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lindysalsagal

(20,793 posts)
Sun Apr 21, 2024, 01:24 PM Apr 21

A friend of mine who worked in Justice in another state said they definitely could incarcerate TSF.

Last edited Sun Apr 21, 2024, 02:52 PM - Edit history (1)

He said they've got lots of closed prison wings that could be opened and have room for him and his SS staff.

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Irish_Dem

(47,928 posts)
3. Of course it is possible to jail Trump.
Sun Apr 21, 2024, 01:32 PM
Apr 21

All the disinformation about it is just an excuse by the court system.
And GOP.

Septua

(2,267 posts)
4. That's what it would take to shut him up (maybe) but...
Sun Apr 21, 2024, 01:37 PM
Apr 21

..I haven't heard any legal pundits optimistic about it happening, JUST BECAUSE HE'S A FORMER PRESIDENT. And 'they' (justice dept) know it's what Trump wants to happen. It's apparently a delicate issue for Merchan to consider.

onenote

(42,831 posts)
5. He's probably not going to be incarcerated in the New York fraud case.
Sun Apr 21, 2024, 01:46 PM
Apr 21

Last edited Sun Apr 21, 2024, 04:31 PM - Edit history (1)

First, I haven't seen a clear answer to whether Trump can be convicted of the lesser offense of falsification of business records in the second degree when the indictment only charges the more serious offense of falsification of business records in the first degree. I think
convicting him of the former charge should be a given. The more serious felony charge requires that he not only have committed falsification of business records in the second degree but also that he did so with the intent to commit another crime or to aid or conceal the commission thereof. That could be tricky because he hasn't been charged with any other specific crime and proving the latter element beyond a reasonable doubt might trip up some jurors.

But either way, the statistics indicate that only around 10 percent of those convicted of falsification of business records in New York are imprisoned. https://www.nytimes.com/2024/04/18/opinion/donald-trump-trial-prison.html

Dan

(3,589 posts)
6. Have not read the Indictment
Sun Apr 21, 2024, 02:03 PM
Apr 21

But I thought it included ‘Election Fraud’ or something like an Election crime with the intent to mislead???

onenote

(42,831 posts)
10. The indictment itself doesn't charge him with election fraud or even contain the word election.
Sun Apr 21, 2024, 04:41 PM
Apr 21
https://manhattanda.org/wp-content/uploads/2023/04/Donald-J.-Trump-Indictment.pdf

The "statement of facts" that accompanied the indictment makes clear that Trump is accused of falsifying business records in pursuit of attempt to influence the 2016 election. For example, according to the statement of facts,"the Defendant orchestrated a scheme with others to influence the 2016 presidential election by identifying and purchasing negative information about him to suppress its publication and benefit the Defendant’s electoral prospects. In order to execute the unlawful scheme, the participants violated election laws." Specifically, the statement of facts refers to Michael Cohen's guilty plea for making an unlawful campaign contribution.

https://manhattanda.org/wp-content/uploads/2023/04/2023-04-04-SOF.pdf

My concern is that Trump hasn't been charged with having made an illegal campaign contribution and his lawyers may try to use that fact, and attacks on Cohen's credibility, to confuse the jurors as to whether the second element of the first degree business falsification crime has been proven beyond a reasonable doubt as to Trump himself.

Silent3

(15,433 posts)
13. The evidence was good enough to earn Michael Cohen jail time...
Sun Apr 21, 2024, 05:53 PM
Apr 21

...for everything he did for "Unnamed Co-Conspirator 1". Doesn't that count for something?

onenote

(42,831 posts)
14. Hopefully. I think it does. The issue is whether the defense can create doubt in the jury
Sun Apr 21, 2024, 05:54 PM
Apr 21

by emphasizing that unlike Cohen, who plead guilty, Trump wasn't even charged.

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