Thread by @DefNotDarth

Trump Charges Explainer & thoughts:

From what I hear, this is the jury charge for @realDonaldTrump’s indictment. New York PL § 175.10, FALSIFYING BUSINESS RECORDS IN THE 1ST DEGREE.

INTENT is an element, which is why they need @MichaelCohen212. This is the felony charge which…

…requires, as another element, that it was done to cover up a crime. PL § 175.05 is 2nd degree & a misdemeanor, lacking that second element.

The attempt to elevate it to a Class E Felony, is solely to get around the statute of limitations clock which, Bragg will argue,…

…tolled when Trump was out of state. I can provide the case law he’ll use to make this argument. A biased judge can let the indictment stand.

Appeals, if he’s convicted, would be another matter. Bragg’s entire case will rest on Trump covering up a campaign finance crime which

the FEC said didn’t happen. Between that, & the timing, appeals are a no brainer, as in NY, the state constitution guarantees a speedy trial, & federally, it’s a clear cut 6th amendment argument.

I don’t think Trump is in any peril. It’s a joke of a case & a political hit job…

…as is obvious to everyone, even CNN! It won’t hold up. But they’re betting everything on it, and I’ll want revenge. Pendulums bruh.

They’re not trying to get him to win the nomination with this. They really do want to prevent him from ever running. That’s obvious. I know…

… a lot of very smart conservatives say this is a play to get him the nomination so they can beat him. It’s not.

They’re using this, Georgia’s laughingstock, & the special counsel over classified docs, to try to kneecap him. That’s obvious by now. It’s not a play. They’re…

… actually this evil. They actually are trying to use a corrupt justice system to eliminate and imprison a political opponent and opposition leader. This is incomprehensibly bad and they don’t fear the other half of the country.

Only if we turn it around on them, will they.

Here is some of the case law in NY that Bragg will use to defeat statute of limitations, which is 5 yrs. He has to argue that the clock tolled when Trump was out of state. There is some precedent, but this is unique.

Misdemeanor was 2 years. Hence the elevation to felony.

If Bragg is ballsy & @Isikoff was given wrong info or the language was off, he could try NY PL § 175.35, or OFFERING A FALSE INSTRUMENT FOR FILING IN THE FIRST DEGREE. Jury charge below.

This is a Class D felony but it’s OFFERING instead of just FALSIFYING. Highly unlikely.

Bragg MUST prove, beyond a reasonable doubt, that Trump had the intent to cover up a crime. Mens rea is a required element.

Unless new evidence came up, @MichaelCohen212, admitted perjurer & liar, may be the only witness for such a claim. Even a NYC jury may laugh at that!

Question: Can any of these cases stop Trump?

No. Article II, Section 1, Clause 5 of the Constitution. POTUS must be:

- Natural born citizen
- 35 yrs old
- Resident for 14 yrs

SCOTUS bars congress from adding requirements, like a clean criminal record. He could run from jail.