icanhelp1
Literotica Guru
- Joined
- Mar 23, 2019
- Posts
- 20,314
You’re full of shit and the proof is below.
Give it up. All of this is inaccurate wishful MAGA lack of thinking and displays ignorance or denial of the facts.
A presidential candidate is not immune to prosecution for illegal acts regardless of whether there is an active campaign.
NY state law has its own statutes the conviction was brought on. Can you read?
https://nycourts.gov/judges/cji/2-PenalLaw/175/175.10.pdf
https://www.nysenate.gov/legislation/laws/PEN/175.10
§ 175.10 Falsifying business records in the first degree.
A person is guilty of falsifying business records in the first degree
when he commits the crime of falsifying business records in the second
degree, and when his intent to defraud includes an intent to commit
another crime or to aid or conceal the commission thereof.
Falsifying business records in the first degree is a class E felony.
Here’s the NY state election law that makes the business records falsification a felony:
https://www.nysenate.gov/legislation/laws/ELN/17-152
§ 17-152. Conspiracy to promote or prevent election. Any two or more
persons who conspire to promote or prevent the election of any person to
a public office by unlawful means and which conspiracy is acted upon by
one or more of the parties thereto, shall be guilty of a misdemeanor.
I understand the law dipshit.You’re full of shit and the proof is below.
Give it up. All of what you said is inaccurate wishful MAGA lack of thinking and displays ignorance or denial of the facts.
A presidential candidate is not immune to prosecution for illegal acts regardless of whether there is an active campaign.
NY state law has its own statutes the conviction was brought on. Can you read?
https://nycourts.gov/judges/cji/2-PenalLaw/175/175.10.pdf
https://www.nysenate.gov/legislation/laws/PEN/175.10
§ 175.10 Falsifying business records in the first degree.
A person is guilty of falsifying business records in the first degree
when he commits the crime of falsifying business records in the second
degree, and when his intent to defraud includes an intent to commit
another crime or to aid or conceal the commission thereof.
Falsifying business records in the first degree is a class E felony.
Here’s the NY state election law that makes the business records falsification a felony:
https://www.nysenate.gov/legislation/laws/ELN/17-152
§ 17-152. Conspiracy to promote or prevent election. Any two or more
persons who conspire to promote or prevent the election of any person to
a public office by unlawful means and which conspiracy is acted upon by
one or more of the parties thereto, shall be guilty of a misdemeanor.
What you don’t seem to understand is that the charges are from 8 years ago and have long outrun the statute of limitations. The criminal charges are misdemeanors under NY state law.
Now, after your cut and paste tirade which points out only a portion of the trial, it failed to point out what the underlying federal charges the defendant was charged with. You understand that the federal charges carry with it federal guidelines.
First, under the sixth amendment the defendant is entitled and afforded by constitutional law to know what those charges are during the trial not after closing arguments by the prosecution. It is the duty of the prosecutor to present all charges, evidence and witness testimony to the jury (court) during the trial allowing the defendant to counter the prosecution’s said charges with counter arguments and exculpatory witness testimony. .
Federal crimes are out of the jurisdiction of state courts but since federal statutes were used to support state charges, one such statute alleged campaign finance violations which is a federal statute that FECA refused to charge. It is incumbent on the court to allow expert witness testimony without restrictions placed upon that witness. Merchan didn’t do that. The detailed explanation of the law as it related to the defendant was deemed inadmissible by the judge. Reversible error number one.
Restricting exculpatory witness testimony flies in the face of due process which lends credence to petitioning SCOTUS with a cert writ or common writ requesting a stay in sentencing till the state appellate court catches up. I believe using federal statutes also requires unanimity from the jury to convict on federal charges I may be mistaken but I don’t think so. I don’t believe using multiple federal charges like a Chinese dinner menu mixing and matching will stand up to the scrutiny of the higher courts especially to convict on multiple felony counts. imho
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