That’s a great find. Definitely something I was looking for. Thanks.
I posted in the Indictment threat that Trumps 34 counts consist of falsifying business records that basically affect three different types of “other crimes” to bump these all to felonies. This helps clarify it for me, maybe it’ll help others:
1 - NY law about NY stuff (e.g. NY tax law about NY taxes not paid);
2 - NY law about Federal stuff (NY election law about federal election stuff);
3 - Federal law about federal election stuff (same as 2, but based on a federal election law).
I skimmed your link, and your lists re: the “other crime” that makes this a felony, seems to be all about No. 1 - crimes tied to NY laws about NY stuff (mostly defrauded NY entities). I did not go through each one so would definitely be open to fact checking.
No. 2 doesn’t appear controversial - as far as what other experts are saying.
No. 3 - federal law about federal stuff, is what is uncharted (no appellate decisions/clarity on whether the intent of the “other crimes” was meant to involve other jurisdictional crimes). Very well could be, but just an unknown as far as the Courts are concerned (it’s never come up to be addressed). It will in Trump’s case if he doesn’t plea out.
So, even if Trump somehow gets out of 3, it still leaves a lot of felonies that are likely to be upheld. There’s no legal way to get out of No. 1 - that would have to be a purely factual defense.
There are some Statute of Limitations issues in play, but I expect those to be denied by trial court and dealt with at the appellate level and survive there.
Finally, the misdemeanor part of all this is slam dunk case legally/factually.