Why Was Trump’s Conviction a Felony and Not a Misdemeanor?
Well, it happened. President Trump was convicted of felony falsification of business records based on the testimony of a porn actor and a serial liar, who confessed to a felony WHILE TESTIFYING. As Alvin Bragg celebrates to thunderous applause and his acolytes laugh maniacally behind him drinking Pellegrino, it becomes clear that we’ve gone full Roman Republic.
The recent conviction of former President Donald Trump for falsifying business records in New York City has sparked outrage. It’s also ironically broken President Trump’s donation site, as millions of Americans logged on to give to him in light of the vulgar verdict. Mostly because of the absurdity of it, but also because there’s really no precedent for it, aside from nebulous campaign finance mumbo-jumbo that was never clear. This case is particularly significant because it involves a US President, who is currently running for reelection, and the rampant use of the now ubiquitous term “lawfare” to further one candidate’s chances of winning reelection (or, in this case and as the polls show…losing by slightly less).
The whole thing is crazy to even think about. A sitting president (you know he was behind this in some way, it’s too stupid and overt to be anyone else) bringing a barrage of charges to punish his political rival. We’ve gone off a cliff if this conviction stands (it won’t), toward full-blown totalitarianism. The establishment hacks who are driving the car are pretty proud today. But those of us who respect the rule of law, love our country, and believe in supporting our democracy even when it’s difficult are not sharing in their celebratory cackles; we are mobilizing and giving in record numbers to ensure this wrong is righted.
Let’s take a minute to try and at least make some basic sense out of the charges and why it was a felony instead of a misdemeanor. If you’re like me even knowing what they are doesn’t really make it any better, because we have something called precedent that means we can compare this case to others throughout our republic’s history. A few people come to mind, in fact I’ve said a number of times that Joe Biden is the spitting image of Richard Nixon, not in appearance but in action. Nixon established the totalitarian Department of Education, the so-called Environmental Protection Agency, and so many other tools in the modern Democrat’s bag to lead through fear and money hoarding. That’s the basis for the modern Dems’ fervent conviction to the “Climate Crisis”, it’s a money making venture, just like all 16 of President Biden’s shell companies that sell no product and provide no service.
The Jury instructions in Trump’s case were FIFTY-FIVE pages long , single-spaced (and I’ll add that the jury was not allowed to bring this document into deliberations), and modern legal scholars have mentioned that it was longer than any jury instructions they’ve experienced. And they were just as unintelligible as the charges themselves. You can read those in the link above, I can tell you they are surreal. I’m not an attorney, and even I can see that the overt skirting of law in these instructions is palpable. Ben Shapiro said that the instructions were “in fact jury nullification and judicial nullification…this trial was certainly about getting Donald Trump”.
The Judge himself, Judge Juan Merchan, is a known Republican-Hater, being a member of a group called “STOP REPUBLICANS” along with donations to several high-level DNC foundations. And most importantly, his daughter is a major fundraising marketer and president of a DNC group and a vocal opponent of President Trump. You’d think that these things would be enough for a judge to recuse himself, especially in light of the raucous calls for Supreme Court Justices Alito and Thomas to recuse themselves from several recent decisions, simply because they or their spouses have some loose connection to republican groups. But the fact is that participating in politics does not constitute bias. Apparently. I guess.
But what really got me was the fact that the case was allowed to continue at all, but once again the battlecry of ELECTION INTERFERENCE get’s traction, the delusional Democrats will stop at nothing to nullify the election as they continue to project their crimes onto others by way of kangaroo courts tantamount to The Great Purge in Soviet Russia. If you remember waaaaay back in 2016, amid calls to “LOCK HER UP!”, newly President Donald Trump said that prosecuting Hillary would be “tyrranical”, and it was not fair to prosecute her becuase of her position. How quickly that Democrat line changed to “LOCK HIM UP!”, without the same temperance.
The biggest rally cry heard yesterday from the left in light of the despotic verdict is that “the man running for president is a felon”, which clearly indicates that it was the left’s goal throughout the circus that they created from the beginning. Heck, even this angry old man took to the streets to dream of the despotic hellscape that Trump would usher in. They had video created and ready for it. They had attack ads running minutes after the election. But WHY is something that has become so commonplace suddenly a felony vs a misdemeanor? I’ll go into the legal aspects below, full disclosure this was from another document, so you’ll see the language from that document intermingled with my “far-right extremist” thoughts 😏.
The main point is that when the commission of the “crime” is coupled with attempts to conceal or commit another crime, it becomes a felony in NYS. The basic idea was that Donald J Trump, former president of the United States of America, used this crime in order to illicitly gain the office of the President. I’m of the opinion that this very fact was conspicuously absent from the entire proceeding. It was never even mentioned and it’s still not really mentioned in light of the verdict. And it’s the entire reason for the felony according to rabid leftist judges. You’ll see in the bullets below that, despite it being several bullets long, it basically repeats itself: fraudulent intent to conceal another crime.
Legal Framework
Under New York Penal Law, falsifying business records can be prosecuted as either a misdemeanor or a felony. The distinction lies primarily in the intent and the consequences of the falsification:
Misdemeanor (New York Penal Law § 175.05):
- Involves making or causing a false entry in the business records of an enterprise. (as I understand it, Michael “The Fixer” Cohen took it upon himself to cook the books, and even after confessing ON THE STAND to committing another felony, the man was the prosecution’s star witness ¯\_(ツ)_/¯ )
- Typically applies when the act does not have a broader fraudulent intent beyond the false entry itself.
Felony (New York Penal Law § 175.10):
- Applies when the falsification is intended to conceal another crime, commit fraud, or gain an unlawful advantage. (I couldn’t prove this because it came from an editorial article, but I’d venture to say that last part was added in response to the Trump trial and wasn’t originally in the statute.)
- The intent behind the act is critical, as it elevates the severity of the offense.
The Case Against Trump
President Trump’s case revolves around allegations that he falsified business records to conceal illicit payments made during his 2016 presidential campaign. These payments were purportedly made to silence allegations from a sex-worker that could have damaged his campaign, although they were never really proven or made clear. Apparently, Judge Merchan (or his DNC fundraising daughter) weren’t very concerned about that. I think we know why. Also, the irony that the people who convicted him of influencing the election are overtly influencing the election is not lost on this lowly writer.
The term “nebulous” has been used by right wing pundits for the past two months, and with good reason. The charges against one in an American court of law are supposed to be explained thoroughly, understood deeply by all sides, and followed to the letter and intent. This did not happen in President Trump’s case, and the reason for that is that it would have immediately been clear that it is outside the bounds of both the the letter AND the intent of the law. But our modern lawfare agencies don’t let themselves be bothered by that, using the law to directly influence the outcome of an American election.
The fact that it was allowed to move forward at all in this case was mind-blowing, because it flew in the face of every other conviction in the history of New York State. Nearly all of the convictions were against corporations, and the ones that were not were ponzi schemes and clear violations of the law. In President Trump’s case it was as stretch to even bring the charges, much less reach a conviction by 12 really angry men and women who clearly don’t like “the orange man”.
If you’re on Twitter at all, you’ll invariably see squishy Rs and celebratory Ds all talking about the “Rule of Law”, which is just the most deeply ironic thing I’ve seen from modern Democrats. The Rule of Law would say that President Trump was never prosecuted at all. Remember when Trump decided it would be wrong to prosecute Hillary Clinton because it was a “threat to the rule of law”? I think most of us are regretting our moral high ground today.
Below you’ll find even more biased analysis of why the case was a felony conviction, mostly drawn from MSNBC and NY statutory law, which are unfortunately in the same vein today. But you’ll also see some editorializing by me.
Key aspects that contributed to the felony classification include:
Intent to Conceal Another Crime:
- Prosecutors argued that the falsification of records was intended to hide the true nature of the payments, which were meant to influence the outcome of the election; something that was unclear from the start and even more murky each day Judge Merchan abused the justice system at the behest of President Biden.
- This technically aligns with the criteria for a felony, so long as the charge for influencing the outcome of an election is proven (it wasn’t and can’t be by its very nature), which no one is talking about for some reason, except for far right organizations. Also, and I’m being very obtusely redundant here, this is the exact thing that our current Commander-In-Chief is exacting.
Fraudulent Intent:
- The prosecution presented evidence suggesting that the falsification was not a mere oversight or simple misreporting, but a deliberate attempt to deceive. Michael Cohen…exists… and testified to the commission of yet another crime, therefore this could not be true, but Merchan didn’t let that stop him.
- In doing so, ironically, they uncovered the actual misdealings of their star witness, Michael Cohen, who accidentally kopped to stealing $30k from the Trump campaign. Surely he’ll be charged, right??? Nope.
Magnitude and Impact:
- The scale of the falsification and its potential impact on the electoral process added weight to the decision to pursue felony charges. (I watched every day of trial coverage and this was not apparent).
- High-profile cases with significant public interest often see stricter enforcement to uphold the integrity of legal and electoral systems. 😳
- You might notice that all of these bullets that show the felony distinction, really come down to one thing: Orange man is bad. “Old man in white house cannot mathematically win, therefore make orange bad man into a felon.”
Judicial Discretion
Another important factor is the discretion exercised by prosecutors and judges in such cases. High-profile defendants, especially those with significant political influence, may face more rigorous scrutiny to ensure that justice is served impartially and transparently. The decision to charge Trump with a felony reflects the seriousness with which the judicial system views the alleged offenses. <— Now, this is just silly in the year of our Lord 2024. Basically, the writer says that because he was a President, he should get the book thrown at him. In reality, he would (or rather should) get leniency because of that position and his immunity that has been granted to Nixon, Clinton, Bush, Obama, and every other president in the last century. However at the very least, and in the interest of the RULE OF LAW, he should be treated the same as a citizen.
But again: “orange man bad”.
Moral and Ethical Considerations
From a Christian moral perspective, the principle of honesty in all dealings is paramount. Falsifying business records to deceive or gain an unfair advantage goes against the teachings of integrity and truthfulness. If Donald Trump did that, we should know about it and be able to weigh that in our decision to vote for or against him. Proverbs 12:22 states, “The Lord detests lying lips, but he delights in people who are trustworthy.” Upholding these values is essential, regardless of one’s position or influence, and that’s an inarguable fact.
That said, the Bible also has a lot to say about bearing false witness (Ex 20:16), Ruling from righteousness (Prov 29:2), being above reproach (1Tim 3:1-5), and that PRIDE GOETH BEFORE DESTRUCTION (Prov 16:18). The fact that President Biden is so obviously behind this very thinly veiled ruse is really disgusting, and quite disturbing. The fact that ANY Americans have gone along with it is even worse.
I keep having intrusive thoughts about The Great Purge (or Terror), was a campaign by Josef Stalin to consolidate his power using the court systems in Russia and remove the influence of Leon Trotsky. Sound familiar? It had to start somewhere, and this was 15 years after the Bolshevik revolution that ushered in what we view as modern communism. It started with subversion of the court system, where Levrentiy Beria, a despicable human being, famously stated “Show me the man and I’ll find you the crime”.
The rule of law in America is the backbone of our entire republic. When that goes away, we can kiss any semblance of Democracy goodbye. When we stay silent while our rights are eroded, nay, bulldozed, we hurt the entire republic. We rely on our system to keep us out of these nasty spiderwebs, and to keep things fair. President Biden (or rather his handlers and puppet-masters) can do what they want with impunity, because:
ORANGE. MAN. BAAAAD!!!
