Manhattan District Attorney Alvin Bragg, center right, at a press conference in New York on Dec. 14, 2022.
A New York Times review and interviews with election law experts strongly suggest that New York state prosecutors have never before filed an election law case involving a federal campaign. Bringing an untested case against anyone, let alone a former president of the United States, carries the risk that a court could throw out or narrow the case.
Trump’s lawyers have said that the theory that the money amounted to a campaign donation is fatally flawed. One of the lawyers recently argued in television interviews that Trump approved the payment to protect his family from false accusations, noting that Trump has long denied a sexual encounter with Daniels.
Yet the text of New York election law suggests otherwise. It defines a campaign contribution, in part, as “any thing of value, made in connection” with an election. “Generally, someone can’t be prosecuted for violating a contribution limit in a federal election in a state court,” said Richard L. Hasen, a law professor at the University of California, Los Angeles, who specializes in election law.
Their apprehension stemmed partly from a lack of precedent — the only cases like this had ended in guilty pleas, meaning they were not tested in the courts — as well as from New York law, which suggests that federal crimes are out of bounds for New York prosecutors. Any state election law that the district attorney might pair with the falsifying business records charge may have to make it through a gantlet: Federal campaign finance law explicitly states that it overrides — preempts, in legal terminology — state election law when it comes to campaign donation limits.
Entertainment Entertainment Latest News, Entertainment Entertainment Headlines
Similar News:You can also read news stories similar to this one that we have collected from other news sources.
Source: MSNBC - 🏆 469. / 51 Read more »