{"id":2257077,"date":"2024-05-31T19:13:02","date_gmt":"2024-05-31T23:13:02","guid":{"rendered":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/trump-could-raise-unspecified-other-crime-on-appeal\/"},"modified":"2024-05-31T19:16:54","modified_gmt":"2024-05-31T23:16:54","slug":"trump-could-raise-unspecified-other-crime-on-appeal","status":"publish","type":"post","link":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/trump-could-raise-unspecified-other-crime-on-appeal\/","title":{"rendered":"Trump may raise unspecified &#8216;other&#8217; crime on appeal"},"content":{"rendered":"<aside class=\"mashsb-container mashsb-main mashsb-stretched\"><div class=\"mashsb-box\"><div class=\"mashsb-count mash-medium\" style=\"&quot;\"><div class=\"counts mashsbcount\">16<\/div><span class=\"mashsb-sharetext\">SHARES<\/span><\/div><div class=\"mashsb-buttons\"><a class=\"mashicon-facebook mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/www.facebook.com\/sharer.php?u=https%3A%2F%2Fwww.conservativenewsdaily.net%2Fbreaking-news%2Ftrump-could-raise-unspecified-other-crime-on-appeal%2F\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Facebook<\/span><\/a><a class=\"mashicon-twitter mash-medium mash-nomargin mashsb-noshadow\" href=\"https:\/\/twitter.com\/intent\/tweet?text=&amp;url=https:\/\/www.conservativenewsdaily.net\/breaking-news\/?p=2257077&amp;via=ConservNewsDly\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Twitter<\/span><\/a><a class=\"mashicon-subscribe mash-medium mash-nomargin mashsb-noshadow\" href=\"#\" target=\"_top\" rel=\"nofollow\"><span class=\"icon\"><\/span><span class=\"text\">Subscribe<\/span><\/a><div class=\"onoffswitch2 mash-medium mashsb-noshadow\" style=\"display:none\"><\/div><\/div>\n            <\/div>\n                <div style=\"clear:both\"><\/div><\/aside>\n            <!-- Share buttons by mashshare.net - Version: 4.0.47--><p>The \u200c<a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/the-big-problem-with-the-stormy-daniels-hush-money-case-against-trump\/\" title=\"The Big Problem With The Stormy Daniels Hush Money Case Against Trump\">hush money case<\/a> involving Donald Trump raised questions about an &#8220;other&#8221; crime. Legal experts \u2064believe\u200b this factor could be crucial in his appeal post-conviction. Trump&#8217;s potential appeal grounds, including the lack of specificity \u200daround the unspecified \u2062offense, are being closely \u200bwatched by his legal team. The trial&#8217;s complexities and the\u2063 multiple issues for appeal are anticipated \u2064in\u200c the legal\u2064 process.  <\/p>\n<p class=\"readmore\">\n    <button onclick=\"showReadMore()\" id=\"readmorebtn\">Read more&#8230;<\/button>\n<\/p>\n<hr id=\"line\">\n<span id=\"more\"><\/p>\n<div>\n<p>The \u201cother\u201d crime factor in <a href=\"https:\/\/www.washingtonexaminer.com\/tag\/donald-trump\" target=\"_blank\" rel=\"noreferrer noopener\">Donald Trump<\/a>\u2018s hush money case was a source of scrutiny throughout his trial, and now that the former president has been convicted, legal experts say it could serve as a basis for his <a href=\"https:\/\/www.washingtonexaminer.com\/news\/justice\/3023373\/trump-guilty-appeals-process\/\" target=\"_blank\" rel=\"noreferrer noopener\">appeal.<\/a><\/p>\n<p>Trump vowed Friday he would bring the appeal on \u201cmany different\u201d grounds, and one could be the lack of specificity surrounding that other crime \u2014 the unspecified offense that prosecutors said Trump committed while falsifying documents, effectively bumping expired misdemeanors up to felony charges.<\/p>\n<p>\u201c[The jurors] did not have to be unanimous as to what that other crime was,\u201d John Malcolm, a former federal prosecutor, told Fox News. \u201cThis will be one of the many issues that Trump\u2019s legal team will raise on appeal.\u201d<\/p>\n<p>Trump was convicted of <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/are-the-charges-brought-against-the-trump-organizations-cfo-part-of-a-witch-hunt-experts-weigh-in\/\" title=\"Are The Charges Brought Against The Trump Organization\u2019s CFO Part Of A Witch Hunt? Experts Weigh In\">falsifying <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/report-hunter-biden-still-owns-stake-in-chinese-equity-firm\/\" title=\"Report: Hunter Biden still owns stake in Chinese equity firm\">business records<\/a><\/a> in the first degree, but the conviction meant the jury also had to have found Trump intended to commit \u201canother crime.\u201d The jury did not have to say as part of its verdict what that other crime was because the judge decided not to require unanimity on that point.<\/p>\n<p>Prosecutors eventually said that the other crime was that Trump intended to violate New York\u2019s election law by attempting to influence the 2016 election through \u201cunlawful means,\u201d but they gave three different options for what those means could have been.<\/p>\n<p>When giving jury instructions, Judge Juan Merchan told jurors they \u201cneed not be unanimous\u201d about what the unlawful means were.<\/p>\n<p>\u201cYou may consider the following: (1) violations of the Federal Election Campaign Act otherwise known as FECA; (2) the falsification of other business records; or (3) violation of tax laws,\u201d the jury instructions <a href=\"https:\/\/www.nycourts.gov\/LegacyPDFS\/press\/PDFs\/People%20v.%20DJT%20Jury%20Instructions%20and%20Charges%20FINAL%205-23-24.pdf\" target=\"_blank\" rel=\"noopener\" title>read<\/a>.<\/p>\n<p>Judge Michael Obus, who presided over criminal cases in Manhattan for about 27 years, said one issue Trump could raise could be that one of the underlying crimes jurors could choose to convict him of was a federal crime, not a state one.<\/p>\n<p>\u201cSince one of the alternatives was this <a href=\"https:\/\/www.conservativenewsdaily.net\/breaking-news\/yes-the-statute-of-limitations-has-passed-on-braggs-get-trump-case\/\" title=\"Yes, The Statute Of Limitations Has Passed On Bragg\u2019s \u2018Get Trump\u2019 Case\">federal election violation<\/a>, that\u2019s the kind of argument that we might see on appeal, [an] argument being that New York courts don\u2019t have the authority to prosecute a case with that being the object crime, because it\u2019s a federal crime,\u201d Obus told reporters on Friday.<\/p>\n<p>Elie Honig, a former assistant U.S. attorney in New York, <a href=\"https:\/\/nymag.com\/intelligencer\/article\/trump-was-convicted-but-prosecutors-contorted-the-law.html\" target=\"_blank\" rel=\"noopener\" title>wrote<\/a> in a scathing op-ed that appeared in <em>New York<\/em> magazine on Friday that Manhattan District Attorney Alvin Bragg \u201cinexcusably\u201d did not specify what the \u201cunlawful means\u201d were, opening the door for an appeal.<\/p>\n<p>\u201c[Trump is] certain to contest the inventive charges constructed by the DA,\u201d Honig wrote. \u201cI won\u2019t go so far as to say an appeals court is likely to overturn a conviction \u2014 New York law is broad and hazy enough to (potentially) allow such machinations \u2014 but he\u2019s going to have a decent shot at a reversal.\u201d<\/p>\n<p>Norm Eisen, a legal analyst who led congressional Democrats\u2019 first impeachment against Trump, was less open to the idea of the \u201cother\u201d crime controversy being a successful\u00a0appeal avenue for Trump. Eisen told reporters that he viewed the structure of Bragg\u2019s case as similar to that of thousands of other felony falsifying business records cases.<\/p>\n<p>\u201cIt\u2019s been litigated over and over again,\u201d Eisen said. \u201cThere\u2019s no requirement for the jury to agree or even say what [the] other crime is.\u201d<\/p>\n<p>He added that it was nevertheless \u201cabundantly clear\u201d what the other crime was.<\/p>\n<p><strong><a href=\"https:\/\/www.washingtonexaminer.com\/\" target=\"_blank\" rel=\"noreferrer noopener\">CLICK HERE TO READ MORE FROM THE WASHINGTON EXAMINER<\/a><\/strong><\/p>\n<p>\u201cIt was conspiring to unlawfully influence an election. There were multiple unlawful means that were charged, and so I just think that it\u2019s false that there was any lack of clarity about that,\u201d Eisen said. \u201cI think we\u2019ll find on appeal that these issues are given the back of the hand by the New York appellate courts.\u201d<\/p>\n<p>Trump is scheduled to be sentenced July 11. He can file his notice of appeal within 30 days of his sentencing.<\/p>\n<\/p><\/div>\n<p><\/span><\/p>\n","protected":false},"excerpt":{"rendered":"<p>The &#8220;other&#8221; crime element in Donald Trump&#8217;s hush money case garnered attention during the trial. Legal experts suggest it may be a key factor in his appeal after the conviction. Trump plans to appeal on various grounds, including potentially the absence of specific charges<\/p>\n","protected":false},"author":49,"featured_media":2257078,"comment_status":"open","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_mo_disable_npp":"","fifu_image_url":"https:\/\/www.washingtonexaminer.com\/wp-content\/uploads\/2024\/05\/AP24151786638544.jpg.optimal.jpg","fifu_image_alt":"","footnotes":""},"categories":[538],"tags":[],"class_list":["post-2257077","post","type-post","status-publish","format-standard","has-post-thumbnail","hentry","category-washington-examiner"],"fifu_image_url":"https:\/\/www.washingtonexaminer.com\/wp-content\/uploads\/2024\/05\/AP24151786638544.jpg.optimal.jpg","_links":{"self":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2257077","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/users\/49"}],"replies":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/comments?post=2257077"}],"version-history":[{"count":0,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/posts\/2257077\/revisions"}],"wp:featuredmedia":[{"embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media\/2257078"}],"wp:attachment":[{"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/media?parent=2257077"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/categories?post=2257077"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.conservativenewsdaily.net\/breaking-news\/wp-json\/wp\/v2\/tags?post=2257077"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}