Reader, it was not. According to
the statement of facts released with the indictment, Trump ‘repeatedly and fraudulently falsified New York business records to conceal criminal conduct that hid damaging information from the voting public during the 2016 presidential election’. And what was that criminal conduct? ‘From August 2015 to December 2017, the defendant orchestrated a scheme with others to influence the 2016 presidential election by identifying and purchasing negative information about him to suppress its publication and benefit the defendant’s electoral prospects’, reads the statement. ‘In order to execute the unlawful scheme, the participants violated election laws and made and caused false entries in the business records of various entities in New York. The participants also took steps that mischaracterised, for tax purposes, the true nature of the payments made in furtherance of the scheme.’
Let’s break this down. The alleged crime of falsifying documents can only be bumped up to a felony worthy of prosecuting Trump if the documents were falsified to conceal a crime. What was that crime? It appears to be ‘a scheme… to influence the 2016 presidential election by identifying and purchasing negative information about [Trump] to suppress its publication’. But that is not a crime, either. Like paying off a porn star, the practice of ‘catch and kill’ – buying the exclusive rights to a news story to make sure it is never published – is a common practice. How could the crime Trump was trying to hide not be a crime? Well, Bragg explains, in order to do this otherwise legal act, Trump and his team ‘violated election laws’ by, you guessed it, falsifying business records.
In other words, the second crime which is supposed to justify the first crime being bumped up to the level of a felony is… the first crime. ‘The scheme violated New York election law, which makes it a crime to conspire to promote a candidacy by unlawful means’, Bragg
explained at a press conference on Tuesday. ‘The $130,000 wire payment exceeded the federal-campaign-contribution cap and the false [business] statements… violated New York law’, he added.