The Big (Rotten?) Apple

Business records submitted on the behalf of Trump in 2017 

Bragg is charging (NY  S 175.10 ) Trump with conspiring fraudulently to submit false business records to conceal using illegal campaign spending (NY S 17.152)  to promote himself in the 2016 election. 

He must prove all the elements below:

• Illegal campaign spending NY S 17.152

• Awareness of illegality of campaign spending 

• False Business Records NY S 175.10

• Conspiring NY S 175.10

• Fraud NY S 175.10

• Concealment NY S 17.152

Illegal Campaign Spending

The Federal Election Commission classifies campaign spending as spending that would only happen “BUT FOR” for a campaign.

Throughout Trump’s career he has had a repeated pattern of using money payments related to NDAs, catch and kill, and hush money to stop unflattering stories about himself. This done frequently by many politicians, celebrities, and corporations and is not illegal. 

After starting his campaign for the 2016 election, he has had several instances where these type of payments have been used.  These payments can be classified as campaign spending only if these payments would only have happened because he was a candidate. Even if the campaign was a reason, it would not qualify as campaign spending as long as there was one or more other reasons. Given he made payments to quiet stories in the past, he has a wife and a son he wouldn’t want to embarrass he has a reputation, as bad as it might be, he might want not to be made worse, it seems impossible that a impartial prosecutor could convince an impartial jury that there was an illegal campaign contribution.

Awareness

Given the complexity of campaign finance law, and given the clear defense to the charge of illegal campaign spending as not “but for” it would be hard to establish that Trump was aware that these payments were illegal campaign spending.

False business records

The payments in question were classified as legal expenses. Classifying payments to lawyers as legal expenses seems reasonable and ordinary.  In the history of accounting, there has not been an accounting entry for “hush money” payments, even though they’re frequently made. 

Conspiring

Conspiring to win an election is not against the law. Conspiring to break the law is against the law. So if there’s no law broken, there’s no conspiracy. Probably hinges on the campaign finance question. 

Fraud

Seems to require that you purposely misstated your business records for financial gain. But in this case, the business records were in 2017 and it’s unclear how that can be used to influence 2016

Concealment

The actions were done to conceal a crime that was committed in the past? If there was a crime and if it was fraudulent, and if there was awareness, and if the concealment was done to hide all that, maybe?

 S 175.10 Falsifying business records in the first degree.

  A person is guilty of falsifying business records in the first degree
when he commits 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.

Section 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.

S 175.05 Falsifying business records in the second degree.

A person is guilty of falsifying business records in the second degree when, with intent to defraud, he: 1. Makes or causes a false entry in the business records of an enterprise; or 2. Alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise; or 3. Omits to make a true entry in the business records of an enterprise in violation of a duty to do so which he knows to be imposed upon him by law or by the nature of his position; or 4. Prevents the making of a true entry or causes the omission thereof in the business records of an enterprise. Falsifying business records in the second degree is a class A misdemeanor.

https://www.nationalreview.com/2024/04/alvin-braggs-outrageous-conspiracy-theory/