this post was submitted on 30 May 2024
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[–] [email protected] 1 points 5 months ago* (last edited 5 months ago)

the jury convicted on the charges that he falsified business records in order to further campaign fraud.

This is true*. What I was trying to convey was that this statement does not claim that Trump himself perpetrated a campaign finance violation, only that he falsified the business records, etc, etc, so that a campaign violation occurred.

The jury did not have to find that Trump directly participated** in any of the underlying crimes to convict. The conviction is for the false business records. Trump was not on trial for the predicate crimes.

The "strawman" example, as you put it, was too show how absurd it would be to try to claim that Trump himself participated directly in this underlying election crime.

  • The prosecutors presented three underlying predicate crimes: a New York law election crime, Cohen's tax fraud to the IRS, and the Cohen illegal campaign contribution. Under New York law for this business records statue, the jury is not required to say which of the three they believed in. They're not even required to agree amongst themselves. So it's possible that they all went for the tax crime and discounted the campaign crime. We may never find out.

**For instance, if they thought that Trump was helping to cover up one of the underlying crimes, that's enough to convict.