[Prefatory Note: A blog expressed befuddlement as to one gets to a felony in the NY case against Trump heading to trial this week. The befuddlement was based on the law and not on the facts, which, as set out in the statement of facts that accompanied the indictment. Here is a lucid explanation by a loyal reader (with some slight, non-substantive edits) of the state of the law]
"The charges against Trump reach felony status if he made payments (not just to Stormy Daniels but also to the National Enquirer or McDougal) – with an intent to "aid or conceal" the commission of another crime. The commission of another crime need not be one that he personally committed – the law also applies if he intended to cover up a crime committed by someone else. Further, it is not necessary to prove that the crime or crimes were committed but that that he merely intended to commit or have them committed (much like the hundreds and hundreds of felony convictions obtained each year throughout the U.S. for attempting to commit other crimes).
"So, what are the crimes that Trump attempted to aid or conceal? There are three.
"1. Federal election law – Criminal penalties may be imposed for excessive campaign contributions. The amount that Trump, through Cohen, paid to purchase and suppress information that could harm Trump’s campaign far exceeded the 2016 limits. Whether that amounts to an attempt to exceed federal election contribution limits I leave to others except to note that a “contribution” is defined to include any gift, loan, or "deposit of money or anything of value made by any person for the purpose of influencing any election for Federal office." 52 U.S.C. § 30101(8)(A).
"2. New York election law – Written very broadly, the law prohibits a conspiracy to use “unlawful means” to promote or prevent a person’s election.
"3. New York tax law – The falsification of business records in this case can almost certainly be tied to the filing of false income tax returns.
"Without having done a lot of research, it seems that, unless Trump's lawyers can persuade the jury that Trump had no knowledge of the reason for any of the payments to Daniels, McDougal, and the National Enquirer, I think he is toast on the NY tax law and very likely on the NY election law. The federal election law is more of a stretch, but I do not rule it out."
[Post Script: As noted in the prefatory note, the facts as set out in the DA's statement of facts, which are confirmed in key instances by audio recordings, would put to rest any contention that Trump lacked the requisite intent to commit fraud or knowledge of anything]
[EOP]
