For Manhattan D.A. Alvin Bragg to secure a felony conviction under New York's records falsification statute, he'll have to prove that Trump's having misclassified the hush money payments was done in furtherance of some other criminal activity. In this case, the only conceivable criminal activity resulting from the misclassified payments—it is not a crime to pay hush money to a porn star, at least not yet—is a campaign finance violation. Even that is tenuous, as we saw when the Obama Justice Department tried, and failed, to secure a campaign finance conviction against John Edwards on a similar theory. We're in banana republic territory. A local prosecutor indicting a former president and the current president's chief political rival is the sort of thing you expect in Venezuela or some African dictatorship, not the United States. But under this administration, which has weaponized the Justice Department against its political opponents, it's not all that unbelievable. Convicting Donald Trump for some sort of crime connected to his alleged affair with porn star Stormy Daniels means taking the word of said porn star and a guy like Michael Cohen, serial liar and convicted felon, over the word of someone many people think also has the disposable morality of a porn star and the trustworthiness of a serial liar, Trump himself. That's likely going to be up to a Manhattan jury. A grand jury setting means Bragg faced little opposition in laying out his case, as the not-quite-a-defendant is not represented. So, no cross examination, no motions to suppress evidence, no hammering away at Michael Cohen as perhaps the least credible witness of all time.
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