https://www.frontpagemag.com/the-legally-and-morally-flawed-case-against-trump/
Although we don’t yet know entirely how it will be structured, enough of the Manhattan District Attorney’s case against Trump has found its way into the public domain so that we know the general parameters. The centerpiece of the case is a misdemeanor charge under Section 175 for supposedly falsifying his business records. The theory is that Trump paid his former lawyer $130,000.00 in a series of reimbursements to Cohen and labeled them as legal expenses to conceal that the money was really to pay Adult Film Actress, Stormy Daniels for a nondisclosure agreement and that somehow this scheme violated federal election laws.
From a legal perspective, this bizarre wielding of State prosecutorial power in pursuit of what is essentially an alleged federal crime is seriously flawed.
For starters, it is not a crime to be a philanderer, if in fact Trump did have an affair with Ms. Daniels. She has claimed publicly that there was no affair – but who knows. It is not a crime for Trump to pay so-called “hush money” either. I hate it when people call it that. It is a legal contract called a “nondisclosure agreement” and it is not in the least uncommon. Particularly for a celebrity who is a married man with many business interests. There are myriad reasons – unrelated to his Presidential Campaign – for Trump to pay the money to Ms. Daniels.
The case is legally flawed for a second major reason. Specifically the Manhattan DA has a major Statute of Limitations problem.
It’s worth noting that the Federal Elections Commission and the Department of Justice have already looked at all this and took no action back when it was fresh. Nevertheless DA Bragg is essentially trying to stuff a federal campaign finance crime into a state law business records charge. The business records case under Section 175 is a misdemeanor and the statute of limitations is two years. If DA Bragg manages to shoehorn an alleged violation of the federal campaign finance laws into the Section 175 charge – despite being a state DA and not a US Attorney – then the business records case becomes a felony and has a five-year statute of limitations. My iPhone tells me this is 2023 – nearly seven years after any such Section 175 business record crime would have occurred. So, the statute of limitations has clearly run. Nevertheless, I wait on pins and needles to see what whackado legal theory DA Bragg pulls out of his…..hat to claim the statute of limitations has somehow not expired.