Thursday, September 28, 2023

The Convict President: Trump & the 25th Amendment Shuffle

Let us suppose that Trump is convicted in the Washington D.C. case  and the New York case, but in the latter only of a misdemeanor. (See Conjectures & Arguments, Philosophy & Law: Legal Problems of the New York Criminal Case against Trump.) In the Florida case he benefits either from postponement until after the election from the hand of his appointee Judge Canon or from her Judgment of Acquittal (Federal Rule of Criminal Procedure 29, which, when granted after the jury is sworn, is unappealable).

Wednesday, September 13, 2023

Legal Problems of the New York Criminal Case against Trump

In the case brought by the New York County District Attorney,  Trump’s goose would be pretty well cooked on the misdemeanor Falsification of Business Records in the Second Degree, NYPL. §175.05. There are 34 counts of the indictment listing e.g., invoices and checks falsified to cover up the hush money payments made via Michael Cohen to Stormy Daniels. That is, it would be cooked but for the two year misdemeanor statute of limitations.

Did Trump committed the felony of falsification of business records in the first degree, §175.10, for which there is no limitations problem?