On A Related Topic 🐎

Trump team considers Hail Mary plan to avoid hush-money felony conviction: reporthttps://t.co/PtWETrZDTt

— Raw Story (@RawStory) April 11, 2024

Now, obviously he doesn’t want” a conviction, the source told Politico. “But a misdemeanor conviction in state court in Manhattan is going to have absolutely no effect on this guy’s ability to run for office or on his liberty.” 

Under New York law, at any time before the case goes to the jury, Trump’s defense could ask the judge to give jurors an option of convicting him on lesser misdemeanor offenses of falsifying business records instead of the felonies. 

Politico reported that to convict on misdemeanors, the jury would need to be convinced that he falsified business expenses, but not that he did so to commit or conceal another crime — which a felony conviction requires.

 That’s not a “Hail Mary.” It’s actually a perfectly reasonable criminal defense posture.

Obviously the first line of defense is:,”It’s not true and they can’t prove it!” But you always want a second line of defense. If the jury thinks, “No, they did prove it,” the second line is: “But what did they prove? What if they only proved a misdemeanor?”

Here it gets a bit technical (they don’t do this on TeeVee; but TeeVee lies), but the defense needs the judge to put that option in the jury charge, or the jury only has the either/or of felony/no felony. Give them the option of “or misdemeanor instead,” they might take it.

Of course, they might think felony too serious a charge and vote to acquit, given no other option, so it’s a risk either way. But that’s what makes horse races, and jury trials.

I'm hoping he insists on testifying and perjures himself. Maybe in time to see his chief financial officer in prison.

A politician on trial for perjury is almost too perfect. Could the NYT at last call Trump a liar? 🤥