Laurence Tribe Bizarrely Claims Trump Won the 2016 Election by Falsifying Business Records in 2017
That take on the former president's New York conviction echoes similarly puzzling claims by many people who should know better.
That take on the former president's New York conviction echoes similarly puzzling claims by many people who should know better.
The lack of a clear rationale for charging Trump with 34 felonies raises a due process issue that is likely to figure in his appeals.
Whatever Trump did after the 2016 presidential election, it seems safe to say that it did not retroactively promote his victory.
There was a glaring mismatch between the charges against the former president and what prosecutors described as the essence of his crime.
The judge said the jurors need not agree about the "unlawful means" that Trump allegedly used to promote his 2016 election.
Closing arguments in the former president's trial highlight the mismatch between the charges and the "election fraud" he supposedly committed.
This week the judge presiding over Trump's trial ruled that jurors do not have to agree on any particular legal theory.
To convert a hush payment into 34 felonies, prosecutors are relying on a chain of assumptions with several weak links.
Contrary to what prosecutors say, the former president is not charged with "conspiracy" or "election fraud."
Under the prosecution's theory, Trump would be guilty of falsifying business records even if Daniels made the whole thing up.
New York prosecutors are relying on testimony from several people who do not seem trustworthy.
The leading possibilities are all problematic in one way or another.
The essence of the case, the Manhattan D.A. says, is that Trump "corrupt[ed] a presidential election" by concealing embarrassing information.
Manhattan District Attorney Alvin Bragg reportedly intends to prosecute Trump for falsifying business records.
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"I can only warn you that the people who follow Trump as I did, blindly, are going to suffer the same consequences that I did."
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If Trump did not recognize hush payments to his (alleged) former mistresses as illegal campaign contributions, he is not criminally culpable.
Manafort, meanwhile, tried to conceal that he was still talking to Trump administration officials after he was indicted.
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Given the president's confusion about campaign finance law, how could he have "knowingly and willfully" violated it?
The same civil liberties that protect accused communists or street criminals may also protect the president or his lawyer. They protect us all.
Donald Trump will serve the remainder of his presidency under the specter of prison.
Liberal critics want the Senate to hit the pause button. Will it?
It's no surprise that the president's has shady associates. It's still damning.