PostmodernProphet
fully immersed in faith..
the full text of the indictment....
https://www.cbsnews.com/news/trump-indictment-34-felony-counts-charges-new-york-read/
1) first impression, there are not 34 felony indictments......there is only one alleged crime......"FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE"....
all Bragg did was repeat the same charge for 34 different line items on Trump's business ledgers......thus he will be required to prove the exact same things to get a conviction on any one of them.
2) Proposed standard jury instructions for the crime of Falsifying Business Records in the First Degree in the state of New York.
https://nycourts.gov/judges/cji/2-PenalLaw/175/175.10.pdf
these are the things Bragg must prove beyond a reasonable doubt for each of the 34 different line items...
a) Under our law, a person is guilty of falsifying business records in the first degree when, with intent to defraud that includes an intent to commit another crime or to aid or conceal the commission thereof, (there must be i) another crime, ii) the defendant intended to commit or conceal the commission, iii) is the person who makes or causes a false entry in the business records of an enterprise; or alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise; or omits to make a true entry in the business records of an enterprise in violation of a duty to do so which he or she knows to be imposed upon him or her by law or by the nature of his or her position; or prevents the making of a true entry or causes the omission thereof in the business records of an enterprise.
Bragg's problems under this standard....
1) there is no other crime....
2) he will not be able to prove intent to commit or conceal....
3) there is no way anyone believes Trump was the person who made a false entry or caused someone else to make a false entry on his ledgers...he's not a bookkeeper......at best the evidence will show that Cohen's office sent their monthly statements and some accountant decided which budget to assign it to.....
https://www.cbsnews.com/news/trump-indictment-34-felony-counts-charges-new-york-read/
1) first impression, there are not 34 felony indictments......there is only one alleged crime......"FALSIFYING BUSINESS RECORDS IN THE FIRST DEGREE"....
all Bragg did was repeat the same charge for 34 different line items on Trump's business ledgers......thus he will be required to prove the exact same things to get a conviction on any one of them.
2) Proposed standard jury instructions for the crime of Falsifying Business Records in the First Degree in the state of New York.
https://nycourts.gov/judges/cji/2-PenalLaw/175/175.10.pdf
these are the things Bragg must prove beyond a reasonable doubt for each of the 34 different line items...
a) Under our law, a person is guilty of falsifying business records in the first degree when, with intent to defraud that includes an intent to commit another crime or to aid or conceal the commission thereof, (there must be i) another crime, ii) the defendant intended to commit or conceal the commission, iii) is the person who makes or causes a false entry in the business records of an enterprise; or alters, erases, obliterates, deletes, removes or destroys a true entry in the business records of an enterprise; or omits to make a true entry in the business records of an enterprise in violation of a duty to do so which he or she knows to be imposed upon him or her by law or by the nature of his or her position; or prevents the making of a true entry or causes the omission thereof in the business records of an enterprise.
Bragg's problems under this standard....
1) there is no other crime....
2) he will not be able to prove intent to commit or conceal....
3) there is no way anyone believes Trump was the person who made a false entry or caused someone else to make a false entry on his ledgers...he's not a bookkeeper......at best the evidence will show that Cohen's office sent their monthly statements and some accountant decided which budget to assign it to.....
