Donald Trump is being charged under New York PL § 175.10 – Falsifying Business Records in the 1st degree. One of the key elements in the case is the requirement of intent, which is probably why the prosecution is seeking the testimony of Trump’s former attorney, named Michael Cohen, who facilitated the deal in question. The charge is for a felony, and requires an additional element, namely that the falsification was done to cover up a crime. There is a lesser charge, PL § 175.05, which is a misdemeanor and lacks that second element. The prosecution may attempt to elevate the charge to a Class E felony in order to circumvent the statute of limitations, which is set at five years. This argument may be based on previous case law, although this situation is unique. The defense may argue that the clock for the statute of limitations tolled while the defendant was out of state. A biased judge could potentially allow the indictment to proceed, but any appeals made after a conviction would be more complicated. The prosecution’s case is centered around the assertion that the defendant covered up a campaign finance crime, which the FEC has stated did not occur. The defense may argue that this claim cannot be proven beyond a reasonable doubt without new evidence, which evidence may only come from Michael Cohen, who has a history of perjury, fraud, and dishonesty.
Author: Powers Law
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