Alvin Bragg says Trump tried to conceal “another crime.” What crime?

Jury Selection Begins in Criminal Case Against Donald Trump

As jury selection begins this week in the New York criminal case against Donald Trump, we should revisit the question of exactly how Manhattan District Attorney Alvin Bragg plans to transform the former president’s alleged falsification of business records into 34 felonies. Bragg, who is pursuing the first-ever prosecution of a former president, has cited several possible legal theories, and all of them are problematic in one way or another.

The Sustainable Development Goals (SDGs)

1. No Poverty
2. Zero Hunger
3. Good Health and Well-being
4. Quality Education
5. Gender Equality
6. Clean Water and Sanitation
7. Affordable and Clean Energy
8. Decent Work and Economic Growth
9. Industry, Innovation, and Infrastructure
10. Reduced Inequalities
11. Sustainable Cities and Communities
12. Responsible Consumption and Production
13. Climate Action
14. Life Below Water
15. Life on Land
16. Peace, Justice, and Strong Institutions
17. Partnerships for the Goals

The Case Against Trump

“The heart of the case,” Bragg says, is Trump’s attempt to influence the outcome of the 2016 presidential election by covering up his purported affair with porn star Stormy Daniels. As Bragg sees it, Trump “corrupt[ed] a presidential election” by hiding negative information from voters. Because there is nothing inherently illegal about that, Bragg is relying on a dubious chain of reasoning to charge Trump with felonies under New York law.

The Legal Theories

• The Federal Election Campaign Act

It is not clear that Trump violated that law, and the Justice Department evidently concluded there was not enough evidence to prosecute him for doing so. Given the fuzziness of the distinction between personal and campaign expenditures, it is plausible that Trump did not think the hush payment was illegal, in which case he did not “knowingly and willfully” violate the statute, as required for a conviction. And if so, it is hard to see how his intent in falsifying business records could have included an intent to conceal a violation of federal campaign finance law.

• Section 17-152 of the New York Election Law

That provision says “any two or more persons who conspire to promote or prevent the election of any person to a public office by unlawful means and which conspiracy is acted upon by one or more of the parties thereto, shall be guilty of a misdemeanor.” But as the Times notes, “Federal campaign finance law explicitly states that it overrides—pre-empts, in legal terminology—state election law when it comes to campaign donation limits.”

• Sections 1801(a)(3) and 1802 of the New York Tax Law

Section 1801(a)(3) applies to anyone who “knowingly supplies or submits materially false or fraudulent information in connection with any return, audit, investigation, or proceeding.” Section 1802 applies to “criminal tax fraud,” which includes filing a fraudulent return.

• Sections 175.05 and 175.10 of the New York Penal Law

These are the same provisions that Trump allegedly violated by mischaracterizing his payments to Cohen. This theory presumably would require additional violations of the law against falsifying business records that the 34 counts listed in the indictment either facilitated or helped conceal.

After taking a long, hard look at potential state charges against Trump stemming from the payment to Daniels, Vance concluded they were too iffy to pursue. Now Bragg is desperately looking for a legal pretext to punish what he takes to be the essence of Trump’s crime: keeping from voters information they might have deemed relevant in choosing between him and Hillary Clinton. But that is not a crime, and treating it as 34 felonies stretches the bounds of credulity as well as the bounds of the law.

SDGs, Targets, and Indicators

1. Which SDGs are addressed or connected to the issues highlighted in the article?

• SDG 16: Peace, Justice, and Strong Institutions

The article discusses the criminal case against Donald Trump and the legal theories being used to charge him with felonies. This issue is connected to SDG 16, which aims to promote peaceful and inclusive societies, provide access to justice for all, and build effective, accountable, and inclusive institutions at all levels.

2. What specific targets under those SDGs can be identified based on the article’s content?

• Target 16.6: Develop effective, accountable, and transparent institutions at all levels
• Target 16.7: Ensure responsive, inclusive, participatory, and representative decision-making at all levels
• Target 16.10: Ensure public access to information and protect fundamental freedoms, in accordance with national legislation and international agreements

The article highlights the legal theories being used to charge Donald Trump and the need for effective, accountable, and transparent institutions to ensure justice is served. It also discusses the importance of decision-making processes that are inclusive and representative. Additionally, it mentions the need for public access to information and the protection of fundamental freedoms.

3. Are there any indicators mentioned or implied in the article that can be used to measure progress towards the identified targets?

• Indicator 16.6.1: Primary government expenditures as a proportion of original approved budget, by sector (e.g., education, health, etc.)
• Indicator 16.7.1: Proportions of positions (by sex, age, persons with disabilities, and population groups) in public institutions (national and local legislatures, public service, and judiciary) compared to national distributions
• Indicator 16.10.1: Number of verified cases of killing, kidnapping, enforced disappearance, arbitrary detention and torture of journalists, associated media personnel, trade unionists and human rights advocates in the previous 12 months

The article does not explicitly mention indicators, but based on the targets identified, the following indicators can be used to measure progress towards those targets. These indicators focus on government expenditures, representation in public institutions, and cases of violence against journalists, media personnel, trade unionists, and human rights advocates.

Table: SDGs, Targets, and Indicators

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Source: reason.com

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