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175.10 has been used before. There are many things which are firsts, and a lot of shaky legal theory. My I'd put 10 to 1 odds this gets overturned, and 5 to 1 o
by JamesBarney 2y ago
175.10 has been used before. There are many things which are firsts, and a lot of shaky legal theory. My I'd put 10 to 1 odds this gets overturned, and 5 to 1 odds it happens before it gets to the supreme court.
1. Usually they charge the predicate crime.
2. FECA has never been used as a predicate crime.
3. I don't believe a campaign finance reporting violation has been tried as election interference.
4. There are a lot of unsettled questions about these laws like can 175.10 point to a federal crime? Is hasn't been prosecuted that way before. Can it point to FECA despite FECA's broad preemption?
Law professors discussing these issues below.
https://shugerblogcom.wordpress.com/2023/04/04/a-potential-problem-for-the-trump-indictment-is-there-any-precedent-for-an-internal-business-record/ https://shugerblogcom.wordpress.com/2023/04/04/a-potential-p...
https://law.syracuse.edu/news/professor-gregory-germain-writes-the-most-important-part-of-trumps-hush-money-case-begins-next-week/ https://law.syracuse.edu/news/professor-gregory-germain-writ...