...[O]n or about February 14, 2017, with intent to defraud and intent to commit another crime and aid and conceal the commission thereof, [Defendant] made and caused a false entry in the business records of an enterprise, to wit, an invoice from Michael Cohen dated February 14, 2017, marked as a record of the Donald J. Trump Revocable Trust, and kept and maintained by the Trump Organization.
The crime of falsifying business records with "intent to defraud" by itself would be a misdemeanor. It's the alleged "intent to commit" a second crime, and "intent to aid and conceal" the second crime, that elevates the crime of falsifying business records from a misdemeanor to a felony.
But what is the second crime? The Indictment doesn't say. Instead, Manhattan DA Alvin Bragg filed a pleading bearing the same case number as the Indictment called "Statement of Facts". It's signed by Bragg as DA, not the grand jury foreperson. It reads like a list of overt acts supporting a conspiracy charge. But there is no conspiracy charge in the Indictment.
Did the grand jury vote on the Statement of Facts? Did they unanimously agree with it? What legal weight does it hold, if any?
Does this Indictment put Trump on notice as to what he must defend against? If not, does it at least state a crime so that it can be saved by a Bill of Particulars?
Why did they charge a violation of the same criminal statute on the same dates in so many separate counts? It seems multiplicitous, although the prosecution may claim it's not because each count requires proof of a different fact: a fraudulent invoice from Cohen to Trump; the reimbursement check disguised as income to Cohen for recently provided legal services when no such services were provided or contemplated; and a record of the falsely designated payments maintained in the Trump Organization's ledgers.
To me, this Indictment is like half of the proverbial ham sandwich and missing the mustard. I was expecting more. To be sure, this post is not in support of Donald Trump or his legal predicament. In my personal view, neither he nor his children have ever been and will never be competent or worthy of a seat in any elected office, let alone the oval office.
Also of note: Trump added a new lawyer to his team yesterday, Todd Blanche, a former federal prosecutor who resigned from his white collar defense firm in order to take Trump's case, calling it an opportunity he just couldn't pass up. How did Trump find him? He successfully got state mortgage fraud charges against Paul Manafort dismissed on double jeopardy grounds.
Still on board: Joe Tacopina (a personal friend whom I've known since he first became a defense lawyer after leaving the Brooklyn DA's office, and whom I regard as a talented and fearless criminal defense lawyer) and Susan Necheles, also a veteran and highly accomplished defense attorney (whom I do not know personally, only by her highly respected status in the New York criminal defense community).
Joe and Todd Blanche were interviewed leaving the courthouse today. Joe said the defense team is like one happy family and he's honored to be part of the team. Unfortunately, playing nicely with others is not something we criminal defense lawyers excel at. There has to be a captain of the ship and egos often clash or get in the way. So I'll take the first part of that comment as a "What do you expect me to say?" type answer and the second part as true.
******
Trump's speech tonight was appalling in its utter mendacity. He still claims the election was stolen and he won. He viciously attacked the Bidens over and over. He attacked the Georgia investigation and the the investigation into his possession of classified records, misstating the facts and the law. He drudged up Hillary's emails. He said our country is worse than a third world country, neglecting to say that if we are, he is the one responsible. Most of the audience looked like they were there for the cocktails (which they were probably charged for, along with the water).
And this one he might regret: He called Judge Merchan, presiding over is criminal case in NY
a "Trump hating judge with a Trump-hating wife and family. His daughter worked for Kamala Harris. And now receives money from the Biden-Harris campaign and a lot of it".
And then the inevitable call to action: "Incredibly we are now a failing nation. We are a nation in decline. And now these radical-left lunatics want to interfere with our elections by using law enforcement. We can't let that happen."
Contrary to his closing sentence, there is no dark cloud over the United States. It's just over him and rightfully so.
Missing from his speech: any reference to his wife. He said he has a great family, and singled out his two sons who were in the audience, his son Barron and daughters Tiffany and Ivanka. He talked about how much they have suffered. [He did everything but play Linda Ronstadt's "Poor Poor Pitiful Me"). But I didn't hear a word about his wife.
Somewhat ironic were the song choices that played shortly before he came out -- especially David Bowie's "Rebel, Rebel" ("Hot Tramp, I Love You So".) I doubt it was meant to be an ode to Stormy Daniels. Perhaps he was referring to himself. It fits him.
