1. You moved the goal posts. First you said it wasn't criminal, now you are claiming the SOL ran. 2. How sure are you the SOL has actually run on a misdemeanor?
The lawyer in the video posted made a couple interesting points about that and seemed to say we just don't know enough yet about the SOL issues. Maybe GatorJMDZ can weigh in, but if the statute of limitations had clearly run, would that not be heard by the Court before even getting to the grand jury? I don't know, but I would think it'd be quite embarrassing for a prosecutor to spend the time and resources they have with this if the statute of limitations defense is that straightforward. Speculation on my part, but I'm beginning to wonder if maybe they don't indict or if they do, there may be counts/charges that most of us aren't suspecting.
Everyone knows DeSantis and establishment Republicans are behind this, right? This thing happened 6-7 years ago. Why is something only happening with it now? Who benefits the most?
1. I made the mistake in only focusing on Campaign Finance, but was corrected. 2. Considering the Statute of Limitations is two years in New York for misdemeanors subject to certain clock stoppages, and considering the fact we already have all of these experts talking about elevating this to a felony to dodge the Statute of Limitations, and considering that the payment took place in 2016 (about 7 years ago), I'd say it's pretty likely. You don't have to take my word for it, take former Assistant D.A. of New York City, Aharon Schrieber at his word. "A more immediate problem for the government could come if it is unable to obtain a felony indictment. If DA Bragg can only move forward on misdemeanor charges, which afford only two years of time under the statute, it seems all but certain that the statute of limitations clock has run out." Has the Statute of Limitations Run Out on the Stormy Daniels Payment?
My understanding is that this case essentially hinges on whether they can elevate the misdemeanor to a felony. That being said, there is a non-zero chance the case can proceed even through mere misdemeanor charges, but it's incredibly unlikely. And considering this DA's previous handling of misdemeanors, it really looks like political targeting.
If you think I see Trump that way, you really don't know me. But hey, anything to dismiss any defense of Trump.
This is NOT a straight forward application of the SOL case. First issue is when did it commence running...Trump's last fraudulent report/return claiming the expense as legal fees or last payment to Cohen? Without researching it, I think the former is more likely. Next, we have tolling (when the SOL stops running for those not familiar with the term.) Governor Cuomo entered orders tolling the running of the SOL for over 6 months during Covid. I believe I saw where NY's SOL also is tolled when the defendant is out of state (New York.) With Trump that should be easy to figure out. Last, I do not know what NY's case law holds if someone is charged with a felony when there is still time left under the SOL, but the jury comes back with a misdemeanor which would have been time barred if charged as a misdemeanor originally. Wouldn't make a bad Crim Law final exam question. (To answer your bolded question, that would be presented as motion to dismiss the indictment after he was indicted.)
the issue is that the payment was declared as legal services and charged to campaign funds. if dt just would have stroked the check instead of getting his cult to pay for it, no problem
Starting to look like a circus A planned grand jury meeting Wednesday was called off abruptly, sources say. It's still not clear why, and while the grand jury may reconvene Thursday it may not be to talk about alleged hush money Manhattan Grand Jury Not Talking Trump Indictment Today, Sources Say – NBC New York https://thehill.com/regulation/court-battles/3913155-mystery-surrounds-possible-trump-indictment/
That's one issue. But if that's the only issue, the prosecution likely runs into Statute of Limitations problems. It's not an absolute certainty, but incredibly likely.
I believe the "clock" started when Trump filed his last return/report. It temporarily stopped running due to Cuomo's executive Covid orders. If I am correct about it tolling when the defendant was out of state, it would have stopped running every time Trump was not in the state of New York. He was not exempt from state prosecution when he was POTUS, that DOJ memo only "applies" to federal prosecutions.
I believe either the point in which the payment was made or the point in which Trump signed the check reimbursing Cohen, which should mean that it started in either 2016 or 2017, unless he made reimbursement checks for the Stormy Daniels incident at a later time. The issue is more clock stoppages than when the clock starts. Particularly pertaining to his time as President and his time away from New York.
That former ADA, a domestic violence prosecutor, doesn't understand the use of conjunctions when construing a statute. He is reading "or" as "and."
