9 Comments

Alan, I am 92 years old. I have a sister who is 90. She will not speak to me because I support Trump. She is a practicing Christian. who believes in forgiving everyone else, but she cannot forgive me. Of course, I take every opportunity I get to let her know of my support for Trump. Carl Pedersen

Expand full comment

Mr. Dershowitz,

It is saddening to think of the waste of time and money that is being spent so that Mr. Bragg can

fulfill his promise to uphold his campaign promise to get Mr. Trump.

I grew up in Queens, NY and could go through out the City day or night without fear. I had a paper

route and would get up at 4-5am to make deliveries with no fear of being mugged or beat up.

Prior to military service ('64-'68) I walked throughout the city delivering paperwork to attorneys for

an insurance adjuster all over up and down the city with no problems.

From what has been reported in various news outlets, it would seem that Mr. Bragg should be fulfilling

his obligation of protecting the citizens of New York and making it a safer place for the citizens.

The citizens of New York deserve better.

Thank you much for your newsletter.

Best regards,

Joe Davis

Expand full comment

One wonders what it will take for you to finally realize that the democrat party is no longer the party of liberty. This is not JFK and Bobby's party anymore, and you can see that quite clearly. The "trusted news initiative" is attacking his son viciously, in unison, as if they 've been told what to say and how to say it.

The destructivists, Alan, are not just some minority in academy anymore. These are a group of elites in industry, academy and government who wield tremendous power, who meet once a year at a forum, and who recruit social justice foot soldiers to do their bidding. It should be clear that their aim is not fair elections, but a one party state.

The apparatchiks are on the march, and for all your bravery and courage and audacity to speak truth, which is all admirable, in the end you still vote for them. You are voting for your own demise. They will come for religions next. They will come for us. They always do. Because radical leftwing totalitarians require obedience to the state.

Expand full comment

Alan, like it or not, the point is not that he paid hush money, it's that he deducted the payments illegally. I'm sure your not paying hush money, but if you are, I assume you are smart enough not to leave a paper trail and then try to cover up that paper trail with provably willful deceptive accounting of the payments. Top it off with the non-coincidental timing of all of this right before the election and it becomes a campaign finance issue. Is it not a crime to direct someone else to break the law? Cohen did, after all, go to jail for carrying out the illegal scheme, and noted he did it at the direction of Trump. I respect your "vigorous defense" of Trump, but he either broke the law, or he didn't. Sure, they may be "miniscule charges", but he apparently did it repeatedly and willfully. Drink and drive and get caught. Sure, everyone does it and most people don't get caught, but if you speed and drive erratically, i.e., Trump's public behavior, and DO get caught, you get arrested because it's a crime... even if nobody got hurt. Maybe you AD might get off because of who you are. Maybe not.

Expand full comment

Dan, although I never practiced in NY, I am a retired CPA so, let me help put this in perspective, at least from a Federal level. I've helped audit billion-dollar corporations, and there are millions of transactions; not each one is reviewed in an audit. Like Federal filings, in States and Cities that impose income taxes on their citizens, the filer must certify to their attestation that the filing is complete and have no material errors, accidental or intentional. Because the filer attests to its accuracy, if material, it could be construed as a misdemeanor, as I suspect in NYC. If there is a category, such as internet fees, and the accounting department includes it in another category, such as telephones, an auditor may or may not propose to move it to internet fees since a category exists.

The more relevant question is, are NDPs in NY deductible for income tax purposes? I can't say. But even if it were not, the tax implications would be to correct the amount due for the incorrect deduction, plus fines and interests. Rarely anything more. That is how the IRS would handle it as well, which I do know.

I was in audit, not taxation, so it is not my expertise; either way, it certainly doesn't rise to a felony given the complexities of Federal, State, and City income tax regulations, most of which treat taxable income differently. If Trump filed his taxes correctly, and even if he hadn't, and it wasn't caught in time, the statute of limitations still applies. I know you wish it were more, but this is as they say, a nothing burger. You can be sure this has opened a pandora's box the likes you have no idea what is to come.

For example if you apply that same; either he broke the law or didn't comment, so it can now be used on the Biden Crime Family, the Clinton Foundations, pay-for-play schemes, or Pelosi's insider trading violations, they too can currently be prosecuted regardless of the statute of limitations. Irrespective of the party, these things used to be prosecuted, but that was long ago. How do politicians like AOC come into Congress and come out multimillionaires? That is more egregious and has resulted in a two-tier, or three if you count the gender discrepancy regarding women given lighter sentences, and as a veteran, I've lost respect for this government. It's as corrupt as third-world countries that I've lived in, and this country will regret this sooner than later.

Expand full comment

I totally agree with you.

Expand full comment

Why isn't Dershowitz calling for the extortionist to be prosecuted, and worse, wishing her only the best?" It may, in fact, be too late for her to be charged, but if Trump is accused of paying her off, shouldn't she be formally accused of the FELONY that instigated this whole sordid mess?

What is to stop the next opportunistic lowlife from targeting a political figure, if he or she knows there will be no penalties for him or her, only for his or her victim? Apparently, that's the way the legal system works in NYC - charge the victim, let the predator go free. It has been made abundantly clear this week, both with Trump's indictment and, more outrageously, in the charging with murder and weapons violations for the shopkeeper who killed his armed attacker with the predator's own gun.

This is where the upside-down legal system in NY, and likely the rest of the nation, has us now, and if permitted to stand, especially as an example to those who would weaponize the legal system against their personal and political foes, we are lost. I'm ashamed that Dershowitz would, by his kid gloves approach to the morally-challenged Ms. Daniels, be an advocate of such a foreseeable progression.

Expand full comment

Khag Pesakh Sameakh Mr. Dershowitz.

Expand full comment

Hi, Frank,

I appreciate the detailed reply. First of all, this is not a federal prosecution. These are state felonies that are charged. They may "only be class E felonies", but felonies nonetheless. These are also not "accidental accounting errors". Let's all be grown ups here and use the eye test.

Secondly, I absolutely agree with you, and yes, the Bidens should be prosecuted for any actual crimes they commit, as should any and all elected officials.

Lastly, the system, all of it, is indeed corrupt. Why? Because the politicians are writing the rules for themselves. What the Clinton Foundation did and does sadly is not illegal. It should be. I would caution you to not make assumptions about my politics based on my opinion on this topic. I believe in laws and accountability for all. My problem, as stated before, is that the politics of prosecution are evident when people with power, wealth, and privilege DON'T get prosecuted.

Expand full comment