Not Trivial

[Jarqui]

8. This tweet nailed the NY case for me:

Link to tweet

Andrew Weissmann 🌻@AWeissmann_

Why is everyone torturing themselves as to the various possible bases of a felony “bump up” in the Trump indictment- a second false biz filing intended to further the first false biz filing suffices, and so on.

5:00 AM · Apr 5, 2023


Jefferson@jeffersonalle

Replying to @AWeissmann_

Misdemeanor to cover a misdemeanor becomes felony?


Andrew Weissmann 🌻@AWeissmann_

Replying to @jeffersonalle
yes, that is the law in NY; if you are committing one crime to further or cover up another crime it is more serious, and thus it is a felony, even if the two are misdemeanors.

People, including Bragg, had been talking about these felony "bump ups"
NY State Election law violation
Federal Election law violation (would have been setting a precedent to use Federal violation to bump a state misdemeanor)
Tax violation by the Trump business expensing the Cohen payments which would reduce taxes by more than $3,000 (a felony)

There's no question the 34 charges were misdemeanors.
But with Weissmann's point, if accurate (and it very like it coming from Weissmann), they can nail him on these 34 felonies or the bulk of them if there are other technicalities raised.

A % in the public polling think what Trump did was unethical not not a violation of the law. 34 convictions of misdemeanors would alter that some. 34 convictions of felonies would cement public perception further.

Bragg appears to have brought a case that is quite solid but I don't think he's close to done. This is just his first volley.