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Trump has not committed a felony (this time)

Rawley said:
Statute of Limitations.
Failure to state a claim (the criminal equivalent)
prosecution misconduct/selective prosecution
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Where did you find this amusing word salad?
 
BlueTex said:
Where did you find this amusing word salad?
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Lawyers a shit load smarter than you and I that have been practicing in this area for decades.
 
Rawley said:
WTF does that have to do with the SOL?
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New York statutes of limitations pause when the accused is out of state for an extended period.

Rawley said:
We'll see. Given what we know, it;s quite doubtful
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Maybe it's actually just a Buffalo Wild Wings menu, you never know! This is definitely a possibility we should discuss as though it is reasonable.
Rawley said:
You've never heard of prosecutorial misconduct? Why are we not surprised.
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You and the mouse in your pocket misread.
 
Rawley said:
Lawyers a shit load smarter than you and I that have been practicing in this area for decades.
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Want to place bets on whether it is dismissed?
 
Deuce said:
New York statutes of limitations pause when the accused is out of state for an extended period.
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Nope
Deuce said:
Maybe it's actually just a Buffalo Wild Wings menu, you never know! This is definitely a possibility we should discuss as though it is reasonable.

You and the mouse in your pocket misread.
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Backatcha
 
Rawley said:
Lawyers a shit load smarter than you and I that have been practicing in this area for decades.
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The prosecutors are lawyers who are smarter than you.
 
Rawley said:
Statute of Limitations.
Failure to state a claim (the criminal equivalent)
prosecution misconduct/selective prosecution
Click to expand...
They haven't failed to state a crime...it is normal for it to be sealed until the arraignment. Also, the statute of limitations would have been up if he had stayed in NY, but he didn't...the law specifically says that the statute only can run if the person is residing in NY.
What misconduct? The GJ was presented with witnesses and evidence and THEY indicted him.
 
WorldWatcher said:
Both states and federal have campaign laws.

So it is possible to violation State level election law.

WW
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For state elections, not for Federal elections,.
 
Nickyjo said:
Btw, does anyone know a- how they came up with the $130k figure, and b- what Trump’s explanation is or has been about the purpose of the supposed reimbursement checks made out to Cohen?
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I believe from the documentation in the Cohen case.

Cohen was reimbursed (if you total the checks) for well over the $130K figure for his arranging the hush money.

WW
 
Rawley said:
Nope

Backatcha
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yes...
In some cases, a "tolling" of the statute of limitations may take place. This means that the statute of limitations is temporarily suspended, similar to pausing a timer. This generally occurs when a suspect goes into hiding or leaves the state where the crime was committed.

Most often, state statutes of limitations require a suspect to remain within the state, visible and employed. These nuances give law enforcement time to conduct an investigation within the area. On the other hand, if a suspect is in hiding or living out of state or out of the country, their statutory time clock will pause and only restart when the suspect returns to the area.
 
WorldWatcher said:
I believe from the documentation in the Cohen case.

Cohen was reimbursed (if you total the checks) for well over the $130K figure for his arranging the hush money.

WW
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Like Giuliani said: to give him a margin for paying taxes on it.
 
Rawley said:
For state elections, not for Federal elections,.
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Incorrect, because Federal elections still appear on state ballots and the elections are held in states, governed by state laws.
 
Last edited:
Rawley said:
For state elections, not for Federal elections,.
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It can be both a federal and a state violation. Although there haven't been charges handed down from the feds yet. Thus, we don't know that any of these charges are based on campaign finance violations.
 
ClaraD said:
yes...
In some cases, a "tolling" of the statute of limitations may take place. This means that the statute of limitations is temporarily suspended, similar to pausing a timer. This generally occurs when a suspect goes into hiding or leaves the state where the crime was committed.

Most often, state statutes of limitations require a suspect to remain within the state, visible and employed. These nuances give law enforcement time to conduct an investigation within the area. On the other hand, if a suspect is in hiding or living out of state or out of the country, their statutory time clock will pause and only restart when the suspect returns to the area.
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Like maybe during a pandemic?
 
ClaraD said:
They haven't failed to state a crime...it is normal for it to be sealed until the arraignment. Also, the statute of limitations would have been up if he had stayed in NY, but he didn't...the law specifically says that the statute only can run if the person is residing in NY.
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Nope.
ClaraD said:
What misconduct? The GJ was presented with witnesses and evidence and THEY indicted him.
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He ran his campaign explicitly on "Get Trump"
 
ClaraD said:
yes...
In some cases, a "tolling" of the statute of limitations may take place. This means that the statute of limitations is temporarily suspended, similar to pausing a timer. This generally occurs when a suspect goes into hiding or leaves the state where the crime was committed.

Most often, state statutes of limitations require a suspect to remain within the state, visible and employed. These nuances give law enforcement time to conduct an investigation within the area. On the other hand, if a suspect is in hiding or living out of state or out of the country, their statutory time clock will pause and only restart when the suspect returns to the area.
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Why aren't you citing the NY statute?
 
ClaraD said:
It can be both a federal and a state violation.
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Nope
ClaraD said:
Although there haven't been charges handed down from the feds yet. Thus, we don't know that any of these charges are based on campaign finance violations.
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DOJ looked at this for years and passed. FEC looked at this and passed.

Perhaps after tomorrow, you might realize they are blowing smoke up your hoo ha.
 
Rawley said:
Nope
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NYS Open Legislation | NYSenate.gov

www.nysenate.gov www.nysenate.gov

30.10.4(a)

(a) Any period following the commission of the offense during which
(i) the defendant was continuously outside this state or (ii) the
whereabouts of the defendant were continuously unknown and continuously
unascertainable by the exercise of reasonable diligence. However, in no
event shall the period of limitation be extended by more than five years
beyond the period otherwise applicable under subdivision two.

For felony charges, for any periods where the FPOTUS was living in D.C. or in FL and not physically present in NY state, then the SOL gets extended. One of the important words between "(i)" and "(ii)" is "or" meaning either condition can result in an extension. Also "Any period" isn't limited to one. Therefore multiple occurrences of absences can be stringed together.

WW
 
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