Causing a false entry to be made in a company’s records is a misdemeanor offense in New York, subject to a two-year statute of limitations. The statute says, however, that if the false business entry was made for the purpose of concealing the commission of, or intent to commit, “another crime,” then it is a felony offense, which has a longer statute of limitations. //

Although this was a state prosecution, Bragg brought in Matthew Colangelo, a high-ranking official from the Justice Department, to serve as lead prosecutor in the case. Colangelo previously had served as acting associate attorney general, the third-highest position within DOJ. //

Third, although the indictment alleged that Trump caused a false business record to be entered on the company’s books for the purpose of concealing the commission of, or intent to commit, “another crime,” the indictment didn’t say what that other crime was. And Bragg refused to say what it was when asked about it during a press conference.

Trump’s legal team filed a motion for a bill of particulars, asking Merchan to compel the state to disclose what the other crime was so that Trump’s lawyers could prepare his defense adequately. Merchan refused.

Indeed, it was not until the charge conference shortly before closing arguments that the prosecution team disclosed its speculations about what that other crime might be. And it was not until the prosecutor gave his closing argument—after Trump’s lawyer already had made his and sat down—that he finally said anything to the jury about what the other crime was. //

Fifth, Merchan’s pretrial ruling severely limited what Brad Smith—a former member of the Federal Election Commission and one of the nation’s leading authorities on federal campaign finance laws—could say from the witness stand. Smith was prepared to testify that Trump’s $130,000 payment to Cohen to reimburse the lawyer for the payment to Daniels was a personal expense, not a campaign expense, which didn’t violate campaign finance laws.

Indeed, Smith would have testified that if Trump had paid this money out of his campaign coffers rather than out of his own pocket, that would have been a federal campaign finance violation. Merchan wouldn’t allow Smith to say any of this from the witness stand. His testimony was going to be so limited that the Trump legal team decided it was worthless to call him as a witness, and so they didn’t. //

Eighth, there is a strong argument that neither Bragg as the DA nor Merchan as the judge had jurisdiction to put anyone on trial—much less a former president—for alleged violations of federal campaign finance laws. Nothing in the Federal Election Campaign Act gives state court prosecutors and judges jurisdiction over such matters.

And, according to a 2023 memorandum of understanding between the Federal Election Commission and the Justice Department, the FEC “has exclusive jurisdiction over civil enforcement of the federal campaign finance laws” and the Justice Department “has exclusive jurisdiction of criminal enforcement of the federal campaign finance laws, including related criminal offenses.”

Here, both the FEC and DOJ investigated the matter and declined to pursue it.