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Reason
Reason
Jacob Sullum

The Shaky New York Case Against Trump Reeks of Desperation To Punish a Reviled Political Opponent

The New York indictment of Donald Trump, which won't be unsealed until he is arraigned early next week, reportedly includes "more than two dozen counts." That's a surprisingly large number if the case is based entirely on the $130,000 that Trump lawyer Michael Cohen paid porn star Stormy Daniels in 2016 to keep her from talking about her alleged 2006 affair with Trump. The litany of charges reinforces the impression that Manhattan District Attorney Alvin Bragg, a Democrat, is trying to justify this belated and dubious prosecution by transforming minor misconduct into a case that looks serious until you consider the underlying allegations.

According to reporting based on anonymous sources close to the investigation, Bragg is relying mainly on a state law that makes it a misdemeanor to falsify business records "with intent to defraud." Trump, who reimbursed Cohen for the hush payment to Daniels, allegedly broke that law when his business misrepresented the reimbursement as payment for legal services under a nonexistent retainer agreement. If the Trump Organization recorded the payment in more than one document, those records could be the basis for several counts under this statute. But each of those counts would still be a Class A misdemeanor, punishable by a maximum fine of $1,000 and/or up to 364 days in jail.

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