As a nonexpert in NY criminal procedure, I was curious about why any of Trump's falsified-business-records-porn-star-hush-money charges wouldn't be outside NY's 5 year (for the felony) and 2 year (for the misdemeanor) statue of limitations. The offenses allegedly occurred in 2017. But NY stops the clock for periods where the defendant is continuously out of state. Had he moved back to NYC instead of FL after leaving the WH, he might have beaten the misdemeanor rap.

https://www.nysenate.gov/legislation/laws/CPL/30.10

Legislation

NY State Senate

Note that paying hush money to a porn star does not, as far as I can tell, in and of itself violate NY law. But falsifying records to cover up the fact that you're paying hush money to a porn star does.

(I just like writing "paying hush money to a porn star" in relation to Trump. It makes me smile).

Try it yourself. Say "Donald Trump is likely to be indicted for falsifying records to cover up paying hush money to a porn star." You can't help but smile.
It feels like the crime Trump was born to commit.

@mattblaze Yet it's somehow just about the most victimless and technical of the crimes of which he has been credibly accused, which include literal rape. Shit like that changes an individual's life, and he skates away.

Fran Leibowitz famously said of DJT "everything that can be wrong with a human being is wrong with that man." A corrollary: it's kind of hard to find any part of the criminal code that he hasn't smeared his feces on.

But I'm gonna work on smiling more this week. Thanks.

@rose @mattblaze I agree. These feels like a technicality compared to things he did openly.
@cgervasi @rose There's no rule that says he can only be charged with one crime. This may well be but the first in a series.
@rose @mattblaze Honestly the most shocking part of this particular scandal was finding out that he was apparently a reasonable client (at least so far as we know and so far as Ms. Daniels has disclosed) who paid Ms. Daniels promptly. Given his noted propensity for stiffing contractors and his general... personality... I would have bet and lost substantial amounts of money against either possibility.
@rose Yes, but tax fraud was probably the least terrible thing Al Capone ever did. Sometimes the penny-ante stuff is what takes big criminals down.
@cherold @rose and i say as i did in 2016...and several times since then....may the Mango Menace end like Capone and die broken, powerless, poor, alone, and riddled with syphillis in Florida.

@johnettesnuggs @cherold @rose
I'm glad that NY is apparently indicting the chump. I want to watch the long drawn out decay of that horrible person as each case drains more of his resources and isolates him further.

I'm especially looking forward to when some of his co-conspirators start having to start making cooperation agreements and testify against him to save themselves from some of the consequences they deserve.

@GreenFire @johnettesnuggs @cherold

No need to wait - Allen Weisselberg and Michael Cohen are both current examples of that.

As for draining his resources, it does seem like he is able to manipulate each crisis, including the current one, into a successful fund-raising opportunity.

@rose @johnettesnuggs @cherold
That chump might be close to having drained his base of their dough. He'll always be able to raise some, but I doubt he'll be able to keep it up high enough to cover the costs for all of the criminal and civil cases he's facing. https://www.nbcnews.com/politics/donald-trump/trump-revamps-fundraising-struggling-2024-presidential-campaign-rcna65779
Trump revamps his fundraising after struggling to raise cash

Donald Trump is strapped for cash following the mid-November launch of his 2024 presidential campaign, according to figures obtained exclusively by NBC News.

NBC News
@GreenFire @rose @cherold my biggest questions are when is the arrest and can they live stream it???

@johnettesnuggs @rose @cherold
Yeah sounds good, but as always with him he's going to spin the media story in a way that helps himself and don't forget that he's the only one that is pushing the story about him getting arrested.

We shouldn't get so excited that we expect something to happen that might not work out the way we want it to.

@GreenFire @rose @cherold oh i know...when i heard he tweeted about it, i thought, "that's a dog whistle to his followers..."
@rose @mattblaze While the most technical and victimless crime, it reminds me of "It's not the crime, it's the cover-up" - it's the crime that indicates he had the mens rea for understanding that something else he did was a crime.
@mattblaze I disagree with those who think this is somehow a trivial crime. It combines election cheating and misogyny - two of Trump’s most disgusting propensities.
@heidilifeldman @mattblaze I agree. ALSO it really is a huge reminder of what a scumbag he is, and how hypocritical Evangelicals are for supporting him. "Trump paid off porn star" is not something you can defend when you pretend to have the nation's moral compass in your corner.
@Litzz11 @heidilifeldman @mattblaze "WERE supporting him". They seem to have soured on him as of late, because he no longer goes to church or puts anything in the collection plate...
https://www.vanityfair.com/news/2022/12/evangelicals-donald-trump-2024
“We Will Get Destroyed”: Evangelicals Are Quietly Ditching Donald Trump’s 2024 Bid

Several prominent pastors say their congregations are looking to others like Mike Pence and Ron DeSantis to steer the Republican Party back on track. “Donald Trump has to go,” as one evangelical columnist put it.

Vanity Fair
@heidilifeldman @mattblaze @Litzz11 It’s kind of tempting to go protest an arrest with a sign that says “He didn’t pay for sex, just her silence!” A nice, pro-criminal protest sign that unnerves your fellow protestors!
@heidilifeldman Indeed. It also embodies his hubris and arrogance - the crime is a product of his ingrained sense of entitlement that he can always buy his way out of responsibility and accountability.

@heidilifeldman @mattblaze
The most minor examples of both of them I can think of, knowing what he did. Idk, get him for something.

In my dream world, I would like to see him investigated & convicted for treason. I live in WI. They were fully prepared to toss my vote, my family's vote—incl my gr niece's 1st vote—and I would like to see him held accountable, along w most of the WIGOP, who went along with his plans. If the parties had been flipped, do you think there would be no arrests yet?

@MHowell @heidilifeldman @mattblaze They got Capone on tax evasion. I'll be happy no matter what.

I do tend to think that there is an avalanche risk here as well; once Trump is arrested the first time, it becomes easier to do so the second time. And the third. And the fourth....

@jkfecke @heidilifeldman @mattblaze
I would be happy to see that, for the example that even if you are rich, famous, and powerful, the law still applies. It's a sickness that is corrupting our society, along with being able to buy a politician. Bob Lafollette, one of WI's most famous sons, fought for the rights of the individual against the power of corporations and the wealthy. Without it, we are a fragmented society.
@heidilifeldman and shady money dealings
@heidilifeldman @mattblaze I'll be happy if the journalists quit calling it the weakest of all the charges pending against Trump. It is by far the most imminent. And it's got his attention...
@mattblaze There are many crimes he was born to commit. With any luck, he'll get arrested for all of them...
#TrumpWatch
@mattblaze Tawdry in the beginning, tawdry in the middle, and tawdry in the end…
@mattblaze Not to harsh any buzz, but when I say "DJT hasn't been called to account for his role in an attempted coup and may never be," the wave of nausea I feel wipes any smile I might have right off my face.
@rose Take the little victories as they come.
@mattblaze Probably, he also used it as a tax write-off, and that may be another crime too...felony perhaps.

@wmreddy @mattblaze

I'm not a lawyer but I'm pretty sure Trump using campaign donations to pay off a porn star is criminal, yeah?

@mattblaze lines straight out of Corinthians
@mattblaze I had some whitty quip about this but even replying as a joke felt slimy.

@mattblaze It means he cheated in the election.

He stole the White House, then packed the courts with Gilead-level psychos.

Not smiling.

@mattblaze My worry is that this midemenor prosecution could screw up the more important Federal and Georgia cases.
@mattblaze amazingly i am catching up the Good Fight only 7 yrs late and have just got to episode where Trump is to be indicted for paying hush to a porn star

@lilianedwards @mattblaze

I don't have that much hope for him paying any real punishment for the things he's done or enabled. Men like him aren't brought to their knees very often.

Of course I'll be glad if he does, but Cheney/Bush never did.

@mattblaze credit to Alvin Bragg for carrying it this far despite possible threats from the MAGA community.
@mattblaze i start to crack up at the "paying hush money to a porn star" part
@mattblaze It's more complicated than that. Falsifying those records would only be a misdemeanor, unless it's to cover up another crime. Here, that other crime is election law violations—the DA's office is claiming that the intent of the payments was to aid his campaign, making it an illegal campaign contribution.
@SteveBellovin Yes, thats why I mentioned both the felony and misdemeanor.
@mattblaze It’s tax/bank fraud they are going for, IMO
@mattblaze
At least you said "smile," not "tingle."
@mattblaze I would also assume there is tolling during times when he can't be legally charged.
@halfcocked Not in the statute, at least. Just out of state or not reasonably locatable.

@mattblaze @halfcocked

There was special "tolling" for COVID. I was told that his move to FL also stopped the clock. So the SoL has not lapsed or this would not be happening. Also, this is more-likely-than-not a felony because it was done in the furtherance of another crime.

@bruce_korb @halfcocked Yes, that's literally what my post said.

@mattblaze @halfcocked

I did add that there was extra time for COVID. That's what keeps it alive for certain. The DA is mum about their pondering about the doesn't-live-in-NY part. IANAL anywhere, let alone NY, so my knowledge on that part is limited to lawyers who play lawyers on interview TV.

@mattblaze @halfcocked In these situations, tolling includes (1) time allocated to presidential immunity (4 years); (2) plus Gov. Cuomo issued an order tolling all SOLs during the Covid epidemic; (3) finally, any later criminal activities by the defendant (such as witness tampering) as part of his criminal scheme will extend the statute accordingly.
@mattblaze Good overview of tfg's legal problems here in NYT https://t.co/quUebUuYrO
Dissecting Charges That Could Arise From the Trump Investigations

Prosecutors in New York, Georgia and the Justice Department face complex choices about what crimes to charge if they decide to indict Donald Trump.

The New York Times
@mattblaze You've got to start somewhere.