“ The judge stated in his ruling that the payments to Daniels, an adult film actress and director, were not related to presidential duties.
“The evidence overwhelmingly suggests that the matter was a purely a personal item of the President – a cover-up of an embarrassing event. Hush money paid to an adult film star is not related to a President’s official acts,” the judge wrote. “Whatever the standard, and whether it is high or low, Trump fails to satisfy it.”
The judge also rejected Trump’s argument that he should have immunity given his position as president at the time he signed reimbursement checks to Michael Cohen, his then-personal attorney who facilitated the hush money payment to Daniels, whose real name is Stephanie Clifford.
“Reimbursing Cohen for advancing hush money to Stephanie Clifford cannot be considered the performance of a constitutional duty. Falsifying business records to hide such reimbursement, and to transform the reimbursement into a business expense for Trump and income to Cohen, likewise does not relate to a presidential duty. Trump is not immune from the People’s prosecution in New York Supreme Court,” the judge found.
In another blow to Trump, the judge said that federal election law, the Federal Election Campaign Act, doesn’t pre-empt the state charges, falsifying a business record with the intent to commit or conceal another crime. Trump has signaled he will make the argument that the federal statute should preempt the state claim before the judge presiding over the case in state court.
“FECA does not preempt the application of a general state law to conduct related to a federal election except if the law, or its application, constitutes a specific regulation of conduct covered by FECA,” the judge wrote.
“The only elements are the falsification of business records, an intent to defraud, and an intent to commit or conceal another crime,” the judge said, adding, “Trump can be convicted of a felony even if he did not commit any crime beyond the falsification, so long as he intended to do so or to conceal such a crime.”
The judge also rejected Trump’s claim that the case should be moved to federal court because of hostility at the state level.
“There is no reason to believe that the New York judicial system would not be fair and give Trump equal justice under the law,” the judge wrote
http://www.cnn.com/2023/07/19/politics/hush-money-case-donald-trump/index.html
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