Originally posted by: Bob Orme
Mark wrote: "Whose interpretation of the law are you going to believe career Federal prosecutors in NY or Bob's? I know which side I come down on."
That's the beauty of a plea deal. The career Federal prosecuters in NY didn't have to prove for some of the charges that he actually committed any crimes.
That is not how it works Bob. Prosecutors have to establish a factual basis for any crime someone pleads guilty to. You can't plead guilty to something that isn't a crime. In other words, if it were as you said and not a crime, then Cohen couldn't have pled guilty to it. The judge would have said there is no crime here and dismissed those charges.
I understand you may not know how this stuff works and you don't want to face the fact that Trump committed these felonies but you are wildly misstating what the actual law is in this area.
Here is how Judge Napolitano explained how what you say isn't a crime is, in fact, a crime.
“A very, very telling statement came out of the judge’s mouth yesterday,” Napolitano said. “The judge finding that the president ordered and paid for Michael Cohen to commit a crime.”
He added, “That is very telling.”
Host Steve Doocy then asked, “What crime?”
“The intentional deception and failure to report campaign payments,” Napolitano answered.
Doocy argued that “Donald Trump has said that that was not a campaign violation because it wasn’t involving the campaign. It was a damage control payment.”
Napolitano replied, “Unfortunately, the president wasn’t in the courtroom. And the people who were, the federal prosecutors, who had a statement from David Pecker, the guy that owns the National Enquirer, said it was for the campaign. The prosecutor said it was for the campaign. Michael Cohen said it was for the campaign."
If the campaign had made “an honest mistake” then they could have corrected it, but “if you do this as a scheme to hide it, then it’s not a civil wrong, it’s a crime. That’s what the judge found yesterday.”
The former judge also dismissed the idea that the case of former Democratic presidential candidate John Edwards shows that Cohen’s crime does not implicate Trump.
“John Edwards’ case actually hurts the president. Because John Edwards’ lawyers made a motion to dismiss the indictment saying it’s not a crime and the judge published an opinion saying why it’s a crime.
“But the fact of the matter is, any scheme to defraud the government by failing to report what must be reported is a crime,” he said.
You can watch a video of this exchange here.