Hear, hear!
@pnjaban: "President Donald Trump's Manhattan Convictions are Unconstitutional — thoughtful analysis by Calabresi regarding a SCOTUS appeal.
#SCOTUS #1Am #campaignfinance #NY #NYC #DABragg #Democrats #lawfare #PresidentTrump #2024election
@darulharb Calabresi is missing a critical detail: the NY law that Trump violated doesn't require commission of an underlying law but rather the INTENT TO commit a crime.
Whether that is good or bad is a different question, but it is what it is.
Calabresi is also likely wrong about his 1st Amendment argument too, but it doesn't even matter because he missed the intent issue.
That, in itself, is probably a constitutional violation. Anyway, you still need unanimity beyond a reasonable doubt on the same theory of the case for a conviction to be valid.
@darulharb The structure of the NY law takes care of that criticism, though.
The law is written such that they just need to find nefarious intent. The specifics of the intent don't matter to the law any more than the motivation of a thief matters beyond just wanting to steal things.
