A Primer on the Trump Case

For readers still puzzled about exactly how the Trump trial went down and why Alvin Bragg’s case was so convoluted, Brad Smith, former chairman of the Federal Election Commission whose testimony on this point was disallowed by Judge Merchan, offers this primer in two long threads on Twitter/X:

Falsifying business records under NY law is a misdemeanor, unless done to hide a crime. Bragg says that crime was a violation of the Federal Election Campaign Act (FECA), or of a NY statute making it illegal to influence an election by “unlawful” means.

But if the latter, what is the “unlawful means?” An alleged violation of FECA. So it comes down to FECA. There are two potential violations here. One is acceptance of an unlawful contribution by the campaign. The other is incorrect reporting of a contribution by the campaign.

Either way, we have to have a campaign contribution. That allegedly occurred when Cohen advanced money to pay the Stormy Daniels settlement. FECA defines a contribution as any payment made “for the purpose of influencing an election.” The 2016 max legal contribution was $2700...