Showing posts with label NY. Show all posts
Showing posts with label NY. Show all posts

June 6, 2024

The list of flaws in the NY Trump felony conviction case

There's even more ridiculousness than what the Wall Street Journal lists below, but from a strictly legal standpoint, this is WAAAYYY more than enough to overturn this conviction:

...The state offense with which Mr. Trump was indicted, “falsifying business records,” requires proof of an “intent to defraud.” To elevate this misdemeanor to a felony, the statute requires proof of “intent to commit another crime.” In People v. Bloomfield (2006), the state’s highest court observed that “intent to commit another crime” is an indispensable element of the felony offense.

New York courts have concluded that the accused need not be convicted of the other crime since an “intent to commit” it is sufficient to satisfy the statute. But because that intent is, in the words of Winship, “a fact necessary to constitute the crime,” it is an element of felony falsification. Due process requires that the defendant receive timely notice of the other crime he allegedly intended to commit. It also requires that he have opportunity to defend against that accusation and that prosecutors prove beyond a reasonable doubt his intent to commit it.

Mr. Trump’s indictment didn’t specify the other crime he allegedly intended to commit. Prosecutors didn’t do so during the trial either. Only after the evidentiary phase of the trial did Judge Juan Merchan reveal that the other crime was Section 17-152 of New York’s election law, which makes it a misdemeanor to engage in a conspiracy “to promote or prevent the election of any person to a public office by unlawful means.”

To recap, the prosecution involved (1) a misdemeanor elevated to a felony based on an “intent to commit another crime,” (2) an indictment and trial that failed to specify, or present evidence establishing, another crime the defendant intended to commit, and (3) a jury instruction that the other crime was one that necessitated further proof of “unlawful means.” It’s a Russian-nesting-doll theory of criminality: The charged crime hinged on the intent to commit another, unspecified crime, which in turn hinged on the actual commission of yet another unspecified offense.

To make matters worse, Judge Merchan instructed the jury: “Although you must conclude unanimously that the defendant conspired to promote or prevent the election of any person to a public office by unlawful means, you need not be unanimous as to what those unlawful means were.”

Due process demands that felony verdicts be unanimous...

There's no doubt this will be overturned on appeal but the Democrats, the courts don't care - they just want to stop Trump from winning the presidency, and  this gives them their sound bites and political ad fodder. Ironically, it looks like it is going to work in Trump's favor, to the detriment of Let's Go Brandon or whomever else the Democrats will try to foist upon America in his place.

November 24, 2023

Democrat elites are done with NY mayor Eric Adams

Clearly New York Mayor Eric Adams has upset the Democrat elites, the FBI has taken his phone and iPad. He's not onboard with Let's Go Brandon's open border policy, but is there anything else going on that we don't know about?

October 30, 2023

New York case against Trump falling apart

Tim Pool briefly discusses it:


This case will fail, but probably not before the 2024 election and certainly not with this judge. It's a mistake the left will pay for eventually.

June 29, 2021

Meanwhile in NY they've got nothing on Trump

 Via Breaking 911:

Manhattan District Attorney Cy Vance is not expected to charge former President Donald Trump or the Trump Organization with crimes in its first indictment, according to Donald Trump‘s attorney.

“They just said, ‘When this indictment comes down, he won’t be charged,'” Ron Fischetti told Politico. “We asked, ‘Is there anything else?’ They said, ‘No.’ ”

 Nothing.  Nada.  Bupkis.  If you are surprised, consider yourself an NPC.

November 3, 2018

Midterms Matter: In New York 11th District, please support Daniel Donovan

Republican incumbent Daniel Donovan in New York's 11th District as of late October was holding onto a slim lead over his Democrat opponent that was just outside the poll's margin of error.  In other words, this looks like a close race.  If you are a conservative, common sense, America first voter on Staten Island, please support Dan Donovan for congress.

America needs more of this:



and more of this


...and America needs less of this covert progressivism:

November 1, 2018

Midterms Matter: In NY 1st District, please support Lee Zeldin

NY's first district barely went for president Obama in 2012, but in 2016 they supported president Trump by 12 points.  Incumbent Lee Zeldin appears to hold an 8 point lead over his Democrat challenger.  But there's no room for complacency if you support the Republican and/or his positions.

Here's why you should go out and vote for him:


For more information check out his website. Please support him in the next 5 days - donate, volunteer, and ensure you vote.

Thank you.

October 31, 2018

Midterms Matter: In NY 27, please support Chris Collins


Common sense conservative values and fiscal discipline need strong representation in Congress.  That calls for Chris Collins.  Despite the establishment's attempts to slander and silence Collins he has had the strength to fight on and is still leading in the polls.

Please support him; volunteer, donate, get a lawn sign if it's not too late, and do check out his website.  And by all means vote.

Thank you.

October 30, 2018

Midterms Matter: In NY's 3rd District, please support Dan DeBono


New York's 3rd district definitely has a Democratic lean, but not so insurmountable that a strong turnout for Republican challenger Dan DeBono could not pull off a surprise win in the district.

Dan is all about service to the country, the state and the district.
Dan is an independent-thinking Republican with a unique combination of a history of service to our country, and deep fluency in economic matters forged over 20 years at the nation's top military unit and top private financial institutions.

No other candidate will fight as hard as Dan will on behalf of the people of New York's 3rd Congressional District.

No other candidate has the breadth and depth of experience in connecting the dots between regular people and jobs, wages, purchasing power, inflation, the economy, competition and the actions of our federal government.
His opponent on the other hand, seems to have a history of hush money related to a sex abuse scandal.  That does not seem like much of a choice service vs. self-serving.

Please support Dan DeBono, volunteer, donate, get a lawn sign, and check out his inspiring website.  And by all means vote.

Thank you.
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