Column: Manhattan Dist. Atty. Alvin Bragg’s “statement of facts” supplied a nugget of new information that blows the Trump team’s alternative explanation of the payment out of the water.
A key question in advance of Tuesday’s unsealing of the indictment concerned how Bragg would augment the easily proven misdemeanor charges of. Under New York law, those offenses become felonies only if they’re in furtherance of another crime. Many theories were circulating as to what second crime Bragg would allege, and most of the possibilities had noteworthy shortcomings.
But Bragg this week also added a potent possible second crime beyond what many observers expected. It emerges from the fact that in making his lawyer Michael Cohen “whole” for the hush money he paid to Stormy Daniels, Trump included enough to compensate Cohen for the taxes he would have to pay on the “income” — that is, on the phony legal retainer that camouflaged the hush money.
Importantly, this theory could be a way around the legal questions inherent in alleging that the second crime was a state or federal campaign finance violation.The Florida governor threatened to refuse to extradite former President Trump to New York, showing contempt for the Constitution and the rule of law.
That is a far-fetched theory to be sure: The idea that Trump may not be a loyal spouse wouldn’t come as a shock to most people, let alone those who know him best. But in a setting in which the prosecution must prove its case beyond a reasonable doubt, the claim that he was trying to protect his family’s feelings can’t be totally disregarded.
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