Trump’s Trial of 34 Count Felony Case, brought by the New York District Attorney Alvin Bragg (D), in an Indictment Voted by a New York State Grand Jury on March 20th, 2023. This Case has been widely Disparaged, as only about “Money to Hide an Affair”, and a Weak Case involving an alleged Federal Crime with Weak Facts Tried in a State Court.
What is being Overlooked, is what Justice Department (DOJ) Prosecutors, when Trump was President, publicly Documented as the seriousness of the Case.
It can be found in the December 7th, 2018, “Sentencing Memorandum” Publicly filed by DOJ’s Prosecutors in the Southern District of New York (SDNY).
Here are Four Public Assertions made by Prosecutors in a Public Document, that undermine the Conventional Wisdom, that this Case is Only about Sex, and that the Factual basis to Convict Trump is Weak:
(1) The Case involves Issues that Undermine “Core” Values of Our Democracy.
The SDNY Prosecutors wrote, that Trump’s Complicity in Paying Money to Block Disclosure of His Extra-Marital Affairs, on the eve of the 2016 Presidential Election struck “a blow at a core value essential to democracy: transparency.” Allowing such Crimes would show that “the political process belongs to the rich and powerful.”.
(2) DOJ Prosecutors in effect, state that Trump was Criminally responsible.
The Federal Prosecutors wrote that Trump “Directed” His Lawyer Michael Cohen, to make the Hush Money Payments, a few days before the Election for Political Reasons, which, these Prosecutors found, made Cohen Complicit in a Crime, knowingly Violating Federal Campaign Finance Laws.
They noted that Cohen “admitted” to their Factual Finding. Many Reporters mis-state that Cohen “said” this. But, the Prosecutors said it, and they state that Cohen “admitted” it.
Thus, it should be beyond Dispute that if Cohen was Guilty of a Crime in this Scheme to Conceal Relevant Information from American Voters before a Crucial Presidential Election, then certainly Trump is just as Guilty, since He “Directed” Cohen to do it according to Trump’s Prosecutors, if not more, because the Ppayoff was committed for Trump's Benefit and Not Cohen’s.
There is No doubt these Trump DOJ Prosecutors, found there was a Political Motivation to making these Hush Money Payments, making it an Illegal Campaign Donation. The Prosecutors wrote that the Money was Paid on the “eve” of the 2016 Election, and several times described the Payments as Politically Motivated, to Prevent Voters from learning about the Alleged Affairs.
(3) Bragg’s Case does Not depend Solely on Michael Cohen’s Testimony.
First, Cohen has been found to be a Credible Witnes, most recently, explicitly by New York Supreme Court Justice Arthur Engeron in His February 15th, 2024, written Decision, finding Trump Guilty of Financial Fraud. Second, the Trump DOJ Prosecutors pointed out that Trump was Complicit in a Scheme to pay Hush Money to Two Wwomen.
In other words, we know from these Federal Prosecutors that there were at least Two Witnesses other than Michael Cohen, who could have Testified in the Federal Case as to Trump’s Knowledge and Involvement in the Illegal Hush Money scheme, to Prevent Voters knowing about the Two alleged Affairs just before the 2016 Election.
One was the Chairman and CEO of a National Tabloid Magazine, whom the Federal Prosecutors stated Trump Himself met with, to Discuss the Scheme to Kill Negative Stories about Trump, to avoid Disclosure before the Election, including the Threat of a former Playboy Playmate of the Month, to go Public just before the Election about Her alleged Affair. The Second Witness is said by the Prosecutors, to be the Magazine’s Editor-in-Cchief, whom these Prosecutors was Aware of and Involved in the Scheme.
(4) Trump’s Checks of $35,000 per Month, including a Bonus, written in the White House, from His Personal Checking Account, were Not “Legal Fees” as He Claimed.
The Prosecutors found that the Trump Organization “Falsely” booked these Trump Payments as Legal Fees. During Michael Cohen’s February 27th, 2019, Public Testimony before the House Oversight Committee, Two of these Trump Personal Checks were put on Live Television, in the U.S. and around the World.
It was DOJ Lawyers working under Trump-Appointed Attorney General William Barr, not Locally Elected Democratic Prosecutors, who characterized them as Illegal “Reimbursements.” Republicans barely mentioned them, and these Hush Money Checks, by a Sitting President concerning an Illegal Scheme before He was President flew under the Radar of most of the National Media.
But there it is, on page 14 of the December 7th, 2019, Sentencing Memo, hidden in plain sight, that these Checks were “Falsely” Recorded as Business Expenses on the Books of the Trump Organization.
Lest there be any doubt that Trump recognized the potential Legal Danger of this SDNY Sentencing Memo, as reflecting on His Potential Criminal Guilt: We learned in 2020 from a New York Times Eexclusive, and in 2022 from the Book published by then U.S. Attorney Geoffrey Berman, that Trump tried to Expunge or “Scrub” these Incriminating Words written by His own DOJ Prosecutors.
Attorney General Barr and others at DOJ Reportedly pressured the SDNY Prosecutors, to Delete these Words and to “Reverse” Michael Cohen’s Guilty Plea, this after Cohen Served His time. Obviously, these efforts were Not because Trump or Barr sympathized with Cohen’s Pplight.
The Bottom Line, is that that New York-based Federal Pprosecutors made a Determination that Trump and Cohen had Violated Federal Campaign Law.
Trump was Not Charged Federally with that Crime, however, meaning that Alvin Bragg’s Challenge is Two-fold.
First, He must establish that New York State Laws regulating Financial Fraud were Violated, when Trump was involved in Illegal Federal Campaign Donations.
Second, Bragg must show that when Trump Falsely Booked those Hush Money Payments as “Legal Expenses”, which would normally be a Misdemeanor in New York state Law, He did so with the Motive of Concealing the other Campaign Finance Crime under NY State Law.
If Bragg can do so, then the 34 Entries that were “Falsely” listed as “Legal Expenses,” instead of being 34 Misdemeanors, become 34 Felonies. That could be a Lot of Jail Time, if that is the Jury’s Verdict.
Trump cannot Pardon Himself for State Crimes if he Wins the Presidency.
The ultimate Irony is that if Trump is found Guilty of the New York State Crimes, it will be His own Justice Department Prosecutors who provided Clear Factual Findings establishing His Guilt.
NYC Wins When Everyone Can Vote! Michael H. Drucker
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