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Outside of Democrat hardliners, most understand that the “Hush Money” trial in deliberations right now is strictly political, not criminal.

William Jacobson of Legal Insurrection joined Tony Katz Today to discuss the unprecedented trial against a former President and leading frontrunner to become the nation’s next president.


Well, that’s been the problem with this case since day one. There is nothing illegal about paying somebody to be quiet. People do it all the time, every day in court cases around the country. People settle cases and there’s a non-disclosure agreement as part of that. One of the things you’re paying for is for people not to blab about things. There’s nothing illegal about that. And that is really the crux of what this case is, that Trump supposedly paid Stormy Daniels to be quiet about an affair they had many years earlier. That’s not illegal. They created the basis for the criminal case based on how those payments were entered on the books and records. Have come to organization. They were recorded as legal fees to Michael Cohen instead of a payment to Stormy Daniels. That at most is a misdemeanor. It’s a misdemeanor that would never get prosecuted against anybody. But because it was disclosed, it was on the books and records. So, none of that, you know, would have implicated anything. But in order to get Trump and get beyond a misdemeanor and get beyond the statute of limitations, they turned it into a felony.

(The “crime”) wasn’t clear when the trial started, which is outrageous to begin with, that it’s either federal election violation, New York State election violation or some sort of tax fraud. And so that is what. Have what done? They’ve taken misdemeanor books and records and alleged it was done to commit some other crime.

This is not a normal books and records case, which of course rarely get prosecuted anyway. So it seems like Trump was given the minimal due process rights, but with a lot of serious, potentially very serious reversible error. And the first reversible error is even the legal theory. That, you know, this other crime was an election interference when in fact it was a political candidate and he’s allowed to be a politician. That’s not illegal. And politicians all the time hide negative things about themselves and they promote positive things about themselves. That’s not illegal. That doesn’t turn it into a federal election crime. And that’s the problem with whole case. There’s never actually been a clear enunciation of what the crime was other than recording on the books and records of the corporation, which is a misdemeanor. 

While the charges are unprecedented, and arguments made during the trial do not point to a “crime”, the radical instructions provided to the jury from Judge Juan Merchan are also alarming.


What I understand from what’s been recorded is that as to turning the misdemeanor into a felony, that it was done for the purpose of committing another crime or advancing another crime that the jury doesn’t need to decide unanimously which of those other crimes it was. And so, was it US election violation, New York State election violation or tax violation? If I’m understanding correctly, they simply need to agree that it was for another crime. They don’t need to unanimously agree which. other crime that was which of course is outrageous because that’s absolutely fundamental element of what he’s being charged with for a felony

Listen to the discussion in full here:

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