Thursday, 5 September 2024

DRAFT FOR TRUMP TO SHOW THE CONVICTIONS FOR 34 FELONIES FOR NO HARM LACK LEGAL AUTHORITY, CHARACTERISTIC OF THE AUTHORITARIAN POLICE STATE AND TOTALITARIAN BUREAUCRACY

POLICE STATE VERSUS RULE OF LAW AND THE CONSTITUTION

THIS IS THE CONSTITUTIONAL ISSUE FOR THE SUPREME COURT

IF TRUMP APPLIES FOR ASYLUM IN SAY THE MEXICAN EMBASSY, THEY WILL IMMEDIATELY GET THAT TRUMP IS THE VICTIM OF LAWFARE, OF AN AUTHORITAN POLICE STATE, OF KILLER JUDGES TRYING TO OVERTHROW DEMOCRACY

TRUMP NOT ACCUSED OF MURDERING OR HARMING HIS OWN BUSINESS OR FALSIFYING OR DECEIVING SHAREHOLDERS, BANKS ETC

JUST OF ORGANIZING A RELATIVELY SMALL, ALTERNATIVE PAYMENT TO A PORN STAR WITH THE APPROVAL AND HELP OF HIS ACCOUNTANT, WHO SHOULD BE THE ONE FACING PRISON IF ANYONE IS

WARREN BUFFETT IS THE ONE WHO SHOULD BE FACING PRISON FOR DECEVING BERKSHIRE HATHAWAY SHAREHOLDERS ABOUT THE NATURE OF THE OFFICIAL PROSECUTOR PROBES IN GREECE HE AND HIS CO CHAIRS IN THE BMGF 

COULD RESULT IN ENTIRE BH STOCK BEING WIPED OUT UNDER 100S OF BILLIONS OF DOLLARS OF PENALTIES

MORE SOON


The jurors said they unanimously agreed that Trump falsified business records to conceal a $130,000 hush money payment to adult film star Stormy Daniels to influence the outcome of the 2016 election.

The records pertain to a payment of 130,000 USD to a Porn Star made by Trump s accountant Michael Cohen with Cohen s  knowledge and consent.

The sum paid to Cohen was recorded under various categories.

https://www.cbsnews.com/news/trump-charges-conviction-guilty-verdict/

Falsifying business records is a class one felony E category in NY because it is as a rule associated with manage financial harm to investors, banks etc.

In this case, there is no harm done. There is no physical harm, no harm to business parrners, no harm to anyone.

Yet harm to others and the severity of harm determines whether something is a crime.

Only if harm to others is shown can a government justify infringing on basic rights such as the right to liberty, freedom of speech guaranteed under the Constitution.

Questions of harm and proportionality distinguishes the police state from the rule of law and Constituion.

In a police state someone can be sentenced to 34 felonies and put in prison with no harm shown to anyone, for example, just for their political views or their race as in Nazi Germany.

The Constitution is there to prevent state overreach, to prevent minor administrative offences like parking a car in the wrong place or political views becoming a legal basis for imprisonment by an ot of control government disregarding rights.

The records were not falsified to obtain a loan or an investment or fool shareholders if they were falsified at all and not just an alternative method of accounting for a relatively small personal and private sum.

If Trump had recorded the 130 K payment in his records as hush money which Michael Cohen offered to pay Stormy Daniels, it would not be a crime.

To record the payment to Cohen to pay Daniels as an aggregate of smaller transactions is not a crime as the payment itself, its purpose and size is not a crime.

We are not talking about falsifying records to hide a gigantic multi million dollar loss to investors to lure more investments or secure a loan.

We are talking about a method of payment which caused no harm or loss to anyone but Trump and involving three consenting adults, Trump, his accountant and the Porn Star.

So, is Trump guilty of falsifying records or organizing an alternative payment method?

Michael Cohen apparantly proposed and certainly agreed to the deal. So, why is he not convicted of 34 felonies instead of Trump for giving Trump the wrong advice? 

Cohen was Trump s accountant and so bore especial responsibility for giving Trump sound legal advice. If these 34 records constituted 34 felonies under NY law then Cohen should stopped them occuring and told Trump to pay Daniels from his personal account or one of his families personal bank accounts.

Cohen was paid by Trump to give him vital information and prevent him breaking the law.

How truthful are Cohen s claims against Trump when as an accountant agreed of his free will to the deal in the first place?

The notion this was done to influence the 2016 election is speculative and irrelevant as countless actions were done by Trump and Biden and Obama to influence the outcome of the election. 

Why does the prosecutor single out this payment as decisive for influencing the election? What is the basis? Have studies been done on this? Polls taken? Models made?

The claims of the Porn star were all over the media.

It is, in fact, far more likely, the method of payment was done to avoid personal and family embarrassment. Trump is married and has a teenage son and young grandchildren.

The motive may have been personal and not political.

Moreover, we now know that Joe Biden s mental decline was downplayed and hidden to influence the 2020 election and withhold from voters that he was not able to execute his office. This is a substantial and relevant deceit.

When we look at class E felonies we notice a common denominator.

It is harm.

Examples of class E felonies are

Aggravated sexual abuse in the fourth degree (a violent felony)

Criminal mischief in the third degree (painting significant graffiti onto the wall of a building that doesn’t belong to you, for example)

Arson in the fourth degree (recklessly damaging someone else’s car with a fire you set, for instance)

Computer tampering in the third degree

Criminal possession of stolen property in the fourth degree

Welfare fraud in the fourth degree

Rape in the third degree

Falsifying business records in the fourth degree

Criminal sale of cannabis in the third degree

Criminal sexual act in the third degree

https://rendelmanlaw.com/what-is-a-new-york-class-e-felony/

The common denominator is clear

It is harm, an action which causes loss and harm, to a person or to property, to the government or to a business.

Excluded from felonies are the vast majority of daily actions which do not cause harm or loss to others, like losing a golf ball in the rough.

If, for example, the owner of a golf club sought to corrupt a local judge to condemn to prison and exorbitant fines every golfer who lost a ball in the rough on the grounds of harm it would be laughed out of court.

https://www.npr.org/2024/05/30/g-s1-1848/trump-hush-money-trial-34-counts

Yet no harm to anyone has been shown in the Trump business records.

It has not been shown even to be falsification of records.

We are not talking about falsifying records to hide a gigantic multi million dollar loss to investors to lure more investments or secure a loan, which has resulted in substantial losses for deceived investors.

Falsifying business records is a class one felony in NY because it is as a rule associated with manage financial harm to investors, banks etc.

In this case, there is no harm done.


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