Donald Trump’s attempts to drag his porn star-hush money case away from New York’s state courts and once again hide behind his presidential credentials has given prosecutors a little-noticed ace in their pocket—one they can now use to bolster their case.
It was no surprise, then, that Trump tried moving the case to federal court, where any trial appeals would lead straight to the Supreme Court, which has a 6-to-3 conservative majority sustained by three people Trump placed there while president.
“He testified that he was not aware of any retainer agreement with Cohen, that Cohen's invoices did not contain descriptions of the work he did, and that the ledger entries for Cohen similarly did not describe his work,” the judge later wrote incredulously. “Garten testified that he did not know if Cohen actually worked on any matters referred to him by the Trump Organization.
“The only elements are the falsification of business records, an intent to defraud, and an intent to commit or conceal another crime. The People need not establish that Trump or any other person actually violated [New York or federal election laws,]” Hellerstein wrote. “Trump can be convicted of a felony even if he did not commit any crime beyond the falsification, so long as he intended to do so or to conceal such a crime.
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