FTA:

Last year, I was uncertain whether this scheme, while sordid, rose to the level of a felony offense. I am now convinced that, if proved that he took these actions, it surely does. The falsification of business records is, by itself, a misdemeanor under New York law, but it's a felony when it's done with the "intent to commit another crime or to aid or conceal the commission thereof." In his indictment, Bragg claims that Trump lied about the payments with the intent to violate election law, which is what elevates the crime to a felony. Initially, I was suspicious of this theory; what election law, exactly, was the former president attempting to violate? The district attorney's initial statement of facts was hazy on this crucial point, raising the possibility that he couldn't tie the underlying fraud to a state or federal statute.

Turns out he could. Bragg has argued, convincingly, that the former president intended to violate at least two election laws"one state, one federal. First, Bragg asserted that Trump and Cohen ran afoul of the Federal Election Campaign Act by making unlawful campaign contributions (in the form of a payoff) at the direction of a candidate (that is, Trump). Cohen already pleaded guilty for this very act in federal court, so it is hardly a stretch to accuse Trump of intending to break the law by participating in the crime. Second, Bragg argued that Trump ran afoul of a New York election law that forbids any conspiracy "to promote or prevent the election of any person to a public office by unlawful means." The district attorney claimed that Trump intended to violate this statute by committing fraud in order to secure his own victory in 2016.

Time, and the jury, will tell.
#3 | POSTED BY LAMPLIGHTER

MFA:

There is no guarantee that Trump will be convicted in Manhattan. As always, we should trust jurors to take their oaths seriously, to serve impartially, to determine without fear or favor whether the prosecution has proved every element of the crime beyond a reasonable doubt. The deck is not stacked against Trump"who, like any other American, will be judged by members of the community where he committed his alleged misdeed. He may be convicted, or acquitted, or face a mistrial; what's most important, at this point, is that he stands trial now. November is looming, creating a whole new set of opportunities for criminal interference with the election. Thanks to Bragg and Merchan, Trump will have to answer for at least one of his alleged past crimes before he has the chance to commit new ones. And that is a victory in itself.