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Why DA Bragg is prosecuting Trump for felonies rather than misdemeanors
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Max Boot
Feb 20, 2024, 3:30:15 PM2/20/24
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Trump reimbursed Cohen for the hush money payments to the porn starlet. This is
not disputed. Neither the hush money payments themselves, nor the reimbursement,
is illegal. Where Trump committed crimes is in misclassifying the reimbursement
payments as business expenses. They were not they were not business expenses.
The misclassification by itself is only a misdemeanor. However, if it is done in
furtherance of another crime or crimes, that elevates it to a felony.
"Furtherance" includes concealment of the other crime(s). New York law specifies
that the further (or augmented) crime *need not occur*. Here is the New York
state code:
§ 175.10 Falsifying business records in the first degree.
A person is guilty of falsifying business records in the first degree
when he commits the crime of falsifying business records in the second
degree, and when his intent to defraud includes an intent to commit
another crime or to aid or conceal the commission thereof.
Falsifying business records in the first degree is a class E felony.
https://www.nysenate.gov/legislation/laws/PEN/175.10
There are two further crimes Bragg can prove are connected to the business
records falsification. The first is tax fraud. Cohen was paid more money than
what he paid to the porn starlet. The difference was paid to make him whole on
his, Cohen's taxes. If he declared the $130,000 as retainer income, he would
have to to pay taxes on it. But Cohen paid the money to the porn starlet from
his own after-tax income, so Trump paying Cohen only $130,000 would leave him
still out some money. The additional money Trump paid Cohen would *also* be
income. Once again, it doesn't matter if Cohen misreported income on his tax
returns or not — the misclassification of the payments on Trump Organization's
books enabled Cohen to cheat. That makes the misclassification a felony.
The other crime that turns the misclassification into a felony is campaign
finance violation, which is election interference. Trump said the money was
"only" paid to the porn starlet in order to spare Melania embarrassment from
knowing that Trump cheated on her with basically a whore. But that's a lie.
Bragg has proof that Trump told Cohen to try to delay paying the porn starlet
until after the election, in which case they wouldn't have to pay the money at
all, because the election would be over. In other words, Trump didn't care if
Melania found out he was banging the whore, as long as the election was over. So
why *did* Trump want to pay the whore? In order to enhance his chances in the
election. That means the money was an *unreported* campaign contribution. That's
the further (augmented) crime that misclassifying the business expense was
intended to conceal.
Bragg has a very strong felony case against Trump.
not disputed. Neither the hush money payments themselves, nor the reimbursement,
is illegal. Where Trump committed crimes is in misclassifying the reimbursement
payments as business expenses. They were not they were not business expenses.
The misclassification by itself is only a misdemeanor. However, if it is done in
furtherance of another crime or crimes, that elevates it to a felony.
"Furtherance" includes concealment of the other crime(s). New York law specifies
that the further (or augmented) crime *need not occur*. Here is the New York
state code:
§ 175.10 Falsifying business records in the first degree.
A person is guilty of falsifying business records in the first degree
when he commits the crime of falsifying business records in the second
degree, and when his intent to defraud includes an intent to commit
another crime or to aid or conceal the commission thereof.
Falsifying business records in the first degree is a class E felony.
https://www.nysenate.gov/legislation/laws/PEN/175.10
There are two further crimes Bragg can prove are connected to the business
records falsification. The first is tax fraud. Cohen was paid more money than
what he paid to the porn starlet. The difference was paid to make him whole on
his, Cohen's taxes. If he declared the $130,000 as retainer income, he would
have to to pay taxes on it. But Cohen paid the money to the porn starlet from
his own after-tax income, so Trump paying Cohen only $130,000 would leave him
still out some money. The additional money Trump paid Cohen would *also* be
income. Once again, it doesn't matter if Cohen misreported income on his tax
returns or not — the misclassification of the payments on Trump Organization's
books enabled Cohen to cheat. That makes the misclassification a felony.
The other crime that turns the misclassification into a felony is campaign
finance violation, which is election interference. Trump said the money was
"only" paid to the porn starlet in order to spare Melania embarrassment from
knowing that Trump cheated on her with basically a whore. But that's a lie.
Bragg has proof that Trump told Cohen to try to delay paying the porn starlet
until after the election, in which case they wouldn't have to pay the money at
all, because the election would be over. In other words, Trump didn't care if
Melania found out he was banging the whore, as long as the election was over. So
why *did* Trump want to pay the whore? In order to enhance his chances in the
election. That means the money was an *unreported* campaign contribution. That's
the further (augmented) crime that misclassifying the business expense was
intended to conceal.
Bragg has a very strong felony case against Trump.
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