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Path to Trump conviction fraught with difficulties, lawyers say

Donald Trump’s lawyers have dismissed 34 counts against the 76-year-old Republican mogul. Pictured: US President Donald Trump speaks at the “Face Our Future” event at the White House in Washington, DC. June 27, 2018 | Fountain: AFP

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Lawyers said on Wednesday that Donald Trump’s historic indictment will have to overcome a long series of hurdles if it is to lead to the former United States president’s first criminal conviction.

As expected, lawyers Donald Trump The 34-count indictment against the 76-year-old Republican mogul was dropped Tuesday at a historic hearing in New York.

“This accusation was a little disappointing, but, frankly, a little reassuring,” lawyer Joe Takopina said on NBC. “This business will collapse under its own weight.”

Even some of the former president’s fiercest critics seemed disappointed in the case filed by Manhattan District Attorney Alvin Bragg, a Democrat who Donald Trump accused of conducting a “witch hunt”.

John Bolton, former national security adviser Donald Trump became one of his biggest critics, told CNN that the charge was “even weaker” than he feared.

“Like a man who really doesn’t want Donald Trump get a Republican inauguration in the presidential election, I am extremely shocked by this case.

“I think it could be easily dismissed or lead to a quick acquittal Trump”.

Trump impeachment?

The mogul is accused of falsifying documents in a series of payments to cover up three cases on the eve of the November 2016 election. In particular, the payment of $ 130,000 to pornographic actress Stormy Daniels, with whom he vehemently denies in 2006.

His then-lawyer Michael Cohen claims that he arranged the payment to Daniels, and that Donald Trump He reimbursed him the money, allegedly passing it off as legal expenses on the accounts of his company. Trump organization.

Misdemeanor payments became felony because, according to the indictment, they were made “with the intent to commit another crime”.

But the document does not specify what this other crime is, and here the matter may become more complicated.

At a press conference, Bragg said the payments were part of a plan orchestrated by Donald TrumpCohen and others to “suppress negative information” and improve their chances of being elected.

“This plan violated New York’s election laws, making it criminal to conspire to promote a candidacy through illegal means,” he said.

However, it is legally questionable whether it can be established that Donald Trump he violated New York’s electoral law by running for president rather than statehood.

Ellen Yaroshevsky, a professor of law at Hofstra University, said prosecutors could find it difficult to “prove that false business records were made with the intent to influence an election.”

“Disappointment”

Andre McCabe, a former FBI deputy director, told CNN the indictment is “a disappointment.”

“What is the legal theory that links a very serious misdemeanor… to an attempt to cover up another crime, making it a felony?” – he asked.

“If all of our lawyer friends don’t see a way to arrive at a criminal case by reading the indictment, it’s hard to imagine how a jury can be convinced.”

Another possible stumbling block for prosecutors could be Cohen, convicted of paying off a pornographic actress and tax evasion, among other crimes.

Lawyers Donald Trump question his credibility, now that he is a convicted felon and a vocal critic of his former boss.

William Banks, a professor of law at Syracuse University, said the case was “fraught” with difficulties and the allegations pale in comparison to the danger he could face. Donald Trump in other investigations.

Banks referred to the Georgia case, which is being investigated by the prosecutor’s office Donald Trump for trying to overturn the results of the 2020 presidential election in the southern state.

Also under scrutiny is his role in the storming of the Capitol on January 6, 2021 by his supporters, as well as the alleged mishandling of classified documents he took from the White House to his Florida residence.

Richard Hasen, professor of law at UCLA, said prosecutors would have to prove that Donald Trump he knew he was violating campaign finance laws with his payments.

“Demonstrating intent can always be a difficult task,” he wrote in Slate magazine, referring to the case of John Edwards, a two-time Democratic presidential candidate.

Edwards appeared in court in 2012 on charges of violating campaign finance laws in connection with payments to his mistress, but the jury did not reach an agreement.

However, not all lawyers close the case.

Barbara McQuaid, a former district attorney and now a professor at the University of Michigan, says she thinks he’s “very strong.”

“This case relies heavily on documents, which are usually very strong evidence because, unlike witnesses, documents don’t lie and documents don’t forget,” he told AFP.

(According to AFP)

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Source: RPP

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