@Teri_Kanefield@mastodon.social
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Teri_Kanefield

@Teri_Kanefield@mastodon.social

Former appellate defender and UC Berkeley Law graduate. My practice was limited to representing indigents on appeal.

I’ve written more than a dozen books and published more than 50 short pieces in The Washington Post, Cnn.com, and others. My book prizes include the Jane Addams Book Award.

Tfr

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Teri_Kanefield, to random
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I am going to answer this question for everyone:

https://mastodon.social/@timothyjohnson@mastodon.sdf.org/112349635246409685

My answer is here:

https://mastodon.social/

Remember:

There were possible crimes, but tax and reporting crimes are not election interference.

There is also a circular thing with Cohen and Pecker telling the court that they expected Trump to pay back the hush money payments.

If they expected to get paid back, it was a loan to Trump and not a contribution. Right?

Teri_Kanefield,
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The clear crime is that Trump didn't report the reimbursements in accordance with FECA rules.

But FECA violations are nothing burgers resulting in fines. I'm pretty sure the Obama and Clinton campaigns paid fines.

No biggie.

It would have been unnecessary to bring in Pecker to talk about the hush money case.

That's why some people like Jed and Hassen are cynically suggesting that the election interference framing was a political choice.

Teri_Kanefield,
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@smurthys

My point is that the crime would be easy to prove, but the whole case would be a nothing burger if that was the crime alleged.

Teri_Kanefield, (edited )
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BTW: I expected more people to misunderstand my blog post and think I am saying there were no crimes.

My title "Where's the Beef" is because I went in circles looking for the "election interference" beef.

The beef I found was not election interference and was more like watered down beef stew.

To continue the beef metaphor, a burger but a nothing burger. (Did that make sense LOL?)

Teri_Kanefield,
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@imbou

You know he was acquitted, right? (not guilty on some charges, mistrial on others)

The case was so flawed that the prosecution didn't bring the charges again.

If I were a prosecutor I would not want my charges compared to a flop.

At the time, the prosecution was mocked for what was called a political hit job.

Teri_Kanefield,
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@Hash "blocking news of his immorality with other women" is not a crime.

Teri_Kanefield,
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@yacc143

Depends on (1) whether paying an invoice that includes expenses is criminal and (2) how Trump deducted it on his taxes.

The proseuction has talked about Cohen's taxes but not Trump's. They've said the the crime (if any) would be helping Cohen cheat and that would be difficult.

You are proving my point: People spend time digging for a posisble crime.

At this stage, the prosecution's legal theory should be clear.

Teri_Kanefield, to random
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By the way, I always post here first because people will tell me my errors (without being rude LOL).

I don't hire a proofreader because I don't monetize. I feel like I should get double pay for today's blog post, but 2 x zero = zero 😂

Also I tend to discuss ideas here first because I get so many smart and interesting responses.

I think I've either muted, blocked, or scared away the people who like to yell at me.

Teri_Kanefield,
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@robinadams So far all we know is what happened in oral arguments, right?

If so, at this point we're just waiting to see what the Court does, so it seems like it's just reading the leaves and speculating on what comes next.

Teri_Kanefield, to random
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Okay, I finished this week's blog post.

This took me a long time.

About 3 hours ago, I was sure it made sense. Then I kept working. I hope it still makes sense LOL.

https://terikanefield.com/wheres-the-beef-trumps-manhattan-criminal-case-and-some-mind-bending-legal-puzzles/

I discuss the criminal liability for behaving like a gold-plated bucket of slime and offer a few mind-bending legal puzzles.

It's super fun, sort of.

Teri_Kanefield,
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@rdnielsen The agreement does not establish that federal election law was violated.

In fact, the defense will get an instruction to the jury that Cohen's guilty plea (and Pecker's ackowledgement of guilt and payment of fine does not mean Trump committed a crime.

Not everyone connected to an act has liability.

Pleading guilty means it was never proven in court.

Teri_Kanefield,
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@soundclamp

Every crime requires a mens rea, or a mental component. If you ride in a stolen car without knowing it was stolen, you can't be held criminally liable.

Google Aiding and Abetting or Accessory After the Fact (Cornel Law School has a good site with these definitions) and take a look at the elements.

Teri_Kanefield,
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@kkeller Correct.

Teri_Kanefield,
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@rdnielsen This was a good question. I am going to add it to the blog post.

Teri_Kanefield,
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@rdnielsen The juror's assessment of the facts cannot be questioned on appeal. But if the law is incorrectly applied, meaning the judge gives bad instructions, yes, an appeal can succeed.

Teri_Kanefield, (edited )
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@dswidow

A law that was "never used" ?

Just the headline is alarming. If a law was never used, but is being used now, you have a problem.

Also "twisty" seems to mean "lots of twists and turns to get there."

There were probably crimes in there, but the prosecution has not laid out a clear theory which is why people are working so hard to find one.

Teri_Kanefield,
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@timothyjohnson

When I read the opening arguments, I thought, "I would have filed a motion to dismiss."

So I looked and the defense did that. In the response, the government listed lots of possible crimes, so they withstood the motion to dismiss.

There are possible crimes, but the case is being framed as "election interference" even though the possible crimes are not.

That's why Jed and others think it was a cynical political ploy for headlines.

They may get a tax conviction.

Teri_Kanefield,
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@timothyjohnson I am going to answer this for everyone if you don't mind.

If you mind, let me know and I'll delete.

Teri_Kanefield, to random
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I am almost finished with this week's blog post.

Meanwhile, my 3-year old neice (grand niece? what do I call my niece's daughter?) taught me to play hide and seek.

Here's how:

💠 I tell her where I'll hide.
💠She closes her eyes and counts to 10.
💠When she reaches 10, she opens her eyes and looks for me.
💠It does't take long to find me.
💠Then we laugh.

I suspect I am supposed to tell her where I will hide so she doesn't feel scared when she opens her eyes and doesn't see me.

Teri_Kanefield,
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@meredithw I thought object permanence had to do with it.

I called it a sophisticated game of peek-a-boo.

Teri_Kanefield, (edited ) to random
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If you read my weekend blog post, you know that I've been pointing out that the predicate crime in the Trump trial is not clear.

(For what I mean, see my weekend blog post).

Here is what the Washington Post reported.

See screenshots #1 and #2.

Here is the law: https://www.nysenate.gov/legislation/laws/ELN/17-152?utm_medium=email&wpisrc=nl-nationalpopup&utm_source=newsletter&utm_campaign=wp_the_trump_trials

To be clear: I have no idea how this trial will turn out. I cannot substitute my judgment for the jury because I am not seeing what they are seeing.

1/

Teri_Kanefield,
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@dsurkin @lesblazemore

Me too. I'm putting it into my weekend blog post. I'll have it ready tomorrow.

Teri_Kanefield,
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@dsurkin @lesblazemore

@dsurkin Was it illegal to gross up the payment to Cohen to cover his taxes? (The Trump Org doubled what they owed him to cover his taxes.)

My gut says it isn't illegal unless Cohen failed to report it correctly, but I don't even do my own taxes (my husband has an MBA and does them).

Teri_Kanefield,
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@dsurkin So if Cohen sent an invoice for "legal services" and Trump paid the bill and recorded it as "legal services" how did Trump commit tax fraud?

Assuming that Trump had nothing to do with the creating of the invoice or what the invoice would be called.

Assume also that Cohen called it 'legal services' when he fixed problems for Trump.

Also these are internal records. Cohen is not an employee. He presents a bill for services and the company pays.

Teri_Kanefield,
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@dsurkin Adding: It's interesting, but beside the point. The prosecution has not alleged tax fraud. They alleged a criminal conspiracy to interfere with the election. They are calling it election fraud.

I read the opening arguments, and they mentioned election fraud, and a conspiracy to interfere with the election.

In one of the motions they mentioned tax fraud as a possibility, but the possibility was helping Cohen commit tax fraud and the evidence would be Cohen's returns.

Teri_Kanefield,
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@dsurkin You read the blog post? I ended up deleting a quotation from one of their filings that might help (but I don't think so).

I try to find it for you.

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