Robert Reich: A Fed. judge will decide if the Stormy payoff will be a misdemeanor or felony...

[Pluvious]

From his third point:

3. This is the weakest of the cases now being prepared against Trump

To be sure, paying hush money to cover up something embarrassing during a presidential campaign is not nearly on the same level as asking Georgia’s secretary of state to “come up” with the exact number of votes needed to reverse the outcome of Georgia’s presidential election, or fomenting an attack on the U.S. Capitol.

And it may be true that an allegation like this is usually treated as a misdemeanor rather than a felony.

None of this alters the fact that a grand jury had enough evidence in this case to decide that Trump broke the law. That’s the critical point. A federal judge can decide whether the case rises to a felony or is more appropriately treated as a misdemeanor. The overriding issue is that no person is above the law, not even a former president.

The other cases will be ready soon enough.

https://open.substack.com/pub/robertreich/p/trump-is-indicted

[Ocelot II]

1. How does he figure a federal judge has to decide whether the hush money payment

is a felony or a misdemeanor? This is a state court case. To elevate the crime of falsifying business records to a felony charge, the prosecution only has to show that TFG's “intent to defraud” included an intent to commit or conceal a second crime. AFAIK, the second crime, whether state or federal, doesn't have to be a felony, just a crime.

[Igel]

8. Do we get to assume the second crime *was* a crime?

Take the DA's word for it?

What's the evidence for the second crime?

Standards for guilt? Evidenciary requirements?

This is obviously dependent on a previous decision.

If I'm a DA and want to indict you for an international human smuggling of young male prostitutes, but you booked the income as "sale of merchandise," do I need a conviction for the first charge? Or just say, "That's my claim"? Or show guilt under the non-existent state laws for international human smuggling? Or assert that the state requirements weren't required, which fails because the smuggled male prostitutes weren't state residents under any definition of the term?

All are "decisions."

Then again, if I get a 2016 voter to say he's a "dick," after reviewing all the evidence examined, Trump's a dick--that's a decisionl

Perhaps "court decision" is appropriate?

[Ocelot II]

9. The indictment will tell us.

[Irish_Dem]

2. Misdemeanor means just paying a fine?

But at least Trump has been indicted for something.

[Ocelot II]

3. It becomes a felony if the business records were falsified

in order to conceal another crime.

[Irish_Dem]

5. Thanks Ocelot

Can he settle this kind of felony charge with a fine, restitution, etc. ??

ETA I mean can he plea bargain his way out of serious consequences?

[Ocelot II]

7. New York has sentencing guidelines, so it will depend on

what he's convicted of and how the guidelines are applied. Plea bargains are always on the table.

[panader0]

4. It was a felony for Cohen.

[Irish_Dem]

6. He went to jail.

But he is not Trump.

[Crepuscular]

10. ...

Cohen was also charged with a number of other more serious crimes, primarily hiding income generated from his taxi medallion investments, which had nothing to do with his role in the Stormy Daniels payoff. Had the payoff been the only thing he had been convicted of, he may not have done any time.

[Irish_Dem]

11. I forgot about the other charges.