Democrats rejoiced at the news that Manhattan District Attorney Alvin Bragg intends to arrest Donald Trump.
But Democrats might have popped the champagne corks too soon.
And now Democrats just learned some brutal news about arresting Donald Trump.
The Soros-funded Bragg plans to indict Trump on charges of falsifying business records to conceal payments to Michael Cohen as legal expenses when it was really to pay back Cohen for paying Stormy Daniels $130,000 during the 2016 campaign.
Falsifying business records in New York is a misdemeanor with a two-year statute of limitations meaning the charges are stale and Bragg cannot prosecute Trump.
However, in New York falsifying business records becomes a Class E felony punishable up to four years if committed to conceal another crime.
To make the Trump case a felony — and even in this case there are questions about the statute of limitations being five years since the payments to Cohen from Trump happened in 2017 — Bragg is claiming the falsified business records were done to conceal a campaign finance violation.
Bragg’s office is trying to argue that a federal campaign finance violation — prosecutors forced Cohen to plead guilty to trying to influence the election with the payment to Daniels — met the criteria of another crime.
Even Democrats understand this is tortured logic especially considering federal prosecutors did not bring charges against Trump for accepting an illegal campaign contribution nor did the Federal Election Commission rule Trump’s campaign violated the law.
Democrats understand there is a very good chance Bragg will lose this case.
Dems have longed for Trump to face legal accountability. But many fear his first court test could be a political loser for them, and undermine future cases against him, Axios’ Alexi McCammond reports.
It’s “an open-and-shut, books-and-records misdemeanor,” Norm Eisen, attorney and senior Brookings fellow, told reporters on a press call yesterday. “Now, to elevate it to a felony is more complicated.”
David Pepper, former chair of the Ohio Democratic Party, said: “[T]here are far more serious crimes for which he should also be held to account.”
The early polling data also showed a surge in support after voters learned a Democrat prosecutor wanted to jail Trump on violating a federal law that the Justice Department did not deem an illegal act.
2024 National Republican Primary: Trump Posts Strongest Lead Yet Over DeSantis
• Trump — 54%
• DeSantis — 26%
• Pence — 7%
• Haley — 4%
• Cheney — 3%
• Noem — 1%
• Pompeo — 1%
• T. Scott — 1%
• Ramaswamy — 1%@MorningConsult | 3,394 RV | 03/19https://t.co/dQctcc1IMp pic.twitter.com/4URJTNKWNx
— InteractivePolls (@IAPolls2022) March 21, 2023
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