pacecar02 said:
TXAggie2011 said:
This jury in this case will have to decide, as an element of the case, whether the State proved beyond a reasonable doubt that there was intent to commit or aid or conceal the commission of another crime. That will be tried. The State of New York will have the burden of proof.
legally how can a New York jury "decide" a federal crime that was never charged or adjudicated.
That seems preposterous
First of all, you're changing the subject (maybe unintentionally). You said how can you be charged for covering up a crime you weren't charged with. Now, you're talking about whether the crime is federal or not. That's a different issue.
Second, as noted, there are two New York state crimes involved.
Third, a state cannot directly charge a person with a federal crime without permission from Congress. But New York is not doing so. They are not charging Trump with a federal crime. States are generally allowed to use federal crimes (or intended crimes, etc.) as predicates or as elements of state crimes.
And I think the conspiracy explanation above is pretty good. Lots of people get dinged for conspiracy to commit a crime even though they're not charged with that crime for some reason.