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President Joe Biden's historically low polling numbers would not receive a boost if former President Donald Trump is potentially found guilty in any legal case against him, a poll shows.
The post Poll: Potential Trump Conviction Would Not Lift Biden’s Lagging Support appeared first on Breitbart.
Alvin Bragg asked Justice Juan Merchan to punish Donald Trump for four comments concerning Michael Cohen and David Pecker.
The post Justice Juan Merchan Weighs Punishing Donald Trump a Second Time for Allegedly Violating Gag Order appeared first on Breitbart.
Legal experts have been sounding the alarm that former Trump lawyer Michael Cohen's TikTok fundraising videos have hurt the prosecution.
The post Legal Experts: Michael Cohen TikTok Videos, Fundraising May Have ‘Torpedoed’ NY Trump Prosecution appeared first on Breitbart.
There are many reasons why legal experts are questioning the legitimacy of the criminal prosecution of former President Donald Trump. But the major reason is that the main claim in Manhattan District Attorney Alvin Bragg’s case—that Trump’s $130,000 settlement payment of a potential claim by Stormy Daniels was a campaign-related expense—is totally bogus.
Here’s a quick tutorial on why Bragg doesn’t have a legal leg to stand on—call it “Federal Campaign Finance Law for Dummies 101”—an apropos title, given what’s going on.
Daniels claims that she had a sexual encounter with Trump in 2006, fully 10 years before the 2016 presidential election, which Trump denies. For the payment, Daniels agreed to sign a nondisclosure agreement, which is a standard provision in many settlement agreements of personal injury cases and other claims.
Bragg contends that Trump falsified business records, a misdemeanor, when this payment was listed as legal expenses instead of a campaign expense.
Supposedly, according to Bragg, that converted the misdemeanors into felonies because Trump was concealing another crime. That other crime, according to prosecutors, is a violation of Section 17-152 of New York law, which makes it a misdemeanor to “promote … the election of any person to public office by unlawful means.”
Besides the fact that it’s very strange to allege that the commission of a misdemeanor for the purpose of covering up the commission of another misdemeanor is enough to allege a felony, the only plausible theory that Bragg is pushing for the alleged “unlawful means” was a violation of federal law by concealing a campaign-related payment.
With me so far?
But Trump was running for president. The raising and spending of money for campaigns for president and Congress is governed by federal law, the Federal Election Campaign Act, not state law. Any wrongdoing related to federal campaign financing falls under the enforcement authority of federal officials, not a local prosecutor like Bragg.
In fact, the Federal Election Commission, on which I served as a commissioner, has civil enforcement authority and the U.S. Department of Justice has criminal enforcement authority over violations of this law.
For the nuisance-value settlement payment to Daniels to fit within Bragg’s rickety legal structure, it would have to be a crime under federal law. In other words, it would have to be considered a campaign-related expense that was falsely reported under the Federal Election Campaign Act.
If you want an example of such a violation, just look at the $113,000 civil penalty the Hillary Rodham Clinton campaign and the Democratic National Committee agreed to pay in 2022. They listed the payments for the opposition research that formed the basis for the infamous Steele dossier, which fabricated the entire Trump-Russia collusion hoax, as legal expenses instead of opposition research.
But opposition research on the opposing candidate is obviously a campaign-related expense under applicable federal law, so the FEC had authority to investigate and enforce the law against this deception.
That’s not the case with the Daniels’ payment. For starters, the incident in question that led to the payment is alleged to have happened 10 years before the 2016 campaign. More importantly, the payment fails the test the FEC applies to determine whether an expense is campaign-related.
Under federal law and corresponding regulations, the FEC applies the “irrespective test” to “differentiate legitimate campaign and officeholder expenses from personal expenses.” As the FEC explains on its website, under the irrespective test, “personal use is any use of funds … to fulfill a commitment, obligation, or expense of any person that would exist, irrespective of the candidates’ campaign.”
In other words, if the expense would exist even if the individual were not a candidate, then it’s personal and not a campaign expense.
The payment to Daniels clearly fails that test. Trump was a celebrity long before he ran for office, and celebrities get these kinds of nuisance claims all the time. In fact, the prosecution’s first witness in the New York case, David Pecker, said he had helped settle similar claims to avoid legal costs and embarrassment by suppressing stories for numerous other celebrities, including Arnold Schwarzenegger and Tiger Woods.
The easiest way to understand this test is to take the example of a personal injury claim.
Candidate A has a car accident several years before he runs for Congress that injures another driver. After the campaign has started, the candidate decides to settle the personal injury claim made by the other driver by paying that driver $130,000 in exchange for a nondisclosure agreement.
Settling and paying the claim may help the candidate in his campaign by avoiding personal embarrassment. But that doesn’t make it a campaign expense. It’s a claim that would exist even if the candidate were not running for office and is thus considered a personal expense under federal law.
Daniels’ claim is also a personal claim that existed long before Trump ran for the presidency and, given his celebrity status, would have continued to exist even if he never ran for president.
That’s no doubt why neither the FEC nor the Justice Department ever filed an enforcement action against the Trump campaign or Trump personally over the payment; specifically, because it was not a campaign-related expense.
You know what would have led to enforcement actions? If Trump had actually claimed this was a campaign-related expense and had used campaign funds to make the payment, I have no doubt he would have been prosecuted by the feds for the illegal use of campaign funds to pay a personal expense.
That’s what former Rep. Jesse Jackson Jr., D-Ill., went to prison for after he pleaded guilty in 2013 to spending $750,000 on personal expenses.
Keep in mind that Bragg’s entire manufactured case of 34 counts of falsifying business records depends entirely on the legitimacy of his contention that the settlement payment should have been listed as a campaign-related expense.
It shouldn’t because it wasn’t.
And all of the other testimony from the prosecution’s witnesses about this payment and other settlement payments that are obviously intended to blacken the character of the former president and prejudice the jury doesn’t change the fact that none of these payments were campaign-related expenses. Period. End of story—or at least it should be.
The post Trump’s NY Prosecution Is a Bogus Case by a Bogus Prosecutor appeared first on The Daily Signal.
Joe Biden’s fascist lawfare assault on former President Trump is backfiring, according to the latest polling.
The post Nolte: NYC Trial Makes 32% More Likely to Vote for Trump, Only 26% Less Likely appeared first on Breitbart.
“How far we have fallen with the standards for government,” Peter Schweizer says of the apparently coordinated efforts to prosecute Donald Trump before the 2024 elections.
The post Peter Schweizer: Biden’s ‘Sinister but Brilliant’ Campaign Strategy Is Lawfare appeared first on Breitbart.
New York County Judge Juan Merchan has ruled that former President Donald Trump violated a gag order during his trial, holding him in criminal contempt and threatening him with jail time for any further infractions.
The post Judge Merchan Holds Donald Trump in Criminal Contempt for Gag Order Violations, Threatens Jail Time appeared first on Breitbart.
Less than half adamantly believe that former President Donald Trump will be convicted of a crime in his criminal trial at the hands of Democrat District Attorney Alvin Bragg, a recent survey from the Economist/YouGov found.
The post Poll: Just 26% Believe Trump Will Be Convicted in Criminal Trial appeared first on Breitbart.
Mercedes Schlapp slammed Manhattan District Attorney Alvin Bragg's business records trial against Donald Trump, calling it "authoritarian."
The post Exclusive — Mercedes Schlapp: The New York Trial Against Donald Trump Is ‘Authoritarian’ appeared first on Breitbart.
New York has been trending right, and Donald Trump should "keep the strategy up," former Rep. Lee Zeldin said on Breitbart News Saturday.
The post Exclusive — Lee Zeldin: New York Has Been Trending Right; Donald Trump Should ‘Keep the Strategy Up’ appeared first on Breitbart.
The CNN poll appears to confirm the diminishing impact of prosecuting former President Donald Trump to prevent his reelection.
The post CNN Poll: More Americans See Trump’s Trial as Irrelevant to His Fitness for Reelection appeared first on Breitbart.
A New York City cop who got into a scuffle with a suspect in an Apple Store in 2021 has been acquitted after being hit with assault charges.
The post New York City Cop Acquitted Three Years After Punching Suspect Who Refused to Leave Apple Store appeared first on Breitbart.
The survey appears to confirm former President Trump's argument that efforts to bankrupt and throw him in jail are politically motivated by the White House.
The post CNN Poll: Only 13% Say Trump Treated Same as Other ‘Criminal Defendants’ appeared first on Breitbart.
A majority of voters say a conviction in any of former President Donald Trump's various legal cases would have "no effect" on their vote.
The post National Poll: Majority of Likely Voters Say a Trump Conviction Would Have ‘No Effect’ on Their Vote appeared first on Breitbart.
I can’t tell you how many people I know who do not like former President Donald Trump yet nonetheless smell prosecutorial overreach in Manhattan.
Manhattan District Attorney Alvin Bragg has charged the former president with 34 felony counts of falsifying business records. Trump has pleaded not guilty.
The case began with Michael Cohen, Trump’s onetime fixer, making a “hush money” payment to the former adult film actress known as Stormy Daniels to keep her from revealing information about an alleged sexual relationship with Trump in 2006. Bragg used the fact that Cohen paid $130,000 to Daniels in 2016, when Trump was running for president, as a pretext to turn a moldy misdemeanor offense into a felony.
But is it even illegal? This trial showcases something rich men and big corporations have been doing for years—paying off mistresses or wronged staffers with cash settlements with little public scrutiny, thanks to nondisclosure agreements.
I don’t like it, but it’s not a crime.
On Tuesday, former National Enquirer publisher David Pecker testified that during a 2015 meeting in Trump Tower, he told Trump, Cohen, and campaign stalwart Hope Hicks that he wanted to help the Trump campaign, if behind the scenes.
What followed was “catch and kill,” the term for the scheme of paying to get dirt on a public figure, then killing the story, as happened with another alleged Trump gal pal, Karen McDougal. The National Enquirer paid her $150,000 for a story that never ran.
Trump has denied that anything extramarital occurred with McDougal and Daniels. But as Sen. Mitt Romney, R-Utah, told CNN, “You don’t pay someone $130,000 not to have sex with you.”
Back to Cohen. He’s a flawed witness to be sure, who in 2018 pleaded guilty to charges that included tax evasion and lying to Congress when he testified about Trump, his former master. Cohen was sentenced to three years in prison.
Then, last year, Cohen claimed that he lied when he admitted to tax evasion. A more careful prosecutor would not hang a case on an accomplished liar.
Given his capacity for self-pity and self-sabotage, it’s no surprise that Trump told reporters after the second day of trial, “I’m not allowed to defend myself.”
Trump also continued to throw shade at Judge Juan Merchan, whose gag order, Trump maintained, robbed him of his “right to free speech.” Trump also offered that Merchan “should recuse himself.”
Pecker testified that he was glad to help by running “positive stories about Mr. Trump,” as well as negative stories about his campaign rivals. I’m guessing many Big Media hotshots feel the same way—about President Joe Biden.
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The post Trump Faces 34 Felonies at Trial. But Was There a Crime? appeared first on The Daily Signal.
A group of anti-Trump lawyers and media analysts are secretly convening weekly via Zoom to discuss and strategize over former President Donald Trump's legal cases, according to a report.
The post Report: Anti-Trump Lawyers, Media Pundits Hold Secret Weekly Strategy Calls on Trump Legal Cases appeared first on Breitbart.
Those who intend to vote for Donald Trump in 2024 are more enthusiastic than individuals who intend to vote for Joe Biden.
The post Poll: Donald Trump Supporters More Enthusiastic to Vote than Joe Biden Voters appeared first on Breitbart.
Though most Americans expect our judges to be neutral arbiters of the law, Judge Juan Merchan, who is overseeing the New York trial against President Trump, is anything but.
The post Exclusive—Matthew Whitaker: Conflicts of Interest Abound in Judge Merchan’s Handling of the Trump Sham Trial appeared first on Breitbart.
New York Supreme Court Judge Juan Merchan could fine former President Donald Trump up to $11,000 for violating a gag order that his legal team argues prevents him from defending himself publicly in a case where a Democrat district attorney is seeking to put him in jail.
The post Judge Juan Merchan’s ‘Manifestly Unfair’ Gag Order on Trump Comes Under Serious Legal Scrutiny appeared first on Breitbart.
Justice Juan Merchan appeared to show his dark side during a Tuesday gag order hearing concerning former President Donald Trump.
The post Gag Order Hearing — Justice Juan Merchan Rages at Donald Trump’s Lawyer: ‘You’re Losing All Credibility’ appeared first on Breitbart.
District Attorney Alvin Bragg reportedly backed down from asking New York Supreme Court Justice Juan Merchan to jail former President Donald Trump for allegedly violating a gag order.
The post Gag Order Hearing: D.A. Alvin Bragg Backs Down from Wanting Trump in Jail appeared first on Breitbart.
Alina Habba, lawyer and spokesperson for former President Donald Trump, accused Democrats of going after the Republican presidential nominee in court because they cannot beat him in the polls.
The post Alina Habba: Criminal and Civil Courts Being Used Against Trump Because ‘They Cannot Beat Him in the Polls’ appeared first on Breitbart.
Matthew Colangelo, a former Biden DOJ official, delivered the prosecution's opening statement on Monday in the Trump criminal trial.
The post Trump Trial Day 5: Matthew Colangelo, Ex-Biden Admin Official, Gives Prosecution’s Opening Statement appeared first on Breitbart.
Former President Donald Trump's hush money trial in Manhattan is set to hear opening arguments on Monday, after a full jury of 12 jurors and six alternates were seated on Friday.
The post Donald Trump Hush Money Trial to Begin with All Jurors Seated appeared first on Breitbart.
David Pecker, former publisher of the National Enquirer, is reportedly set to be the first to testify in former President Donald Trump's hush money trial.
The post Former National Enquirer Publisher David Pecker Reportedly First to Testify in Trump Trial appeared first on Breitbart.
The former attorney for adult entertainment star Stormy Daniels, Michael Avenatti, claims that former President Donald Trump's legal team has "contacted" him, and says he would be willing to testify.
The post Michael Avenatti: Trump’s Legal Team ‘Contacted’ Him, ‘More than Happy to Testify’ appeared first on Breitbart.
Rep. Bennie Thompson (D-MS) introduced legislation on Friday that targets former President Donald Trump and would take away his Secret Service protection if he is convicted in his trial.
The post Democrat Bennie Thompson Proposes Bill to Strip Trump of Secret Service Protection if Convicted, Sentenced to Jail appeared first on Breitbart.
Donald Trump continued to rip Justice Merchan for implementing an "unconstitutional" gag order that prevents him from "telling the truth."
The post Trial Day 4 — Donald Trump Slams Judge’s Gag Order: ‘They Can Say Anything They Want’ appeared first on Breitbart.
Court reporter Maggie Haberman's statement confirms a widely held belief among Republicans that former President Donald Trump will not receive a fair criminal trial.
The post Reporter: Potential Trump Jurors Are ‘More Left-of-Center Than Not’ appeared first on Breitbart.
Here is a breakdown of the 12 jurors seated in the trial of former President Donald Trump. The trial is taking place in solidly-Democrat Manhattan, making it challenging for Trump's defense to find fair and impartial jurors.
The post Who Are the 12 Jurors Seated in the Trump Hush Money Trial? appeared first on Breitbart.
One of two jurors who have been dismissed from former President Donald Trump's criminal trial in New York said the former president looked "bored" and "less orange."
The post Dismissed Trump Juror: Trump Looked ‘Bored,’ ‘Less Orange’ appeared first on Breitbart.
A woman whose son works for a House Democrat told the court that it would not affect her ability to serve as a juror on the Trump hush money case and be fair and impartial.
The post Potential Trump Case Juror Has Son Who Works for a House Democrat, Claims ‘No Feelings’ About Trump appeared first on Breitbart.
Former President Donald Trump said his political opponents are trying to get him off the campaign trail and suggested it does not seem to be working.
The post Trump: Political Opponents Trying to Get Me Off the Campaign Trail appeared first on Breitbart.
A prospective juror who reportedly told the court she could remain unbiased in former President Donald Trump's criminal trial admitted in an interview this week that she is "not a fan" of him, listing various reasons including his comments on China, which she claimed made her "angry."
The post Prospective Juror Who Said She Could Remain Unbiased Admits ‘Not a Fan’ of Trump appeared first on Breitbart.
Justice Merchan excused a second seated juror for unknown reasons during the third day of the Trump criminal trial.
The post Trump Trial Day 3: Judge Excuses Second Seated Juror for Unknown Reason appeared first on Breitbart.
New York Supreme Court Justice Juan Merchan reportedly warned court reporters on reporting about the "physical descriptions" of jurors in former President Donald Trump's criminal case.
The post Report: Judge Juan Merchan Warns Court Reporters About Writing ‘Physical Descriptions’ of Trump Jurors appeared first on Breitbart.
Judge Juan Merchan "abruptly" dismissed a previously approved juror after she raised concerns about her identity becoming public.
The post Judge Dismisses Trump Juror over Concerns About Her Identity Becoming Public appeared first on Breitbart.
Just over one-third, 35 percent, of individuals believe former President Donald Trump did something overtly "illegal."
The post Poll: Just 35% Believe Donald Trump Did Something ‘Illegal’ in Alvin Bragg’s Criminal Trial appeared first on Breitbart.
The judge presiding over former President Donald Trump's criminal trial swore in 7 jurors Tuesday, 4 men and 3 women from different backgrounds.
The post Meet 7 of Trump’s Jurors: Nurse, Foreman, Lawyers, Teacher, Engineer, Consultant appeared first on Breitbart.
Former President Donald Trump visited a bodega in New York City where a worker was attacked, robbed, and wrongfully prosecuted for murder by Manhattan District Attorney Alvin Bragg.
The post Donald Trump Visits NYC Bodega Where Worker Was Wrongfully Prosecuted by Alvin Bragg appeared first on Breitbart.
As day two of former President Donald Trump's hush money criminal trial continued, attorneys for the former president had a potential juror dismissed after they found posts calling for Trump to be jailed.
The post Potential Juror Dismissed After Trump’s Legal Team Finds ‘Lock Him Up’ Posts on Social Media appeared first on Breitbart.
Former President Donald Trump speaks in New York City following the second day of his trial by District Attorney Alvin Bragg on Tuesday, April 16.
The post Watch Live: Donald Trump Speaks in New York Following Second Day in Court appeared first on Breitbart.
The first six jurors were selected in former President Donald Trump's hush money trial on Tuesday afternoon, after a two-day process, whittled down from a potential 96 potential candidates.
The post First 6 Jurors Selected in Trump Hush Money Trial After Questioning of Anti-Trump Social Media Posts appeared first on Breitbart.
The judge reportedly allowed a juror who celebrated Donald Trump's 2020 election loss on social media to stay in the jury pool.
The post Report: Judge Allows Juror Who ‘Celebrated Trump’s Loss in 2020’ to Stay in Pool appeared first on Breitbart.
The judge overseeing former President Donald Trump's New York criminal case, New York Supreme Court Justice Juan Merchan, is a Biden donor, Trump lawyer Jesse Binnall said during an appearance on Breitbart News Daily.
The post Exclusive – Trump Lawyer: ‘Extremely Improper’ that Judge in Trump Criminal Case Is a Biden Donor appeared first on Breitbart.
Republican National Committee (RNC) Co-Chair Lara Trump praised her brother-in-law Barron Trump, describing him as "incredibly smart."
The post Exclusive — Lara Trump: Barron Trump ‘Incredibly Smart,’ Nobody Safe When He Bursts onto the Scene appeared first on Breitbart.
The prosecution in former President Donald Trump's criminal trial is attempting to "stack the deck" against Trump in the selection, Jesse Binnall said.
The post Exclusive — Trump Lawyer: Prosecution Seeks to ‘Stack the Deck Against’ Trump in Jury Selection appeared first on Breitbart.
The massive single-day haul supports Donald Trump's belief that his legal challenges might come back and haunt Democrats.
The post Lara Trump: Donald Trump Raised $1.5M After Day One of Trial appeared first on Breitbart.
Trump attorney Jesse Binnall gives an insider’s take on the state of play in former President Donald Trump’s court cases, including the so-called “hush money” trial underway this week in New York City.
The post Breitbart News Daily Podcast Ep. 518: Trump Attorney Jesse Binnall on the Trump Trials appeared first on Breitbart.
Donald Trump condemned his criminal trial on Tuesday, citing fresh polling that supports his premise of the political nature of the case.
The post Day 2: Donald Trump Says ‘Trial Is a Disgrace … Just Look at the Polls’ appeared first on Breitbart.
Thirty-four of the 96 potential jurors remain from the first pool in the juror selection process for President Donald Trump's criminal trial, court room journalists reported.
The post Trump Trial: At Least 50 Potential Jurors Excused from First Pool appeared first on Breitbart.
Former President Donald Trump after his first day in court as part of the hush money case blasted Judge Juan Merchan for likely not allowing him to attend his son Barron's graduation ceremony on May 17.
The post ‘Unjust Scam’: Trump Says He Will Likely Miss Son Barron’s Graduation Due to ‘Conflicted and Corrupt’ Judge appeared first on Breitbart.
Sen. Tim Scott told Breitbart News the trial Democrats are dragging Donald Trump through is only driving black voters away from Democrats.
The post Exclusive — Tim Scott: ‘Prejudiced’ Trump Trial an ‘Injustice’ Driving Black Voters to GOP, They Want ‘Fair Justice System’ appeared first on Breitbart.
As the first day of former President Donald Trump's hush money criminal trial came to an end, no jurors were selected out of almost a hundred prospective jurors after many of them said they lacked the ability to be impartial.
The post No Jurors Selected on Day One of Trump Hush Money Trial appeared first on Breitbart.
New York Times reporter Maggie Haberman claimed that Donald Trump appeared to "doze off" during his hush money criminal trial.
The post New York Times Reporter Maggie Haberman: Donald Trump ‘Appears to Doze Off’ During New York Trial appeared first on Breitbart.
MSNBC host Joy Reid said Monday on her network's coverage of former President Donald Trump's trial that it was "wonderfully poetic" the prosecutors in several of the cases against former President Donald Trump are black.
The post ‘Go DEI’: MSNBC’s Reid Calls Black People Prosecuting Trump ‘Wonderfully Poetic’ appeared first on Breitbart.
New York Supreme Court Justice Juan Merchan has yet to say that former President Donald Trump can attend his son Barron Trump's high school graduation, refusing to rule on the former president's request to not attend the trial that specific day for that event.
The post Judge May Force Trump to Skip Son Barron’s High School Graduation appeared first on Breitbart.
"This is really an attack on a political opponent," Donald Trump said about his criminal trial before entering a New York courtroom Monday.
The post Donald Trump Walks Into Trial: ‘Political Persecution … Honored to Be Here’ appeared first on Breitbart.
Former President Donald Trump's unprecedented criminal trial began Monday morning with jury selection, the first day of a process that could span two weeks.
The post Unprecedented Trump Criminal Trial Begins with Jury Selection appeared first on Breitbart.
An appeals court judge permitted the full Appellate Division First Department to consider relaxing a sweeping gag order against Donald Trump.
The post Judge Grants Donald Trump’s Request to Reconsider Gag Order appeared first on Breitbart.
A seven-page juror questionnaire was released by the judge overseeing former President Donald Trump's upcoming criminal trial in Manhattan.
The post Jury Questionnaire for Trump’s Hush Money Criminal Trial Released by Judge appeared first on Breitbart.
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