Comments by "shary K" (@Sharyk808) on "Is Trump's indictment ruling taking too long?" video.

  1. The crime is how the payments were documented on the books of the Trump Organization. This is a misdemeanor. I have a feeling the grand jury may indict as misdemeanor. But Cohen went to prison for felony. To be a felony, the defendant needs to have created the fake records with an intent to commit or conceal “another crime.” If the grand jury doesn’t vote in favor of prosecuting this case as a felony, it could direct the prosecutor to file a misdemeanor case instead. If the grand jury indicts, then the key will be what’s the prosecution’s theory about the “second crime” mentioned above. Is it a state crime? Some have pointed to a possible conspiracy charge under New York law, with the idea being that Trump conspired with others to make sure the affair didn’t come to light before the 2016 election. Others have suggested that a federal campaign finance violation could be in play. That’s what Michael Cohen pled guilty to back in 2018 New York law requires an “intent to defraud” in order for a jury to convict on a false business records charge. Trump’s attorneys could argue there was never any intent to defraud the Trump Organization — he is the company. The grand jury is usually made up of 23 people, and at least 16 who have heard the evidence need to be present to vote, but the decision does not have to be unanimous. If 12 members of the grand jury vote to indict, then the prosecution would draft up an indictment and the jury foreperson would sign it. If found guilty sentences is up to 4 years. The most cushiest federal prison is in Pensacola Florida. Would not surprise me if he doesn’t spend a few months then home arrest or probation.
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