D. C. Bear said:
Limited IQ Redneck in PU said:
How is the dems going after Trump that far different from Repubs going after Clinton for a blowie in his office.?
This will solidify the "vote for Trump no matter what he does" and probably give him the nomination. I dont think the dems could win against even a mediocre csandidate. The outcome of this will pave the way for another incompetent Dem president. As long as men vote for PoS's America is in trouble.
One hopes that it isn't and that Donald Trump was indicted for the same reason that Bill Clinton was impeached: because the did something that, unfortunately, rather demanded prosecution.
Folks can argue whatever
moral tack they want to take, but
legally this dog won't hunt.
Legal experts have said that the indictment basically claims that Trump used Cohen to pay off Daniels in order to avoid losing support immediately before the election, and that Trump deliberately categorized the payoff as 'legal fees' to hide what happened.
But there are a world of problems with that argument, including:
*
Statute of Limitations - the statute involved has, I believe, a 3 year limit. This alleged offense happened in 2016, meaning it became inactionable after 2019.The Manhattan DA has claimed an exception which stops the clock if the accused 'deliberately evades' law enforcement or made no appearance in the state of New York until after the expiration of the limit. But Trump was in New York several times as President, and his whereabouts have not been such that a reasonable person could claim he was 'evading' law enforcement, specially considering his legal counsel has received and responded to a great many legal notices over the years.
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Trump was running for federal office, not state office - the Manhattan DA has claimed that he could pursue a case against Trump because Trump's actions affected Manhattan voters. But his jurisdiction is limited to County and State law, not federal, and as Trump was running for President (
as opposed to State office or even Senator), jurisdiction here would be handled by the FEC, which has already stated they found no crime.
*
The statute is a misdemeanor offense - The DA got the grand jury to issue a felony indictment, but the burden of proof for that level is not only much higher but specific to essential facts which must be established beyond reasonable doubt. The problem is proving intent.
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The key witness against Trump is Michael Cohen - Cohen has already been convicted of lying to officials, and his own lawyer produced a 2018 letter wherein Cohen admitted Trump played no role in his actions, that he acted independently in dealing with Ms. Daniels. While some will believe Cohen's new claim that he was lying when he wrote that letter, it certainly stands as exculpatory evidence, because one way or another, Cohen is forced to admit he lied under oath.
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There is precedent that supports Trump's defense - In 2008, John Edwards paid two women hush money while he was running for President. Charged with violating campaign laws, Edwards' lawyers contended at trial as Trump's legal team now argues that the payments did not violate federal election law because they were aimed at shielding his family from pain and embarrassment rather than trying to conceal an extramarital affair from voters to further his political ambitions.
There is more of course, but just these basic points demonstrate the mountain the prosecution must climb.
That which does not kill me, will try again and get nastier