After former president Donald J. Trump pleaded not guilty in New York City to 34 felony charges related to falsifying business records, Professor Jerry Goldfeder talked about the indictment and explained the charges against Trump.
Manhattan DA Alvin Bragg would have to prove that Mr Trump knew he was breaking the law and that he falsified business records with the aim of helping his presidential campaign.
Mr Bragg could point to a specific New York election law that bars candidates from conspiring “by unlawful means” to advance a campaign, said Jerry Goldfeder, a New York election and campaign finance lawyer.
Election law experts are divided on whether that state crime allegation could work as the foundation for the felony. The debate centers on a legal concept known as preemption, which comes into play when the federal law appears to supersede a state law, and whether state prosecutors can go after conduct that is tied to a federal election, i.e. the 2016 presidential campaign.
“Federal election law, generally speaking, preempts state election law when it comes to a governing of federal elections, except there are exceptions whereby certain state election laws can come into play,” said Jerry H. Goldfeder, a veteran election and campaign-finance lawyer at Stroock & Stroock & Lavan. “Apparently [prosecutors]have looked at this seriously enough to conclude they were within their bounds.”