The Legally and Morally Flawed Case Against Trump
Philip Holloway | Mar 20, 2023
The opinions expressed by columnists are their own and do not necessarily represent the views of Townhall.com.
AP Photo/Alex Brandon
Although we don’t yet know entirely how it will be structured, enough of the Manhattan District Attorney’s case against Trump has found its way into the public domain so that we know the general parameters. The centerpiece of the case is a misdemeanor charge under Section 175 for supposedly falsifying his business records. The theory is that Trump paid his former lawyer $130,000.00 in a series of reimbursements to Cohen and labeled them as legal expenses to conceal that the money was really to pay Adult Film Actress, Stormy Daniels for a nondisclosure agreement and that somehow this scheme violated federal election laws.
From a legal perspective, this bizarre wielding of State prosecutorial power in pursuit of what is essentially an alleged federal crime is seriously flawed.
For starters, it is not a crime to be a philanderer, if in fact Trump did have an affair with Ms. Daniels. She has claimed publicly that there was no affair – but who knows. It is not a crime for Trump to pay so-called “hush money” either. I hate it when people call it that. It is a legal contract called a “nondisclosure agreement” and it is not in the least uncommon. Particularly for a celebrity who is a married man with many business interests. There are myriad reasons – unrelated to his Presidential Campaign – for Trump to pay the money to Ms. Daniels.
The case is legally flawed for a second major reason. Specifically the Manhattan DA has a major Statute of Limitations problem.
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READ MORE: https://townhall.com/columnists/philipholloway/2023/03/20/the-potential-pending-indictment-against-former-president-trump-is-flawed-both-legally-and-morally-n2620881
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Nobody who’s paying attention needs me to tell them that Trump is not in friendly territory. The DA and nearly all politicians in New York are democrats and Trump is the bane of every democrat’s existence. One hopes Trump will find a fair-minded and impartial judge who won’t be afraid to do the right thing and dismiss any legally defective indictment, but I am not holding my breath. I can’t even begin to ponder how Donald Trump would find a fair jury in New York.
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