal or other professional expense incurred in connection with any claim, proceeding, or action; (ii)the amount of, and any cost incurred in connection with, any settlement of any claim, proceeding, or action; and (iii)the amount of, and any cost incurred in connection with, any judgment or penalty imposed with respect to any claim, proceeding, or action.
Payments for NDAs are common. It is unclear how you can argue it is unreasonable to classify NDA payments as legal expenses.
Trump knew payments could not be considered a legal expense
The law requires that the defendant had intention or knowledge that their action was criminal. Given the complexities and understanding of accounting and campaign finance law it is unreasonable to think that Trump knew that classify payments as legal expenses was criminal
Cohen knew payments could not be considered a legal expense
See 3. above
FEC could not considered payments personal expenses
11CFR 1(A)(113.1) FEC Definition (g) Personal use means any use of funds in a campaign account of a present or former candidate to fulfill a commitment, obligation or expense of any person that would exist irrespective of the candidate's campaign or duties as a Federal officeholder.
Trump had a wife, a son, a brand, a reputation. He was not predicted to win. While the campaign may have been a factor in making the payment he had many other reasons irrespective of the campaign.
Trump knew FEC could not considered payments personal expenses
The law requires that the defendant had intention or knowledge that their action was criminal. Given the other reasons irrespective of the campaign it is unreasonable to believe that Trump knew the payments could not be considered personal expenses by FEC.
Cohen knew FEC could not considered payments personal expenses
See 6. Above
Cohen and Trump conspired to hide illegal campaign spending
NY has no jurisdiction over Federal campaign Finance Law. Trump was investigated by the DOJ and FEC for campaign financing and no charges were brought. While Cohen added a guilty plea to campaign financing violations as part of his guilty pleas to much larger and serious crimes, the law does not let Cohen’s guilty pleas be used as evidence of guilt for other parties.
NY § 17-152 violates NY Constitution because it is non-specific and broad. Crime is not defined. Any crime, anywhere, any time, any jurisdiction?
NY § 175.10 violates NY Constitution because it is non-specific and broad. “Unlawful Means” not defined. Any crime, anywhere, any time, any jurisdiction?
Cohen and Trump conspired to promote Trump’s election
How do 2017 bookkeeping records affect the 2016 election.
https://x.com/optimistcskeptc/status/1788231710779298214?s=46&t=Y4fVsDnz2q8uZ3VNKeco4A