The hush money show trial - a possible "middle way"

At tne end of my earlier post (scroll down) I predicted that NY persecutor Alvin Braggart would not succeed in getting convictions on the 34 felony charges brought against President Trump, in an effort to keep him from winning the next presidential election. Our legal beagle says there's a reasonable doubt that any "crimes" were covered up, there being nothing wrong [especially in New York! Ed.] with two consenting adults having a casual roll in the hay.

Former New York state judge Ethan Greenberg, writing in the Wall Street Journal, opines that "it’s entirely conceivable that the jury could conclude that Mr Trump deliberately falsified business records but did so merely to avoid public embarrassment and marital trouble, rather than to cover up another crime." 

That, the learned judge explains, could make the former president guilty of misdemeanor charges, rather than the felony charges he now faces. The judge wrote that Mr Trump's lawyers could "gamble" by requesting the judge instruct the jury to "consider 34 misdemeanor counts of falsifying business records in the second degree" in what is known as a "lesser included offense," or "LIO".

Calling the LIO a "hedge," Judge Greenberg added, "With each of the 34 felony counts carrying a sentence of up to four years, Mr Trump theoretically could get what amounts to a life sentence." But, he added, "it would be less risky to ask the jury to consider misdemeanor charges, which because of New York merger rules would at most sentence the former president to two years in jail."

If Judge Merchan instructs the jury to consider only the felony charges and it concludes that Mr Trump falsified business records but lacked the intent to cover up another crime then the former president will be acquitted. But either the prosecution or the defence can ask the jury to alternatively consider misdemeanor charges, or the judge can put those charges to the jury on his own hook. As things stand now, only the felony charges are in play. Stay tuned.