NEW YORK, New York – Former President Donald Trump’s indictment in New York last week is dividing both lawyers and voters.
The latest poll numbers find Republican and Independent voters feel the case is mostly politically motivated – but Democrats view it as a matter of law.
Meanwhile, legal experts feel proving the felonies in the case will be challenging.
In New York, falsifying business records would normally be a misdemeanor – however, it can be a low-level felony if it’s done to conceal another crime.
David Cohen – chair of the Criminal Justice Division at the New York State Bar Association – predicted, based on the statement of facts, the charges will ‘stick.’
“I don’t think it’s going to be difficult to prove,” said Cohen, “that certain entries were made in various business records of enterprises that come under the umbrella of the Trump Organization, or some of his personal accounts. And the question is, how are they going to establish that?”
He suggested that the defense team might challenge a range of issues, including the statute of limitations.
During the early days of the pandemic, former Gov. Andrew Cuomo extended the statute of limitations on all crimes – since grand juries weren’t able to convene.
While the crime carries a maximum sentence of four years in prison, there’s no minimum – meaning Trump could face minor penalties if convicted.
It’s well known that this isn’t the only legal action the former president is facing. Along with an investigation in Georgia of election tampering, New York Attorney General Letitia James plans to bring a civil fraud case later this year.
Cohen described the historic nature of this development.
“The mechanism that has historically been used against Presidents, if they committed acts, would be impeachment, and then possible conviction in the Senate,” said Cohen. “However, this conduct is not subject to that – obviously he’s no longer President – but wouldn’t have been, because this was done when he was a private citizen.”
A majority of Americans approve of the charges against Trump, according to a YouGov America Poll – but he’s still the frontrunner to become the Republican nominee in the 2024 Presidential election.
A Quinnipiac Poll finds 47% of Republicans and Republican leaning voters support the former president.
Source: New York News Connection