In 2000, the Supreme Court ruled that sentences can't be enhanced on facts outside of an indictment. Trump's team is likely to bring that defense in Manhattan.
in the days before the 2016 presidential election. Daniels alleged that she and Trump had an affair in 2006, which Trump denies and maintains his innocence in the case.brought them up to felonies as falsifying business records
are considered a felony in New York if it's done while committing another crime. In order to bring the charges up from a misdemeanor, prosecutors have said that Trump hid the hush money payments in order to break election laws. "One avenue for Donald Trump's attorneys to push back against the Manhattan DA in the pending case against Donald Trump is to challenge the legal sufficiency of indictment," former federal prosecutor and elected state attorney Michael McAuliffe toldFormer President Donald Trump reacts as he plays golf at the Trump Turnberry Golf Courses on the west coast of Scotland on May 2.
After Apprendi Jr. plead guilty, prosecutors filed a motion to enhance the sentence, which the court granted after finding a preponderance of evidence that the shooting was racially-motivated. However, the Supreme Court ruled that any fact that increases the penalty for a crime must be submitted to a jury and proved beyond an unreasonable doubt.
In Trump's case, the alleged violation is not in the indictment, and without it, there would be no other crime that could bring the misdemeanor counts up to felonies. Bragg's prosecutors argued in a May 16 court filing that"the indictment need not identify any particular crime that the defendant intended to commit or conceal."
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