Jessica Levinson: Alvin Bragg has some hurdles ahead — but that doesn‘t’ mean he won‘t’ clear them.
Can Bragg rely on federal campaign finance law? Probably. Again, under New York law, prosecutors can charge falsification of business records as a felony if they can show that the defendant had the intent to commit or conceal another crime. The first thing that Bragg has to do is convince that judge that that other crime can be a federal crime.not entirely clear
that New York’s law allows prosecutors to rely on a defendant’s intent to commit or conceal a federal crime, in order to bring the falsification of business records charge up from a misdemeanor to a felony. The best reading of the plain language of the New York law is that it does allow prosecutors to do this, but there has yet to be a definitive ruling on this point.
If Bragg can convince the judge that he can rely on an alleged violation of federal law to move this case from a misdemeanor to a felony, the next question is whether federal campaign finance laws apply to this case. Here the answer is an easier “yes.” As the statement of facts in this case alleges, Trump told Cohen to hold off on paying Daniels for as long as possible and said that once the election was over, there would be no need to pay her for her silence.
Fundamentally Bragg’s case is about allegations that Trump and others entered into an agreement to buy the silence of people who wanted to share negative stories about Trump. Trump and others engaged in this scheme, Bragg alleges, not to protect Trump personally, but to protect his candidacy. Put another way, these payments were made to help his chances in the 2016 presidential election, not to benefit him personally or even in his business endeavors.
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