Democracy Has Prevailed.

January 31, 2023

ICYMI: This Is What's Happening

From the NYTimes:

The Manhattan district attorney’s office on Monday began presenting evidence to a grand jury about Donald J. Trump’s role in paying hush money to a porn star during his 2016 presidential campaign, laying the groundwork for potential criminal charges against the former president in the coming months, according to people with knowledge of the matter.

The grand jury was recently impaneled, and the beginning of witness testimony represents a clear signal that the district attorney, Alvin L. Bragg, is nearing a decision about whether to charge Mr. Trump.

And for some context:

For prosecutors, the core of any possible case is the way in which Mr. Trump reimbursed Mr. Cohen for the $130,000 he paid Ms. Daniels and how the company recorded that payment. According to court papers in Mr. Cohen’s federal case, Mr. Trump’s company falsely identified the reimbursements as legal expenses.

The district attorney’s office now appears to be focusing on whether erroneously classifying the payments to Mr. Cohen as a legal expense ran afoul of a New York law that prohibits the falsifying of business records.

Violations of that law can be charged as a misdemeanor. To make it a felony, prosecutors would need to show that Mr. Trump falsified the records to help commit or conceal a second crime — in this case, violating a New York State election law, according to a person with knowledge of the matter. That second aspect has largely gone untested, and would therefore make for a risky legal case against any defendant, let alone the former president.

Interesting. 

And then there's this from the AP:

Former President Donald Trump and his allies have been put on notice by a prosecutor, but the warning didn’t come from anyone at the Justice Department.

It was from a Georgia prosecutor who indicated she was likely to seek criminal charges soon in a two-year election subversion probe. In trying to block the release of a special grand jury’s report, Fulton County District Attorney Fani Willis argued in court last week that decisions in the case were “imminent” and that the report’s publication could jeopardize the rights of “future defendants.”

Though Willis, a Democrat, didn’t mention Trump by name, her comments marked the first time a prosecutor in any of several current investigations tied to the Republican former president has hinted that charges could be forthcoming. The remarks ratcheted anticipation that an investigation focused, in part, on Trump’s call with Georgia’s secretary of state could conclude before ongoing federal probes.

In case you missed it.