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The Trump Indictment Is Far From an Open-and-Shut Case

The Trump indictment is not an open-and-shut case; legal hurdles include proving Trump's knowledge and intent, while his lawyers may argue factual defenses against Cohen's and Daniels' testimony.

  • Manhattan grand jury has voted to indict Donald Trump for falsifying business records relating to hush money paid to Stormy Daniels.
  • Charge likely to be a Class E felony punishable by up to four years in state prison.
  • Legal hurdles for prosecution include proving Trump's knowledge of the false record-keeping and intent to defraud.
  • Trump's lawyers most likely to argue factual defenses against testimony of Michael Cohen and Stormy Daniels.
  • Trump's best defense may be arguing lack of intent to cheat a victim out of money or property.
The Trump Indictment Is Far From an Open-and-Shut Case
But its main weaknesses are factual, not legal, and courts won’t object to it as selective prosecution.

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