Pod Save America "The Arrest Is History."
Apr 5, 2023
Join legal experts Leah Litman and Kate Shaw as they unpack the complexities surrounding Donald Trump's historic arraignment for 34 felony counts. They dive into the legal intricacies of campaign finance, the elevation of misdemeanors to felonies, and the unique challenges faced by prosecutors dealing with a former president. The discussion touches on the implications for democratic integrity, the threat to judicial safety, and the ever-present tension within the legal proceedings. It's a deep dive into a pivotal moment in American politics!
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Novel Legal Theory
- Falsifying business records is a misdemeanor, but becomes a felony when done to conceal another crime.
- This case involves a novel legal theory because the other crime is federal, not state.
Unspecified Crimes
- In New York, it isn't required to specify other crimes when charging someone with a felony.
- This explains why Bragg didn't detail the state and federal crimes Trump concealed in the statement of facts.
Intent to Influence
- The released statement of facts suggests that Trump wanted to delay hush money payments until after the 2016 election.
- This implies the payments were intended to influence the election, strengthening the case.