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jerrymahoney

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Posts posted by jerrymahoney

  1. 9 minutes ago, Yellowtail said:

    Why do you guys suppose the judge will not allow a campaign finance expert to testify for Trump? 

    That it turns out it is standard NY State criminal procedure as an 'expert' who is not familiar in detail with the facts of the case cannot offer any opinion on whether a crime has been committed.

  2.  

    April 25, 2024

     

    Shugerman (in NY Times) also emphasizes that there’s not even any other New York case that sustains the use of another jurisdiction’s statute – federal law in this case – as the “other crime” in. 
    But, Shugerman writes, there’s “no previous case of any state prosecutor relying on the Federal Election Campaign Act either as a direct crime or a predicate crime.” That, he says, is a “sign of overreach.”  

     

    https://www.salon.com/2024/04/25/underestimating-alvin-braggs-case-against-donald-is-a-historic-mistake/

     

    While falsifying business records is often a misdemeanor charge under New York State Law, it rises to a felony when the falsification is done to facilitate “another crime.” It remains untested whether the statutory language of “another crime” applies to only state or also federal crimes.

    April 06, 2023 at 05:52 PM

     

    https://www.law.com/newyorklawjournal/2023/04/06/new-york-state-has-issued-nearly-9800-felony-charges-of-falsifying-business-records-since-2015/

     

  3. 7 minutes ago, candide said:

    Just a question as I am not familiar with such legal issues. 

    Considering that paying Stormy was a personal matter and not a business matter, is it allowed that his company pays for it (whatever the type of entry), instead of Trump paying it with his personal funds?

    I don't know -- It is a private company.

  4. 11 minutes ago, 0ffshore360 said:

    The trial is not about paying a prostitute. It is about illegal book keeping to avoid impact on a political campaign.

    I like this oft stated rationale:

     

    The trial is not about paying a prostitute. It is about illegal book keeping to avoid impact on a political campaign.

     

    Instead of: The payments were made during a political campaign because that's when Stormy Daniels and her attorney decided to show up.

  5. 8 minutes ago, Yellowtail said:

    Did Trump not get a $600K judgement against Stormy? Don't remember seeing that on CNN...

    The 9th US Circuit Court of Appeals sided with the former president in his effort to recoup additional legal fees from adult film star Stormy Daniels, who had filed and lost a defamation suit against him.

     

    Daniels was ordered to pay Trump’s attorneys just over $120,000 in legal fees. That’s on top of the more than $500,000 in court-ordered payments to Trump attorneys she’s already been ordered to pay.

     

    (Judge) Otero later ordered Daniels to pay roughly $293,000 in legal fees. She was also ordered to pay $245,000 in fees after losing another appeal.

     

    https://edition.cnn.com/2023/04/04/politics/stormy-daniels-pay-trump-legal-fees/index.html

     

     

  6. 1 hour ago, Roo Island said:

    It's not about the affair. It's about cooking the books!

    Yes. They should not have listed the entries as legal expenses. They should have entered them as extortion payments:

     

    According to New York Penal Law §155.05(2)(e), extortion occurs when a person compels or threatens another to deliver money or property under the threat of physical violence, property damage, or public humiliation.

     

    https://jeffreylichtman.com/new-york-city-white-collar-criminal-defense-lawyer/coercion-and-extortion

     

     

     

     

    • Like 2
  7. I am surprised that as best I can tell we have yet to hear the term "Bimbo eruption":

     

    As deputy chair of the 1992 Clinton presidential campaign, (Betsy) Wright established the rapid response system that was responsible for defending Clinton's record in Arkansas and promptly answering all personal attacks on the candidate. During the 1992 campaign, Wright coined the term "bimbo eruptions" to describe rumors alleging extramarital affairs by Clinton.

     

    https://en.wikipedia.org/wiki/Betsey_Wright

     

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  8. 6 minutes ago, Roo Island said:

    Obviously, the charges being pursued are felonies. Otherwise, why the Grand jury indictment?

    Because the felony charge only requires 'intent' and the grand jury was not required to prove there was intent or even say what was the "another crime" in the indictment. And again, as noted, in only 2 cases out of 389 *  in the last 10 years the NY County DA did not list the other charges along with the 'intent to commit another crime' indictment.

     

    https://aseannow.com/topic/1326029-trumps-hush-money-trial-has-wrapped-up-for-the-week-heres-what-happened-on-friday/?do=findComment&comment=18874996

     

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  9. 16 minutes ago, Roo Island said:

    Falsifying business records is a felony. No one is above the law, right?

    It is only a felony when the intent to commit another crime is proven. Otherwise it is a misdemeanor:

     

    Under New York law, falsifying business records in the second degree is a class A misdemeanor, while falsifying business records in the first degree is a class E felony.

     

    https://en.wikipedia.org/wiki/Falsifying_business_records

     

    • Like 1
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  10. 19 hours ago, pomchop said:

    The fee for regular service is $130 usd....expedited service is $190.  That is the US passport office fees.  Easy to do yourself.  Fill out forms on line...attach a 2 inch by 2 inch photo, a check for the fee, and your old passport.  All explained on line.

    From US Embassy Bangkok:

     

    Please note:

        There are NO “expediting services” overseas.

     

    https://th.usembassy.gov/u-s-citizen-services/passports/

     

    My mail in took about 3 weeks with no proof other than old passport:

     

    https://aseannow.com/topic/1318907-renewing-us-passports-possible-to-guesstimate-new-issued-on-date/?do=findComment&comment=18667914

     

    • Like 1
  11. 11 hours ago, Roo Island said:

    What's the source? Kinda worthless without knowing

    BBC: Trump hush-money trial: His mood and the unveiling of DA's case

     

    https://www.bbc.com/news/world-us-canada-68910074

     

    but it seems with editing i.e. the BBC report does not contain the word "trajectory". Also

     

    From AN:  While the defense navigates the fine line between zealous advocacy and frivolous arguments, the court's impatience suggests challenges ahead.

     

    From BBC: "There is a fine line between zealous advocacy and frivolous arguments. The court appears to be losing patience with some of the arguments,'' she said.

    • Like 1
  12. 2 minutes ago, Danderman123 said:

    And your point is ....?

    My point if any is this is stuff that could come out if Stormy D. were called as a witness. Also

     

    Updated Mar 22, 2024 at 6:58 AM EDT

    That could include over $600,000 that Daniels owes Trump for her failed defamation suit. The total surpassed $600,000 after the adult film actress was ordered to pay Trump an additional $121,972 in legal fees last year.

    https://www.newsweek.com/letitia-james-could-use-stormy-daniels-help-pay-donald-trumps-judgment-1882024

    • Like 1
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  13. 3 minutes ago, Danderman123 said:

    She failed to sell the story before he was a credible candidate. Which he wasn't until the 2016 Republican primaries.

    Right. She waited until Trump was a credible candidate to hire (or re-hire) Keith Davidson to shop her story. Trump did not seek out Daniels; Daniels through Davidson started shopping venues who would go the NDA/Catch&kill which for years has been Davidson's métier.

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  14. Here's my going out on a limb but not predictions like the 2 above:

     

    Michael Cohen negotiates for silence


    2016: Actress Karen McDougal's attorney Keith Davidson approaches the National Enquirer about selling her story of an affair she had with Trump in 2006 and 2007, according to documents later filed by the Federal Election Commission.

    <SNIP>


    Davidson, who now also represents Daniels, tells the Enquirer she's willing to share details about her alleged affair on the record. The Enquirer notifies Cohen, who agrees to pay Daniels $130,000 in exchange for the rights to her story and a nondisclosure agreement.

     

    https://www.axios.com/2023/03/18/trump-stormy-daniels-hush-money-trial-timeline

     

    So if Ms. Daniels were ever a witness for prosecution, my question on cross-exam would be:

     

    Why didn't you try to sell your story in 2015?

     

     

    • Thanks 1
  15. 3 minutes ago, Tug said:

    Even maliana?

    yes.

     

    New York Judge Juan Merchan provided the names of over 40 potential witnesses in the trial, where Trump faces 34 felony charges for allegedly falsifying business records over hush money payments to Daniels ahead of the 2016 election.

     

    Those potential witnesses also included members of Trump’s family, including his adult children Donald Trump Jr., Ivanka Trump and Eric Trump, as well as his wife Melania Trump and Jared Kushner, Ivanka Trump’s husband.

     

    https://www.forbes.com/sites/brianbushard/2024/04/15/trump-witnesses-could-include-giuliani-steve-bannon-stormy-daniels-and-these-others-in-hush-money-trial/?sh=40d905142cff

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