I Was a Skeptic of the Stormy Daniels Prosecution. I Was Wrong.
9 months ago

I Was a Skeptic of the Stormy Daniels Prosecution. I Was Wrong.

Slate  

When Manhattan District Attorney Alvin Bragg brought criminal charges against Donald Trump in 2023, I was highly skeptical of his decision. It now seems clear that Trump’s New York trial, slated to begin this week, will be the former president’s only criminal trial before the November election. The falsification of business records is, by itself, a misdemeanor under New York law, but it’s a felony when it’s done with the “intent to commit another crime or to aid or conceal the commission thereof.” In his indictment, Bragg claims that Trump lied about the payments with the intent to violate election law, which is what elevates the crime to a felony. Really, the only half-plausible argument that Trump could mount in opposition was that the Federal Election Campaign Act somehow preempted the use of New York’s own statutes to punish election-related record-keeping fraud, meaning he would be liable only for misdemeanor record-keeping violations. Two different judges rejected this claim: Juan Merchan, who’s overseeing the state trial, and Alvin K. Hellerstein, who shot down Trump’s short-lived play to remove the whole case to federal court.

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