Alexander Hamilton III is a pastor and served as a prosecutor for ten years. His podcast is The Hamilton Corner on American Family Radio. He provided a detailed legal analysis of the absurd charges against Donald Trump that you won’t see in the media. At times we quote him, and at other times, we paraphrase.
There is no crime. As John Solomon wrote recently, Trump’s lawyers will do three things to begin their defense. The Trump lawyers will move to dismiss because the charges are beyond the statute of limitations. They will then ask for a change of venue. Also, there is a Supreme Court case in which Justices ruled unanimously that you can’t defraud someone unless you take something from them.
Bishop Hamilton explains that this is a case of prosecutorial misconduct, and it should not be partisan.
THE SECRET CRIME
The charge against Donald Trump is a crime not being charged but hides another more serious crime, “but he doesn’t tell you what it is.” He uses a misdemeanor to say a more serious unknown crime is being charged.
Donald Trump is charged under Penal Code section 175.10, a misdemeanor under New York State law. “In this instance, the New York Manhattan district attorney’s offices, District Attorney Alvin Bragg alleges that Mr. Trump’s alleged violation of the falsifying business records statute was “with the intent to defraud and intent to commit another crime and conceal and aid and conceal the Commission thereof.”
As an aside, an indictment is the formal charging document, the purpose of which, the constitutional purpose of it, is to notify the charged party of specifically what they have been accused of to allow them to prepare their defense for the accusation.
IT’S BEYOND THE STATUTE OF LIMITATION
The first thing you must know is that the misdemeanor in the New York crime of falsifying business records is a misdemeanor. “The statute of limitations for the misdemeanor crime of falsifying a business record is two years. This means if a prosecutor wants to prosecute someone for falsifying a business record, they have two years from the date of the falsification to bring that charge. If you have not charged the misdemeanor falsification of a business record within that two-year time period, the law bars you forever from making that charge.”
“The next thing you should note is that with this novel, unique legal theory of saying, ‘well, you falsified the business record in order to commit another crime,’ that means that the state of New York is abandoning the prosecution of the misdemeanor charge in its own right. And is pursuing the establishment of this additional felony. But the…statute of limitations for that is five years.”
“The alleged misconduct in the indictment stems from 2017. In fact, the time period for the alleged falsification of business records for the purposes of aiding, committing, and concealing another crime ranges from February 14th, 2017, to December 5th, 2017.”
The deadline for charging was December 5th, 2022.
“It seems apparent to me that the purpose of the 34 counts in the indictment is to try to manufacture an extension of time that would allow them to satisfy the statute of limitations requirement and also to try to give a show for the public, not for the courtroom, a show for the public to try to make it seem like, ‘oh this is an egregious offense now.’”
The 34 counts of the indictment really only focuses on a handful of checks and a handful of financial transactions, but they’re literally charging an indictment for every instance related to the singular financial transaction.”
THE FOUR CATEGORIES
There are “four categories of activity that are alleged in the indictment as the basis for the falsification of a business record charge are former president Trump’s revocable trust receiving invoices, a couple of invoices from Michael Cohen. So it’s a crime to receive the invoice is what they’re saying.”
“Receiving the invoice is a crime!”
The next category is entering the receipt of the invoice into the Trump revocable trusts detailed general Ledger. It’s a crime to enter the invoice. Trump was charged for entering the invoice into the Ledger. It is being alleged as a falsification of the business records.
Then checks written, a handful of checks written in response to the provided invoice, are crimes.
To interject, for me, the indictment is equivalent to a burglar going into a store and stealing four bags of Fritos and then being charged with 16 crimes. He’s charged with grabbing the Fritos, not paying for the Fritos, leaving the store with the Fritos, and then eating the Fritos. And then, the prosecutor charges a separate crime for each bag of Fritos. Soon, you have a 16-count indictment against the Frito thief. Read on…
“The grand jury in the county of New York, by this indictment, accuses the defendant of the crime of falsifying business records in the first degree. A first-degree falsification of a business record felony, as alleged, is a class E9 nonviolent felony in the state of New York. The potential penalty for violating this law is no jail time. You cannot go to jail for this violation. The sentence in New York is probation for one and one-third years up to four years. That’s the Max. So all of this 34-count indictment is for a crime that no one can even be put in jail for!”
Following is just one of the counts!
Count 1, the grand jury county New York by this indictment, accuses the defendant of the crime of falsifying business records in the first degree in violation of penal law section 175.10 committed as follows:
The defendant in the county of New York and elsewhere, on or about February 14, 2017, with the intent to defraud and intent to commit another crime and aid and conceal the Commission.
Count 1 is based on an invoice from Michael Cohen dated February 14th, 2017. It was marked as a record of the Donald Trump revocable trust, kept and maintained by the Trump organization.
The allegation in count one is receiving an invoice from Michael Cohen, a convicted liar, and entering that invoice into the Donald J Trump revocable trust business records. That’s the crime.
Count 2 of this indictment claims the defendant in the county of New York and elsewhere, on or about February 14th, 2017, with the intent to defraud and intent to commit another crime and conceal the Commission thereof, made and caused the false entry in the business records of an enterprise, to wit an entry in the detailed general Ledger for the Donald Trump trust… and kept and maintained by the Trump organization.
It’s the exact same transaction that was addressed in count one!
The only difference is Count One alleges that the crime was the Trump organization – the Trump revocable trust received the invoice. The crime in count two is entering the invoice into the corporation’s General Ledger.
Count 3 is another entry into the General Ledger.
Count 4 is a check issued to pay the invoice into the General Ledger.
That’s four accounts of criminal allegations made for the exact same transaction!
So when you see a 34-count indictment, it really alleges about maybe four transactions at best.
By doing this, they extend the cumulative indictment to February 14, 2017, extending the statute of limitations beyond December.
THE NO GO CRIME
This is a no go, but there are reasons for it.
“When you see people using phrases like the weaponization of governmental apparatus solely for political purposes – when you see people saying things [like] we are living in an era where you have people that are regressives [his term for progressives] so bent on advocating for their regressivism that they have no problem attempting to undermine and utterly destroy our Constitutional Republic as it currently exists’, [it’s] because, frankly, they don’t want it this way anyway. Many regressives loathe the Constitution. That’s why you have regressives on benches around the country.
“That’s why you have [them] saying that ‘we need to get rid of the Electoral College. we need to reconsider their First Amendment; we need to reconsider the Second Amendment.’ They literally want to remake our nation into an entirely different country. This is how these things happen. You have a man who’s committed himself to not prosecuting felonies now – all of a sudden – there’s a felony he wants to prosecute.”
THE REASONS FOR THE SHOW
This is a sham, a show.
The reason Bragg made these handfuls of individual transactions into crimes to try to make it look worse.
Another reason “why unethical prosecutors use cumulative indictments is that they know most of the indictments are going to be thrown out. They know that but … they throw …everything to the wall to see what sticks.”
“I am telling you Alvin Bragg has no intention whatsoever of ever seeing former president Trump convicted of any of these crimes. He has done his job in serving the regressive communist revolution by charging former president Trump and allowing his … colleagues to do their work of attempting to legitimize this.”
“It should not be a partisan issue to evaluate the efficacy of prosecutorial misconduct.”
“It literally goes as I explained it – receipt of an invoice crime. How is that a crime? Receiving an invoice, entering the invoice into your Ledger. That’s a crime, paying the check?…”
“This is laughable. The saddest part about this is that these are the types of things that banana republics are made of.”