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originally posted by: network dude
originally posted by: JadedGhost
originally posted by: Station27
So, it's taken 24 pages and still nobody could answer the question in the OP's title?
That says a lot about the whole case. And the people who are approving of it.
originally posted by: Boomer1947
originally posted by: network dude
originally posted by: alldaylong
originally posted by: network dude
a reply to: EndTime
Yes, we have heard that part.
now, when he porked the whore, then Cohen paid the whore to sign the NDA they both agreed to, was that a crime?
if not, then when Trump paid Cohen the invoice he gave Trump and called it a legal expense, was that a crime? If so please explain why.
And for the trifecta, when John Edwards was accused of this, and found not guilty, what was different?
Any action that was carried out on the instruction from Trump., makes Trump culpable.
That's how the law works.
I can agree with that. So what part was illegal? agreeing to have an NDA? Paying the lawyer for making the NDA? You haven't answered that, which is the crux of all this.
You think you are asking a simple question that should have a simple answer, but this case actually has at least 3 moving parts.
The first part was falsifying business records in the second degree. This is NY State Penal Law 175.05(1)
"You are guilty of this subsection if, with the intent to defraud, you make, or even cause through other means, a false entry in an enterprise's business records."
When Trump signed the checks that repaid Cohen (all 34 of them), he entered them in the ledger of the Trump organization as legal fees. That wasn't entirely true and he knew it; that's where the intent to defraud comes in. $130,000 worth of those checks were repayment to Stormy for signing the NDA which, by itself, is perfectly legal. However, that $130,000 was not a legal fee; it's a campaign expense, since it was paid for the purpose of improving Trump's electability in the 2016 election and not for any legal service that Cohen provided while acting in his capacity as a lawyer. Disguising a campaign expense as a legal fee on an official document is where the fraud came in.
The second part is why Trump made the fraudulent entries. This brings us to New York Penal Law Section 17-152 - "Conspiracy to promote or prevent election."
"Any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means and which conspiracy is acted upon by one or more of the parties thereto, shall be guilty of a misdemeanor."
It would seem that Trump, Cohen, and perhaps Pecker conspired to promote Trump's election by the unlawful means of creating fraudulent business records.
This brings us to the third part: New York Penal Law 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."
In summary: Trump intentionally falsified business records in the second degree--a misdemeanor. He used this unlawful means for the purpose of promoting his election--a violation of law 17-152--another misdemeanor. Falsifying business records with the intent to commit or conceal another crime (violation of law 17-152) raises falsifying business records to the first degree--a felony.
Boomer answered the question in detail on page 7, yet it was conveniently ignored by the Trump defenders who think they’re experts on NY law.
Fact is, Trump was convicted with quite a complicated law. But just because you’re unable and/or refuse to understand it, doesn’t mean it’s not completely legitimate.
but the question is, what should the payment have been listed as to avoid this being a horrible crime?
even though it is actually tax fraud
where it literally said “grossed up to cover taxes”
It doesn’t matter if it resulted in paying more taxes, it’s still technically tax fraud.
originally posted by: kwaka
a reply to: JadedGhost
It doesn’t matter if it resulted in paying more taxes, it’s still technically tax fraud.
With that kind of logic, it all makes sense now. Orange man bad.
It’s not my logic bud, it’s just the law.
originally posted by: JadedGhost
originally posted by: network dude
originally posted by: JadedGhost
originally posted by: Station27
So, it's taken 24 pages and still nobody could answer the question in the OP's title?
That says a lot about the whole case. And the people who are approving of it.
originally posted by: Boomer1947
originally posted by: network dude
originally posted by: alldaylong
originally posted by: network dude
a reply to: EndTime
Yes, we have heard that part.
now, when he porked the whore, then Cohen paid the whore to sign the NDA they both agreed to, was that a crime?
if not, then when Trump paid Cohen the invoice he gave Trump and called it a legal expense, was that a crime? If so please explain why.
And for the trifecta, when John Edwards was accused of this, and found not guilty, what was different?
Any action that was carried out on the instruction from Trump., makes Trump culpable.
That's how the law works.
I can agree with that. So what part was illegal? agreeing to have an NDA? Paying the lawyer for making the NDA? You haven't answered that, which is the crux of all this.
You think you are asking a simple question that should have a simple answer, but this case actually has at least 3 moving parts.
The first part was falsifying business records in the second degree. This is NY State Penal Law 175.05(1)
"You are guilty of this subsection if, with the intent to defraud, you make, or even cause through other means, a false entry in an enterprise's business records."
When Trump signed the checks that repaid Cohen (all 34 of them), he entered them in the ledger of the Trump organization as legal fees. That wasn't entirely true and he knew it; that's where the intent to defraud comes in. $130,000 worth of those checks were repayment to Stormy for signing the NDA which, by itself, is perfectly legal. However, that $130,000 was not a legal fee; it's a campaign expense, since it was paid for the purpose of improving Trump's electability in the 2016 election and not for any legal service that Cohen provided while acting in his capacity as a lawyer. Disguising a campaign expense as a legal fee on an official document is where the fraud came in.
The second part is why Trump made the fraudulent entries. This brings us to New York Penal Law Section 17-152 - "Conspiracy to promote or prevent election."
"Any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means and which conspiracy is acted upon by one or more of the parties thereto, shall be guilty of a misdemeanor."
It would seem that Trump, Cohen, and perhaps Pecker conspired to promote Trump's election by the unlawful means of creating fraudulent business records.
This brings us to the third part: New York Penal Law 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."
In summary: Trump intentionally falsified business records in the second degree--a misdemeanor. He used this unlawful means for the purpose of promoting his election--a violation of law 17-152--another misdemeanor. Falsifying business records with the intent to commit or conceal another crime (violation of law 17-152) raises falsifying business records to the first degree--a felony.
Boomer answered the question in detail on page 7, yet it was conveniently ignored by the Trump defenders who think they’re experts on NY law.
Fact is, Trump was convicted with quite a complicated law. But just because you’re unable and/or refuse to understand it, doesn’t mean it’s not completely legitimate.
but the question is, what should the payment have been listed as to avoid this being a horrible crime?
Listing the payments as ‘legal fees’ wasn’t even the smoking gun evidence, even though it is actually tax fraud. It was witness testimony, documents and even voice recordings that convinced the Jury Trump deliberately labeled the payments as legal fees to conceal another crime.
There was a document with Weisselbergs own hand writing calculating the payments to Cohen, where it literally said “grossed up to cover taxes”, that’s a smoking gun right there. The defense tried to argue that the document couldn’t prove a crime was committed, because otherwise it would’ve been destroyed… lol.
originally posted by: xuenchen
a reply to: JadedGhost
Was this “grossed up to cover taxes” thing from Weisselberg one of the underlying "crimes" Trump did? 👁🗨
originally posted by: JadedGhost
a reply to: xuenchen
It was smoking gun evidence that the ‘legal fees’ label was intentional and not just a book keeping error.
originally posted by: JadedGhost
a reply to: RazorV66
Kind of hard to claim book keeping error when there’s documented evidence the payments where grossed up to cover taxes.
btw, bet it’s going to feel kind of weird voting for a person to be in charge of the most powerful military on earth when he himself isn’t even allowed to own a firearm.
originally posted by: JadedGhost
There was a document with Weisselbergs own hand writing calculating the payments to Cohen, where it literally said “grossed up to cover taxes”, that’s a smoking gun right there. The defense tried to argue that the document couldn’t prove a crime was committed, because otherwise it would’ve been destroyed… lol.
originally posted by: UKTruth
originally posted by: JadedGhost
a reply to: xuenchen
It was smoking gun evidence that the ‘legal fees’ label was intentional and not just a book keeping error.
It was intentional and it is not an error or crime.
originally posted by: JadedGhost
a reply to: xuenchen
It was smoking gun evidence that the ‘legal fees’ label was intentional and not just a book keeping error.
originally posted by: JadedGhost
Kind of hard to claim book keeping error when there’s documented evidence the payments where grossed up to cover taxes.
originally posted by: JadedGhost
originally posted by: UKTruth
originally posted by: JadedGhost
a reply to: xuenchen
It was smoking gun evidence that the ‘legal fees’ label was intentional and not just a book keeping error.
It was intentional and it is not an error or crime.
Why did Trump and his defense team claim it was a book keeping error then?
originally posted by: JadedGhost
Why did Trump and his defense team claim it was a book keeping error then?