Ken WhiteApr 5, 2023

I’m in Rolling Stone on the indictment

https://www.rollingstone.com/politics/political-commentary/alvin-bragg-trump-case-still-mystery-1234709858/

What's Trump's Indictment is Missing

The Manhattan DA released the indictment today after Trump’s arraignment, but we still don’t know enough to evaluate the prosecution

Rolling Stone
Show threadJohn BrewerApr 5, 2023
@Popehat I think I heard somewhere (possibly your podcast) that in New York the prosecution only has to show intent to commit the secondary crime to prove felony falsification of documents. Is that not correct?
Show threadKen WhiteApr 5, 2023
@jbrewer_jera Not on Serious Trouble I think. Need to show intent to defraud too.
Show threadJohn BrewerApr 5, 2023
@Popehat Here’s the source I was thinking of. It covers New York State case law around falsifying documents, and how “intent to defraud” means something very different here than it does in federal law.
https://www.justsecurity.org/85831/the-broad-scope-of-intent-to-defraud-in-the-new-york-crime-of-falsifying-business-records/
The Broad Scope of “Intent to Defraud” in the New York Crime of Falsifying Business Records

"While there are other legal hurdles for the Manhattan DA to cross in the indictment of the former president, this element of the relevant offenses poses no obstacle..."

Just Security
Show threadKen White
@jbrewer_jera Yep. Linked in the article.
Apr 5, 2023 at 4:20amWeb
Show threadJohn BrewerApr 5, 2023

@Popehat Oops! Missed it because of the link text.

Thanks as always for your work making this stuff accessible to a lay audience.